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
CA1 Upholds Denial of Asylum to Petitioner with Proposed Social Group of “Guatemalan Women”
Rejecting the petitioner’s argument that her asserted persecution was based on membership in a proposed social group consisting of “Guatemalan women,” the court found that the scope of the petitioner’s persecution did not extend beyond a personal vendetta. (Pojoy-De León v. Barr, 12/21/20)
TRAC Finds Jump in Immigration Court Case Completion Times as Delays Lengthen
TRAC found that immigration court closures and delays have drastically reduced the number of completed cases for the first two months of FY2021, during which courts received 29,758 new filings. The active backlog at the end of November 2020 reached 1,281,586, up 18,821 cases in the last two months.
CBP Provides FY2021 Custody and Transfer Statistics
CBP provided custody and transfer statistics from FY2021, including data on in-custody information by location, dispositions for apprehended individuals and those considered inadmissible, and transfer destinations for individuals leaving CBP custody.
CA9 Finds Petitioner’s Proposed Social Group of “Known Drug Users” Lacked Particularity
The court held that the Vietnamese petitioner had waived review of the BIA’s discretionary denial of asylum relief, and that his proposed social group comprised of “known drug users” was not legally cognizable because it lacked particularity. (Nguyen v. Barr, 12/21/20)
AILA and Partners Submit Comments on DHS Proposed Rule to Eliminate Employment Authorization for Individuals with a Final Order of Removal
AILA and partners submitted comments objecting to a DHS proposed rule which would restrict or prohibit work authorization for individuals with final orders of removal, arguing that the proposed rule conflicts with statutory provisions of the INA and disrupts settled practices and expectations.
AILA and the Council Submit Comments on EOIR’s Notice of Proposed Rulemaking to Define “Good Cause”
AILA and the Council submitted comments opposing EOIR’s NPRM to define “good cause” for a continuance, arguing that it strips respondents of right to counsel, removes key procedural protections for immigrants, and removes authority from immigration judges to manage their dockets.
CA3 Holds That Conspiracy to Commit Fraud of Over $10,000 in Intended Losses Is an Aggravated Felony
The court held that a conspiracy or attempt to commit fraud or deceit involving over $10,000 in intended losses is an aggravated felony, and remanded to determine whether petitioner’s convictions under 18 USC §1037(a) reflected over $10,000 in intended losses. (Rad v. Att’y Gen., 12/21/20)
EOIR Issues Memo Updating Policy Regarding Biennial Fee Reviews, Fees, and Fee Waivers
EOIR issued a policy memorandum (PM 21-10) memorializing and updating EOIR policy regarding biennial fee reviews, fees, and fee waivers. This memo supersedes and replaces Operating Policies and Procedures Memoranda (OPPM) 06-01, Fee Waiver Form.
EOIR Announces 14 New Immigration Judges
EOIR announced the investiture of 14 new immigration judges. Notice includes the judges' names, biographical information, and courts of appointment.
TRAC Finds Major Swings in Immigration Criminal Prosecutions During Trump Administration
TRAC found that enforcement policies enacted by the Trump administration along the southern border contributed to notable fluctuations in the number of immigration-related prosecutions in federal courts since January 2017. Prosecutions climbed sharply in early 2018, and then declined in early 2020.
CA1 Upholds Denial of Withholding of Removal to Honduran Landowner Who Was Threatened by Unidentified Man
The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner, finding he had failed to prove a nexus between the alleged persecution and membership in his proposed particular social group of “Honduran landowners.” (Marquez-Paz v. Barr, 12/18/20)
EOIR Final Rule Increasing Fees for Filings
EOIR final rule increasing the filing fees for applications, appeals, and motions that are subject to an EOIR-determined fee. The rule is effective 1/19/21. (85 FR 82750, 12/18/20)
DHS OIG Finds Multiple Violations of ICE Detention Standards at the Imperial Regional Detention Facility in California
DHS OIG inspected the Imperial Regional Detention Facility (IRDF) in Calexico and found violations of ICE detention standards for segregation, facility condition, medical grievances, and detainee communication. Per DHS OIG, these violations threaten the health, safety, and rights of IRDF detainees.
CA11 Says Conviction in Florida for Vehicular Homicide Is Categorically a CIMT
The court held that vehicular homicide in Florida is a crime involving moral turpitude (CIMT), and thus upheld the BIA’s determination that the petitioner was removable for having been convicted of two or more CIMTs pursuant to INA §237(a)(2)(A)(ii). (Smith v. Att’y Gen., 12/18/20)
A “Wish List” on Immigration
The Lady Immigration Lawyers of Minnesota celebrated the season with their own rendition of “All I Want for Christmas is You“ this year and shared some of their wishes in this blog post for Think Immigration.
BIA Rules on Expert Testimony and Factual Findings
The BIA ruled that expert testimony is evidence, but only an immigration judge makes factual findings, and that when a factual finding is inconsistent with an expert’s opinion, judges should explain the reasons behind the factual findings. Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020)
DHS and DOJ Final Rule Barring from Asylum Eligibility Individuals Who Transit Through a Third Country Without Seeking Protection
DHS and DOJ final rule which finalizes, with minor changes, the Interim Final Rule published at 84 FR 33829 on 7/16/19, which barred from asylum eligibility individuals who transit through a third country without seeking protection. The rule is effective 1/19/21. (85 FR 82260, 12/17/20)
CA7 Rejects Petitioner’s Argument That BIA Should Have Found His Statutory Motion to Reconsider to Be Timely
The court found that the petitioner had failed to exhaust his administrative remedies before the BIA for his argument that his 2019 motion to reconsider was timely because it related back to his still-pending 2004 motion to reconsider. (Hernandez-Alvarez v. Barr, 12/16/20)
EOIR Final Rule on Procedures for Asylum and Withholding of Removal
EOIR final rule making changes to the regulations on asylum and withholding of removal. The final rule adopts the notice of proposed rulemaking published at 85 FR 59692 on 9/23/20 with few changes. The rule is effective 1/15/21. (85 FR 81698, 12/16/20)
EOIR Final Rule on Appellate Procedures and Administrative Closure
EOIR final rule amending the regulations on the processing of immigration appeals, as well as amending the regulations regarding administrative closure. The rule is effective 1/15/21. (85 FR 81588, 12/16/20)
CA10 Says BIA’s Finding That Petitioner Could Safely Relocate Within Ghana Was Not Supported by Substantial Evidence
The court held that the government had failed to rebut the presumption that the petitioner, a son of the chief of the Challa tribe who had received death threats from members of the rival Atwode tribe, had a well-founded fear of future persecution in Ghana. (Addo v. Barr, 12/14/20)
AILA and Partners Send Letter Requesting Legislation to Create an Article l Immigration Court
Nearly 120 organizations, including AILA, sent a letter urging Rep. Lofgren (D-CA) to introduce legislation creating an Article l immigration court before the end of the 116th Congress or the beginning of the 117th Congress.
EOIR Issues Memo Providing Guidance on New Regulations Governing Procedures for Asylum, Withholding of Removal, and CAT Protection
EOIR issued a memo (PM 21-09) establishing EOIR policy and procedures regarding new DHS and DOJ regulations, effective January 11, 2021, about credible fear and reasonable fear review screenings and the adjudication of asylum, statutory withholding of removal, and protection under CAT claims.
AILA DOS Liaison Q&As (12/11/20)
Official AILA/DOS liaison Q&As from a 12/11/20 meeting. Topics include: visa fee payments, reason to believe determinations, the visa bulletin, Hong Kong normalization, NIEs under PP 10014, 10052, and the COVID-19 related travel restrictions, resumption of routine visa services, SAOs, and more.
CA11 Finds “Egregious Circumstances” Exception Did Not Apply to Release Petitioner from Her Attorney’s Concession of Removability
The court held that petitioner was bound by her attorney’s concession of removability because it was not obviously incorrect and because it was not a product of her attorney’s unreasonable professional judgment or so unfair that it led to an unjust result. (Dos Santos v. Att’y Gen., 12/11/20)