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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA9 Holds That “Minor Christian Males Who Oppose Gang Membership” Is Not a Particular Social Group
Upholding the BIA’s denial of asylum and related relief, the court found that the petitioner’s proposed particular social group (PSG) comprised of “minor Christian males who oppose gang membership” was not a cognizable PSG. (Santos-Ponce v. Wilkinson, 2/10/21)
CA9 Says “Mexican Wealthy Business Owner” Is Not a Particular Social Group
Denying in part the petition for review, the court held that petitioner’s proposed particular social group (PSG) of “Mexican wealthy business owners” was not cognizable because it lacked social distinction, particularity, or an immutable characteristic. (Macedo Templos v. Wilkinson, 2/9/21)
CA1 Upholds Adverse Credibility Determination as to Ecuadorian Asylum Seeker Based on Inconsistencies in the Record
The court held that substantial evidence supported the BIA’s decision affirming the IJ’s adverse credibility determination, reasoning that discrepancies in the record warranted a finding that petitioner had testified untruthfully about his asylum claim. (Zaruma-Guaman v. Wilkinson, 2/9/21)
Practice Pointer: FAQs on DHS’s Withdrawal of the NTA Policy and How It Affects U and T Visa Applicants and VAWA Self-Petitioners
On 1/20/21, DHS withdrew USCIS’s 6/28/18 policy memo that outlined its NTA policy. AILA's VAWA, Us, and Ts Committee issued a practice pointer containing frequently asked questions concerning the impact of the withdrawal of the NTA policy on U and T visa applicants and VAWA self-petitioners.
Practice Alert: Client Signatures Not Required on Form G-28 for Individuals in Detention
ICE Enforcement and Removal Operations has temporarily relaxed the requirement for a physical signature on Form G-28 from represented individuals in immigration detention.
Practice Alert: BIA Decision in Matter of H-L-S-A Narrows Protection for Government Witnesses
AILA provides a practice alert on formulating particular social groups for government witnesses after Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021), which limits protection to individuals who publicly testify against criminal groups. Special thanks to the AILA Asylum and Refugee Committee.
CA4 Overturns BIA’s Denial of Asylum Where Petitioner Showed She Was Persecuted on Account of Her Nuclear Family
The court rejected the BIA’s “excessively narrow” view of the nexus requirement, concluding that the record indisputably showed that the petitioner had satisfied her burden to establish that her familial ties were one central reason for her persecution. (Diaz de Gomez v. Wilkinson, 2/8/21)
EOIR 30-Day Extension of Comment Period on New FOIAXpress Public Access Link
EOIR 30-day extension of a comment period previously announced at 85 FR 73513 on a new “FOIAXpress Public Access Link” for members of the public seeking to obtain records from EOIR. Comments are now due 3/8/21. (86 FR 8381, 2/5/21)
Practice Alert: State of Play Following Presidential Executive Order on Comprehensive Regional Framework and Asylum
This practice alert provides an overview of the 2/2/21 EO on “Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border.”
AILA and Partners Submit Amicus Brief on the Retroactive Application of California Misdemeanor Law in Removal Proceedings
AILA and partners submitted an amicus brief in the Ninth Circuit arguing that the court’s panel decision in Velasquez-Rios v. Barr is inconsistent with federalism jurisprudence and eliminates immigration relief for classes of noncitizens convicted of single misdemeanors in California.
AILA Welcomes Bipartisan Dream Act of 2021; Calls on Congress to Take Action on This and Other Necessary Immigration Legislation
AILA welcomed the introduction of the bipartisan Dream Act of 2021, calling on Congress “to pass this bill as a step forward toward legalization of the undocumented, and the many other necessary changes to our immigration laws our country requires.”
CA9 Says Noncitizen Has Not Reentered Illegally Under INA §241(a)(5) Based Solely on Inadmissibility at Time of Reentry
Granting the petition for review, the court held that the act of reentering illegally under INA §241(a)(5) requires some form of misconduct by the noncitizen—such as entering without inspection—rather than merely the status of inadmissibility. (Tomczyk v. Wilkinson, 2/3/21)
CA5 Says It Lacks Jurisdiction to Review IJ’s and BIA’s Findings That Conspiracy to Commit Wire Fraud Was a “Particularly Serious Crime”
The court held that it lacked jurisdiction to review petitioner’s argument that the IJ and BIA erred in finding his conspiracy to commit wire fraud offense was a “particularly serious crime” rendering him statutorily ineligible for withholding of removal. (Tibakweitira v. Wilkinson, 2/1/21)
CA7 Finds IJ and BIA Mischaracterized Evidence Pertaining to Asserted Hardship Where Petitioner Sought Cancellation of Removal
The court held that the BIA and the IJ failed to consider evidence that the petitioner’s removal would result in exceptional and extremely unusual hardship to his daughter, given that her hardship—a speech impairment—is aggravated by her emotional turmoil. (Martinez-Baez v. Wilkinson, 2/1/21)
AILA and Partners Send Letter to President Biden on DOJ Reform of Immigration Courts and Enforcement Priorities
On February 1, 2021, AILA, along with 164 immigration, civil rights, and human rights organizations, sent a letter to President Biden urging reforms to ensure that the Department of Justice (DOJ) establishes fairness and integrity in the immigration courts and the immigration enforcement system.
Practice Alert: ICE Interim Enforcement Priorities
This alert provides a summary of President Biden’s Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities along with its implementing DHS memo. It also provides practice tips for members to consider based on the new priorities.
Motion for Enlargement of Time to File Reply Brief - First Circuit
Sample motion to extend the briefing deadline for first circuit court of appeals. (Petition for Review; Miscellaneous Motion)
CA9 Says BIA Erred in Finding Petitioner’s Credible Testimony About Attempted Rape Did Not Show Persecution
The court held that petitioner’s credible testimony about her attempted gang rape in India was sufficient to establish past persecution, and that the BIA erred in imposing evidentiary requirements of ongoing injury or treatment beyond the attempted sexual assault. (Kaur v. Wilkinson, 1/29/21)
CA1 Finds BIA Abused Its Discretion in Denying Petitioner’s Motion to Reopen and Remand to IJ
Where petitioner had filed a motion to reopen and remand his case to the IJ in light of his placement by USCIS on the U visa waiting list, the court held that the BIA abused its discretion in denying the motion by failing to follow its own precedents. (Granados Benitez v. Wilkinson, 1/28/21)
BIA Rules Individuals Who Cooperate with Law Enforcement May Constitute a Particular Social Group if Their Cooperation Is Public in Nature
BIA ruled that individuals who cooperate with law enforcement may constitute a particular social group if their cooperation is public and the evidence reflects that the society in question recognizes and provides protection for such cooperation. Matter of H-L-S-A, 28 I&N Dec. 228 (BIA 2021)
U.S. Government Records Reveal Expanded Methods to Rush Deportations at Border
AILA, the Council, HRW, and Winston & Strawn LLP obtained documents about the Migrant Protection Protocols which reveal U.S. immigration agencies' efforts in 2019 to rapidly deport thousands of people from the United States through the little-known Electronic Nationality Verification (ENV) program.
CA5 Finds Petitioner’s Conviction for Use of Unauthorized Social Security Number Was a CIMT
The court held that the petitioner’s conviction for the use of an unauthorized social security number in violation of 42 USC §408(a)(7)(B) was a crime involving moral turpitude (CIMT), such that the petitioner was ineligible for cancellation of removal. (Munoz-Rivera v. Wilkinson, 1/27/21)
GAO Says ICE Can Further Enhance Its Planning and Oversight of 287(g) Agreements
GAO reviewed ICE’s management and oversight of the 287(g) program and found that while ICE has expanded the program, it has not established performance goals to cover all program activities, including oversight of law enforcement agency partners or measures to assess the program’s performance.
Respondent’s Request for Extension of Briefing Period - BIA
Sample motion for a respondent’s request for extension of the briefing deadline for the Board of Immigration Appeals (BIA).
CRS Releases Legal Sidebar on Whether Mandatory Detention of Unlawful Entrants Seeking Asylum Is Constitutional
CRS updated its legal sidebar addressing the constitutionality of mandatory detention for certain asylum seekers after the Supreme Court’s decision to vacate the Ninth Circuit’s decision in Padilla v. ICE and to remand for further consideration in light of DHS v. Thuraissigiam.