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
EOIR Issues Memo Cancelling Certain Operating Policies and Procedures Memoranda
EOIR issued a memo (PM 21-12) rescinding and cancelling Operating Policies and Procedures Memoranda (OPPM) 90-09 and 91-1 concerning El Salvadoran and Guatemalan cases subject to temporary protected status and settlement in American Baptist Churches v. Thornburgh and ABC v. Thornburgh.
USCIS Withdrawal of Request for Comments on Proposed Revisions to Form I-821D
USCIS notice withdrawing a previous notice published at 85 FR 72682 on 11/13/20, which requested comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. (85 FR 86946, 12/31/20)
ICE Provides Guidance on Unmonitored Phone Calls and Video Teleconference Meetings at Irwin County Detention Center
ICE provided a legal notice on SPLC v. DHS, et al. regarding unmonitored phone calls and video teleconference meetings at Irwin County Detention Center. Notice also includes information on unmonitored legal phone calls and faxing legal documents.
ICE Provides Guidance on Unmonitored Phone Calls and Video Teleconference Meetings at Stewart Detention Center
ICE provided a legal notice on SPLC v. DHS, et al. regarding unmonitored phone calls and video teleconference meetings at Stewart Detention Center. Notice also includes information on unmonitored legal phone calls and faxing legal documents.
EOIR Released Statistics on Pending Cases
EOIR released statistics on pending cases, initial receipts, and total completions from FY2008 through the first quarter of FY2021. As of the end of the first quarter of FY2021, EOIR had 1,277,152 pending cases in the queue, and had completed 20,739 cases.
President Trump Issues Memorandum Extending Memorandum on Visa Sanctions
President Trump issued a memorandum extending his 4/10/20 memorandum imposing visa sanctions on any country that denies or delays the acceptance of its citizens after being asked to accept them during the COVID-19 pandemic. The memorandum will continue in force until terminated by the President.
CA9 Holds That Petitioner Who Adjusted to Permanent Resident Under SAW May Be Removed at Present Time
The court held that, under the Special Agricultural Worker program (SAW), a noncitizen who was inadmissible at the time of his adjustment to temporary resident status may be removed after his automatic adjustment to permanent resident status. (Hernandez Flores v. Rosen, 12/30/20)
CA11 Says Substantial Evidence Supported BIA’s Finding That Petitioner Committed Fraud with Loss Amount over $10,000
The court upheld the BIA’s finding that petitioner’s Florida convictions for money laundering and workers’ compensation fraud were aggravated felonies because each conviction involved fraud in which the amount of loss to the victim exceeded $10,000. (Garcia-Simisterra v. Att’y Gen., 12/30/20)
CA9 Affirms District Court’s Denial of Government’s Motion to Terminate Flores Settlement Agreement
The court held that the district court had correctly concluded that the Flores Settlement Agreement was not terminated by new regulations adopted by HHS and DHS in 2019, and that the government did not show that changed circumstances justified termination. (Flores v. Rosen, 12/29/20)
Practice Alert: EOIR Updates Practice Manual; Changes Filing Deadlines for Non-Detained Cases
On December 23, 2020, the OCIJ updated its Immigration Court Practice Manual. Among other changes, the OCIJ changed the filing deadlines for non-detained cases from 15 days to 30 days prior to the hearing.
CA5 Dismisses for Mootness After Finding Inadmissibility Was Not a Collateral Consequence of BIA’s Withholding-Only Decision
The court held that even if the BIA had erred in denying withholding of removal to the petitioner, inadmissibility was not a collateral consequence of the BIA’s decision, because the petitioner would still be subject to his February 2012 removal order. (Mendoza-Flores v. Rosen, 12/29/20)
AILA and the Council Submit Comments on EOIR’s Proposed Rulemaking on Motions to Reopen and Reconsider
AILA and the Council submitted comments urging EOIR to rescind its proposed rule on motions to reopen and motions to reconsider, and to reopen the comment period for an additional 30 days, arguing that it would create far-reaching changes to the long-standing procedures governing motions practice.
EOIR Releases Factsheet on "Myths vs. Facts About Immigration Proceedings"
EOIR released an updated factsheet on "Myths vs. Facts About Immigration Proceedings."
Practice Pointer: How to File FOIA Requests with EOIR
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR).
DOJ’s Immigration Court Practice Manual (Updated on 12/23/20)
On December 23, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
Practice Pointer: How to File FOIA Requests with ICE
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with DHS Immigration and Customs Enforcement (ICE).
Practice Alert: Recent Final Rules Affecting Asylum, Withholding of Removal and Credible Fear/Reasonable Fear Determinations, and the Third Country Tr
This Practice Alert highlights three recently published final rules that will take effect in January 2021 and have a profound impact upon applicants for asylum, withholding of removal, and CAT protection.
USCIS and EOIR Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
DHS and DOJ issued a joint final rule based on a 7/9/20 NPRM clarifying that the danger to the security of the U.S. statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. Effective date delayed to 12/31/24. (85 FR 84160, 12/23/20)
ICE Releases FY2020 Annual Report
ICE released its FY2020 annual report. In FY2020, ICE ERO conducted 103,603 arrests, just under 30 percent fewer than in FY2019. ICE ERO also conducted 185,884 removals in FY2020. The report also includes FY2020 data from ICE HSI and other ICE operations.
AILA and Mid-Minnesota Legal Aid Submit Amicus Brief on Burden of Proof in Habeas-Ordered Custody Hearings
AILA and Mid-Minnesota Legal Aid submitted an amicus brief in the U.S. District Court for the District of Minnesota supporting the petitioner’s argument that the government must bear the burden of proof by clear and convincing evidence in habeas-ordered custody hearings.
CA1 Upholds Withholding of Removal Denial to Honduran Petitioner Who Claimed He Was Persecuted by Local Police
The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner where he had failed to establish a nexus between his treatment by the police and his membership in the particular social group of his immediate family. (Ruiz-Varela v. Barr, 12/23/20)
CA8 Upholds Denial of Petitioner’s Motion to Reopen Removal Proceedings Based on Changed Country Conditions in Somalia
The court upheld the BIA’s denial of petitioner’s motion to reopen based on changed country conditions in Somalia, finding that the BIA did not fail to consider al-Shabaab’s increase in power or ISIS-Somalia’s emergence and growing violence from 2011 to 2018. (Mohamed v. Barr, 12/23/20)
BIA Holds Oregon Conviction for Child Neglect Is a Crime of Child Abuse Under INA §237(a)(2)(E)(i)
The BIA ruled that a conviction for child neglect in the second degree under §163.545(1) of the Oregon Revised Statutes is categorically a "crime of child abuse, child neglect, or child abandonment" under INA §237(a)(2)(E)(i). Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020)
Practice Alert: Select Immigration Courts Have Resumed Some Master Calendar Hearings
As previously announced, certain immigration courts have resumed non-detained hearings. This practice alert identifies which of these reopened courts have resumed master calendar hearings in some capacity.
EOIR Releases Memo Cancelling Certain Operating Policies and Procedures Memoranda
EOIR issued a policy memo (PM 21-11) rescinding and cancelling the following Operating Policies and Procedures Memoranda: OPPM 97-9, OPPM 00-02, OPPM 01-03, OPPM 04-09, and OPPM 06-03.