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
TRAC Releases Report on the State of the Immigration Courts
TRAC released a report on the immigration court backlog, which rose to 1.3 million during the Trump administration. The report includes information on length of wait times, backlogs and wait times across the country, grounds alleged by government, backlogs and wait times by nationality, and more.
Pro Bono Matters for Children Facing Deportation
The ABA’s Children’s Immigration Law Academy recently launched Pro Bono Matters for Children Facing Deportation in collaboration with nonprofit legal service providers. Attorneys interested in assisting youth facing deportation may find pro bono opportunities on this searchable platform.
District Court Halts Most of EOIR Filing Fee Rule from Going into Effect
A district court judge issued a nationwide stay of the effective date of the 12/18/20 EOIR final fee review rule and a preliminary injunction to enjoin most of its implementation. The rule was set to go into effect on 1/19/21. (CLINIC, et al., v. EOIR, et al., 1/18/21)
Policy Brief: The Biden Administration and Congress Must Guarantee Legal Representation for People Facing Removal
AILA and the Council issued a policy brief calling upon the Biden administration to expand federally-funded legal representation programs for people facing removal, arguing that legal representation ensures due process and efficiency, reduces the detention of immigrants, and reduces court backlog.
Acting Attorney General Issues New Decision in Matter of A-B-
The Acting Attorney General provided additional guidance on asylum cases involving applicants who claim persecution by non-government actors and membership in a PSG and remanded to the Board to issue a new opinion consistent with this opinion. Matter of A-B- 28 I&N Dec. 199 (A.G. 2021)
CA7 Remands Petitioner’s Request for Administrative Closure After Finding BIA Did Not Exercise Its Discretion According to Law
The court held that the petitioner was entitled to have his request for administrative closure considered as a proper exercise of discretion under law, including BIA precedents and the factors set forth in Matter of Avetisyan and Matter of W-Y-U. (Zelaya Diaz v. Rosen, 1/15/21)
CA7 Finds BIA Did Not Err in Denying Asylum to Mexican Petitioner Whose Family Was Targeted by Sinaloa Cartel
The court held that substantial evidence supported the BIA’s determination that the petitioner had failed to establish the requisite nexus between his fear of persecution from the Sinaloa Cartel upon return to Mexico and his family membership. (Meraz-Saucedo v. Rosen, 1/15/21)
CA8 Affirms BIA’s Denial of Deferral of Removal to Somali Petitioner Who Feared Torture by Al-Shabaab for Minority-Clan Membership
The court affirmed the BIA’s decision denying petitioner’s request for deferral of removal to Somalia, finding that substantial evidence supported the IJ’s and BIA’s conclusions that he was unlikely to be tortured by Al-Shabaab due to his minority-clan membership. (Hassan v. Rosen, 1/15/21)
CA9 Reverses and Remands Habeas Petition Denial Where Petitioner Claimed His ICE Arrest Was Retaliation for Protected Speech
Where the petitioner had filed a petition for a writ of habeas corpus under 8 USC §2241 arguing that his immigration arrest and re-detention was retaliation for his protected speech, the court reversed the district court’s denial of the petition and remanded. (Bello-Reyes v. Gaynor, 1/14/21)
USCIS Issues Policy Guidance on Applications for Discretionary Employment Authorization Involving Certain Adjustment Applications or Deferred Action
USCIS issued policy guidance in the USCIS Policy Manual on applications for employment authorization filed by individuals with pending INA §245 adjustment applications or who have been granted deferred action, including how officers should apply discretion in the adjudication of these applications.
GAO Releases Report on ICE Detention Facility Contracts
GAO released a report on ICE detention facility contracts, finding that ICE did not follow its process for obtaining new detention space and does not have a strategic approach to using guaranteed minimum payments. GAO found that ICE has spent millions of dollars a month on unused detention space.
EOIR Issues Policy Memo on Rulemakings and Federal Court Orders
EOIR issued a policy memo (PM 21-14) noting that there is no conflict between any rules issued by EOIR in 2020 and any applicable federal court order. Nevertheless, if adjudicators perceive a conflict, they should adhere to the terms of the federal court order.
CA6 Says BIA Abused Its Discretion by Finding That No Exceptional Circumstances Justified Minor Petitioner’s Failure to Appear
The court held that, based on the totality of the circumstances, including petitioner’s young age and her inability to travel from New York to Memphis for the hearing, the petitioner had established exceptional circumstances justifying her failure to appear. (E. A. C. A. v. Rosen, 1/12/21)
CA1 Remands Asylum and Withholding Claims of Iraqi National Who Worked for U.S. Army During War
The court vacated and remanded the BIA’s denial of the asylum and withholding of removal claims of the petitioner, who feared that he would be subjected to harm on account of his work as a paid contractor for the U.S. Army during the war in Iraq. (Al Amiri v. Rosen, 1/11/21)
CA9 Upholds Denial of Asylum to Pakistani National Who Claimed He Feared Persecution from Taliban
The court held that the IJ had provided the pro se petitioner with a full opportunity to present testimony, and found the BIA did not err in concluding that petitioner’s description of generalized violence failed to meet his burden to show targeted persecution. (Hussain v. Rosen, 1/11/21)
Supreme Court Vacates Decision of Ninth Circuit in ICE v. Padilla
The U.S. Supreme Court granted the petition for a writ of certiorari, vacated the judgment of the Ninth Circuit, and remanded for further consideration in light of DHS v. Thuraissigiam. (ICE, et al. v. Padilla, et al., 1/11/21)
Organizations File Lawsuit Challenging New Rule on EOIR’s Appellate Procedures and Administrative Closure
A group of legal services organizations filed a lawsuit in federal district court in D.C. alleging that EOIR’s 12/16/20 final rule entitled “Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure” is unlawful. (CLINIC, et al. v. EOIR, et al., 1/11/21)
Minor Correction to DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ issued a minor correction to the final rule published at 85 FR 80274 on 12/11/20, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (86 FR 1737, 1/11/21)
BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents
The BIA found that IJs may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud, and the party submitting the document is given an opportunity to explain the defects. Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021)
EOIR Issues Policy Memo on Continuances
EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01 to account for legal and policy developments. The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests. This memo was rescinded on 4/18/22.
Board of Immigration Appeals Practice Manual (1/8/21)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on January 8, 2021). This manual describes procedures, requirements, and recommendations for practice before the BIA.
Announcements of ICE Enforcement Actions
ICE ERO Houston announced that nine individuals were arrested between November 1, 2020, and December 31, 2020, in the greater Houston area as part of a recent enforcement action targeting individuals who had unlawfully reentered the U.S. after having previously been removed.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/21 and ending 3/31/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.09 per centum per annum. (86 FR 1130, 1/7/21)
CA6 Says It Has Jurisdiction to Review BIA’s Ultimate Hardship Conclusion for Cancellation of Removal After Guerrero-Lasprilla
The court held that the BIA’s ultimate hardship conclusion is the type of mixed question over which it has jurisdiction to review after the Supreme Court’s decision in Guerrero-Lasprilla v. Barr, but found that petitioner failed to show the requisite hardship. (Singh v. Rosen, 1/7/21)
Policy Brief: Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic
AILA and the Council released a policy brief on the increase in indefinite ICE detention during the pandemic. The brief outlines how ICE has failed to comply with limitations on its authority to indefinitely detain people, thus violating due process and endangering public and detainee health.