Featured Issue: Representing Clients Before ICE
This resource page combines resources for attorneys representing clients before ICE. For information about why AILA is calling for the reduction and phasing out of immigration detention, please see our Featured Issue Page: Immigration Detention and Alternatives to Detention.
Quick Links
- Seeking Stays of Removal
- AILA Practice Pointers and Alerts (continually updated)
- Practice Advisory: Representing Detained Clients in the Virtual Landscape
- Practice Pointer: How to Locate Clients Apprehended by ICE
- Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
- AILA ICE Liaison Agenda and Meeting Minutes
Communicating with OPLA, ERO, and CROs
The Office of the Principal Legal Advisor (OPLA) includes 1300 attorneys who represent the Department of Homeland Security (DHS) in immigration removal proceedings before the Executive Office for Immigration Review (EOIR). OPLA litigates all removal cases as well as provides legal counsel to ICE personnel. At present, there are 25 field locations throughout the United States.
Enforcement and Removal Operations (ERO) manages all aspects of immigration enforcement from arrest, detention, and removal. ERO has 24 field office locations. ERO also manages an “alternative to detention” program that relies almost exclusively on the “Intensive Supervision Appearance Program (ISAP)” to monitor individuals in removal proceedings.
Since 2016, ICE has had an Office of Partnership and Engagement (formerly Office of Community Engagement) to be a link between the agency and stakeholders. As part of this office, Community Relations Officers (CROS) are assigned to every field office to work with local stakeholders such as attorneys and nonprofit organizations.
*Headquarters does not provide direct contact numbers or emails for individual employees.* (AILA Liaison Meeting with ICE on April 26, 2023)(AILA Doc. No. 23033004). However, attorneys can contact Chapter Local ICE Liaisons as they may have this information provided to them via local liaison engagement.
- DHS/ICE/OPLA Chief Counsel Contact Information [last updated in 2024, this list no longer appears on ICE.gov as of 1/27/25]
- Contact Information for Local OPLA Offices [last updated in 2024, this information no longer appears on ICE.gov as of 1/27/25]
- ERO Field Offices Contact Information*
- OPE Community Relations Officers
- ICE Check-In Scheduling Website
- ICE Online Change of Address Website
Latest on Enforcement Priorities & Prosecutorial Discretion
Executive Order 14159 (90 FR 8443, 1/29/25) directs DHS to set priorities that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal, enforcement of the INA and other Federal laws related to the illegal entry and unlawful presence of [noncitizens] in the United States and the enforcement of the purposes of this order. Given the January 25, 2025, confirmation of DHS Secretary Kristi Noem, a memorandum detailing enforcement priorities may be issued in the coming weeks.
An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to targeted noncitizens and includes:
- National security or public safety threats;
- Those with criminal convictions;
- Gang members;
- Those who have been ordered removed from the United States but have failed to depart; and/or
- Those who have re-entered the country illegally after being removed.
Procedures and email inboxes created under the Biden Administration to request Prosecutorial Discretion no longer appear on the ICE website. AILA members are encouraged to review current DOJ regulations entitled “Efficient Case and Docket Management in Immigration Proceedings” for alternative basis for seeking termination or administrative closure.
Access to Counsel
- ERO eFile:
- An online system developed to electronically file G-28s with ERO. Attorneys and accredited representatives may register for ERO eFile accounts and may also sponsor law students and law graduates who work under their supervision. See AILA’s practice alert (AILA Doc. No. 24051506) for more information.
- ICE Attorney Information and Resources Page
- AILA Practice Alert: Updates to the ICE Attorney Information and Resource Page
Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients
- Online Intake Form for the Detention Ombudsman (myOIDO)
- Available for complaints for issues in ICE and CBP Custody nationwide, including to submit complaints about access to counsel problems on behalf of currently or previously detained clients.
- Online Complaint Form for DHS Office for Civil Rights and Civil Liberties (CRCL)
- Oversight of Immigration Detention: An Overview - May 16, 2022
(provides a list of agencies with which attorneys may file administrative complaints of detention center violations) - Immigration Judge Complaint Toolkit – August 31, 2022
- Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access – July 16, 2021
Selected ICE Policies and Current Status
For comprehensive comparison of current and prior ICE policies, please review the “Immigration Policy Tracker (IPTP).” The IPTP is a project of Professor Lucas Guttentag working with teams of Stanford and Yale law students and leading national immigration experts.
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Browse the Featured Issue: Representing Clients Before ICE collection
CA3 Holds That INA §237(a)(2)(B) Provides No Pardon Waiver for a Controlled Substance Offense
Denying the petition for review, the court held that INA §237(a)(2)(B), which provides for removal of a noncitizen convicted of a violation of any law or regulation of a state relating to a controlled substance, contains no pardon waiver. (Aristy-Rosa v. Att’y Gen., 3/16/21)
AILA and Partners Send Letter to AG Garland Urging Reform of America's Immigration Enforcement and Judicial Systems
On March 16, 2021, AILA and coalition partners sent a letter to Attorney General Merrick Garland requesting action on various priorities, including the reprioritization of 700,000 cases in the immigration court backlog.
CA9 Holds That Petitioner Failed to Show Changed Country Conditions in Mexico Since His 2003 Removal Order
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen after determining that the petitioner had failed to present evidence demonstrating that country conditions in Mexico had changed since his 2003 removal order. (Rodriguez v. Garland, 3/15/21)
CA9 Remands CAT Claim of Honduran Petitioner Based on Evidentiary Issue Related to DOS Country Report
The court remanded petitioner’s Convention Against Torture (CAT) claim to the BIA for reconsideration in light of the fact that the IJ took judicial notice of, and relied upon, DOS’s Country Report, yet the BIA’s decision did not take it into account. (Aguilar-Osorio v. Garland, 3/15/21)
CA1 Remands Asylum Claim of Cuban Petitioner Who Claimed He Was Targeted for His Anti-Castro Political Beliefs
The court vacated and remanded the BIA’s decision affirming the IJ’s adverse credibility determination, finding that alleged discrepancies between the petitioner’s interview account and his hearing account failed to support the adverse credibility finding. (Cuesta-Rojas v. Garland, 3/15/21)
TRAC Reports Rise in Border Book-Ins Even as Immigration Detention Numbers Fall
TRAC reports that at the end of President Biden’s first month in office, the number of individuals arrested and detained by ICE fell sharply compared to the month before. In contrast, the number of individuals turned over to ICE for detention from arrests by the Border Patrol and at POEs went up.
BIA Invites Amicus Briefs on Divisibility of Iowa's Theft Statute
The BIA invites amicus briefs on the question of whether Iowa’s theft statute, which is codified at Iowa Code §714.1, is divisible as to thefts by takings and thefts by fraud. The deadline to file a Request to Appear and brief is April 14, 2021; briefs must be limited to 30 double-spaced pages.
Overview of EOIR Discipline and Performance Protocols
An overview of EOIR discipline and performance protocols, including a description of the current complaint process, a discipline article of NAIJ, sample performance appraisal plan, and collective bargaining agreement.
CA6 Says BIA Did Not Abuse Its Discretion in Denying Motion to Reopen Where NTA Was Not in Petitioner’s Native Language
Where the Guatemalan petitioner’s Notice to Appear (NTA) was delivered in English, the court rejected her argument that the NTA violated her due process rights because it did not detail in her native language the consequences of failing to attend her proceeding. (Lopez v. Garland, 3/12/21)
CA8 Concludes That Petitioner’s Conviction for Second-Degree Felony Assault in Minnesota Was a Particularly Serious Crime
The court held that the BIA did not err in determining that the petitioner’s conviction for second-degree felony assault in Minnesota was a particularly serious crime barring statutory withholding of removal and Convention Against Torture (CAT) relief. (Jama v. Wilkinson, 3/11/21)
CA9 Finds Proposed Social Group of “Salvadoran Women Who Refuse to Be Girlfriends of MS Gang Members” Is Not Cognizable
The court held that substantial evidence supported the BIA’s determination that the Salvadoran petitioner had failed to establish past harm rising to the level of persecution, and concluded that her proposed social groups were not cognizable. (Villegas Sanchez v. Garland, 3/11/21)
AILA Submits Amicus Brief Arguing That a NY Conviction for Cocaine Is Not a Controlled Substance Offense
AILA submitted an amicus brief to the Second Circuit arguing that a NY conviction for cocaine is not a controlled substance offense because the definition of cocaine in NY is overbroad and indivisible and no additional showing of realistic probability is required where statutory mismatch is clear.
CA1 Finds BIA Erred in Failing to Assess Whether Conditions for Members of Democratic Party in Albania Have Deteriorated Since 2006
Where the petitioner cited two post-2006 events as evidence of changed country conditions, the court held that the BIA’s failure to assess whether those changes were sufficient was arbitrary and capricious, and reversed the BIA’s denial of his motion to reopen. (Lucaj v. Wilkinson, 3/10/21)
CBP Issues Statement on Death in Custody at Eagle Pass, Texas
CBP issued a statement regarding the death of an adult male in CBP custody in Eagle Pass, Texas, on March 10, 2021. Agents called for medical services after the individual began exhibiting signs of medical distress. He passed away shortly after.
EOIR to Open Houston – Greenspoint Park Immigration Court
EOIR announced it will expand its presence in Houston on March 15, 2021, by adding a new immigration court on Greenspoint Park Drive. Notice contains the court’s address, hours or operation, and telephone number.
District Court Preliminarily Enjoins EOIR Rule on Appellate Procedures and Decisional Finality in Immigration Proceedings
A district court granted a motion for preliminary injunction and enjoined nationwide implementation of EOIR’s 12/16/20 final rule that made drastic changes to the procedures and regulations governing immigration courts. (Centro Legal De La Raza, et al., v. EOIR, et al., 3/10/21)
CA8 Says Petitioner Seeking Cancellation Was Required Only to Show That State Offense Was Broader Than Generic Federal Offense
The court held that the categorical approach does not require a petitioner seeking cancellation of removal to show that there is a realistic probability the state prosecutes people for the conduct that makes the state offense broader than the federal offense. (Gonzalez v. Wilkinson, 3/9/21)
CA10 Finds That Matter of G-G-S- Was Not Arbitrary or Capricious and Is Entitled to Chevron Deference
The court held that Matter of G-G-S- was not arbitrary or capricious, and that BIA applied the correct legal standard in determining that petitioner’s convictions were for particularly serious crimes rendering him ineligible for withholding of removal. (Birhanu v. Wilkinson, 3/9/21)
BIA Rules Conspiracy to Commit Visa Fraud in Violation of 18 USC §§371 and 1546(a) Is a CIMT
The BIA ruled that a conviction for conspiracy to commit visa fraud in violation of 18 USC §§371 and 1546(a) is a conviction for a crime involving moral turpitude under the modified categorical approach. Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)
Practice Alert: ICE Interim Guidance on Civil Immigration Enforcement and Removal Priorities
AILA provides a practice alert with a summary of the February 18, 2021, memo from ICE Acting Director Tae Johnson titled, Interim Guidance: Civil Immigration Enforcement and Removal Priorities.
February 2021: Out of Order and Out of Control - IJ Complaints, Disciplinary Procedures, Ethics, and EOIR Reform
Supplemental materials from the February 2021 FCLS Quarterly Section Call – includes case citations and other relevant documents.
ICE Announces Creation of ICE Case Review Process
ICE announced the creation of the ICE Case Review process for individuals who believe their case does not align with ICE's enforcement, detention, and removal priorities. For more information, check out the ICE website.
AILA Tracks EOIR’s Historical Operational Status During Coronavirus Pandemic
This page tracks historical updates related to EOIR’s operational status during the coronavirus pandemic. Please note that this page is not updated in real time.
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-26A
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26A, Fee Waiver Request. Comments are due 5/3/21. (86 FR 12713, 3/4/21)
CA4 Finds BIA Improperly Discounted Honduran Petitioner’s Corroborating Evidence in Support of Asylum Claim
Where petitioner asserted that she and her husband had been subjected to death threats by a gang in Honduras, the court held that the BIA had improperly discounted her corroborating evidence, including affidavits, burial permits, and other documentation. (Arita-Deras v. Wilkinson, 3/4/21)