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
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.
BIA Finds Subsequent NTA Perfects Deficient NTA and Ends Accrual of Physical Presence for Purposes of Voluntary Departure
BIA ruled that if an NTA fails to specify time/place of initial removal hearing, a subsequent NTA with the information perfects the deficient NTA and ends the accrual of physical presence for purposes of voluntary departure. Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021)
President Biden Issues Memorandum on Preserving and Fortifying DACA
On 1/20/21, President Biden issued a memorandum directing the DHS Secretary, in consultation with the Attorney General, to take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA. (86 FR 7053, 1/25/21)
President Biden Issues Executive Order Revising Civil Immigration Enforcement Policies and Priorities
On 1/20/21, President Biden issued an Executive Order revoking EO 13768 of 1/25/17, Enhancing Public Safety in the Interior of the United States, and directing officials to review any agency actions developed pursuant to EO 13768 and to take action as appropriate. (86 FR 7051, 1/25/21)
USCIS and EOIR Delay Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS and EOIR document delaying the effective date of the final rule “Security Bars and Processing” (85 FR 84160, 12/23/20), which was scheduled to become effective on 1/22/21. The effective date is delayed until 3/22/21. (86 FR 6847, 1/25/21)
CA4 Holds That BIA Erred in Finding Petitioner’s “Former Salvadoran MS-13 Members” PSG Lacked Particularity
Granting in part the petition for review, the court found to be unreasonable the BIA’s determination that the petitioner’s proposed particular social group (PSG) of “former Salvadoran MS-13 members” lacked particularity, and thus remanded his withholding claim. (Amaya v. Rosen, 1/25/21)
Practice Alert: Federal Court Grants Partial Injunction of Proposed EOIR Fee Increases
AILA’s EOIR/ICE Liaison Committee provides a Practice Alert on a recent partial injunction that delayed implementation of the more egregious increases in immigration court fees for individuals in removal proceedings. The enjoined fee increases were scheduled to take effect on January 19, 2021.
BIA Rules §58-37-8(2)(a)(i) of the Utah Code Is Divisible with Respect to the Specific Controlled Substance Involved in Statute Violation
The BIA ruled that §58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession or use of a controlled substance, is divisible with respect to the specific “controlled substance” involved in a violation of that statute. Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021)
CA3 Remands Where BIA Failed to Consider Petitioner’s Request for Equitable Tolling on the Merits
Vacating the BIA’s order denying the petitioner’s motion to reopen and remanding, the court held that the BIA erred in failing to consider the petitioner’s request for equitable tolling on the merits, because she had properly raised the issue before the BIA. (Nkomo v. Att’y Gen., 1/21/21)
AILA and Partners Submit Amicus Brief on the Meaning and Application of “Arriving” Language in INA §235(b)(2)(C)
AILA and partners submitted a brief in response to BIA’s amicus invitation on determining an “arriving alien,” arguing that returning noncitizens apprehended 50 miles inside U.S. to Mexico for pending removal proceedings is improper because it runs afoul of the plain language of INA §235(b)(2)(C).
DHS Acting Secretary Issues Memorandum on Immigration Enforcement Policies
Acting DHS Secretary Pekoske issued a memorandum directing DHS components to conduct a review of immigration enforcement policies, and setting interim policies for civil enforcement during that review. Beginning 1/22/21, DHS will pause removals of certain noncitizens ordered deported for 100 days.
The Office of the Immigration Detention Ombudsman Releases 2020 Annual Report
The Office of the Immigration Detention Ombudsman provided its 2020 annual report with information about the office’s mission, detention facilities and standards, detention challenges faced during the year, existing challenges with compliance, site visits and medical findings, and more.
EOIR Releases Policy Memo on Adjudicator Independence and Impartiality
EOIR issued a policy memo (PM 21-15) reiterating and memorializing EOIR’s policy regarding adjudicator independence and impartiality. The memo notes that it remains EOIR policy that adjudicator decisions should be based solely on the record before the adjudicator and the applicable law.