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
DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ final rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the CAT. The final rule adopts the notice of proposed rulemaking published on 6/15/20 with few substantive changes. (85 FR 80274, 12/11/20)
Key Takeaways from AILA’s DOS Liaison Committee Meeting with the Department of State (12/11/20)
The DOS Liaison Committee provides key takeaways from the 12/11/20 liaison meeting with the Department of State. The information provided should be read in conjunction with the detailed, official responses provided by DOS.
Why I Do Federal Court Immigration Litigation: A Short Elegy
AILA member Brad Banias reflects on why he began focusing on federal court litigation and the case that started him down that path, highlighting the tremendous impact of Judge G. Ross Anderson who recently passed away
Plaintiff Files Lawsuit and Habeas Petition Against CBP Alleging That Purported Expedited Removal Order Was Invalid
The plaintiff filed a habeas petition and complaint in federal district court alleging that an unappointed CBP employee exercising unreviewable, unilateral discretion to revoke his visa and issue him a final removal order violated the Appointments Clause. (I.M. v. CBP, et al., 12/11/20)
South Florida Miami Immigration Court Legal Admin. Specialist/Legal Assistant Assignments
Miami Immigration Court Legal Admin. Specialist /Legal Assistant Assignments and contact information effective as of 12/10/2020.
New Rule Spells Death for the Asylum System - AILA and the Council Urge the Biden Administration to Prioritize Its Undoing
AILA and American Immigration Council leadership respond to the latest asylum regulation that would make it nearly impossible for most applicants to successfully claim humanitarian protection in the United States.
EOIR Issues Memo on Pro Bono Legal Services
EOIR issued a memo (PM 21-08) consolidating and updating EOIR policies related to pro bono legal services. This memo replaces OPPM 97-1, Maintaining the List of Free Legal Service Providers, and OPPM 08-01, Guidelines for Facilitating Pro Bono Legal Services.
EOIR Issues Memo Setting Forth Updated Adjournment, Call-Up, and Case Identification Codes
EOIR issued a policy memo (PM 21-07) rescinding PM 20-08, Definitions and Use of Adjournment, Call-Up, and Case Identification Codes, dated February 13, 2020, and setting forth updated codes used to track the case hearing process.
USCIS Provides Update on DACA Following Court Order Reinstating the Program
USCIS announced that in response to the 12/4/20 court order, effective 12/7/20, it will accept first-time requests for consideration of deferred action under DACA, accept renewal requests, accept applications for advance parole documents, and extend grants of deferred action and EADs to two years.
CA9 Holds It Lacks Jurisdiction to Review IJs’ Denials of Petitioners’ Motions to Reopen Credible Fear Proceedings
The court dismissed the petitions for review of the IJ’s decisions denying the petitioners’ motions to reopen their credible fear determinations on the basis that IJs lack jurisdiction to reopen credible fear proceedings under 8 CFR §1208.30(g)(2)(iv)(A). (Singh v. Barr, 12/9/20)
Continued Impact: Search for Separated Families and Availability of Mental Health Services
An NGO-led steering committee is searching for separated families and urge attorneys and families to call a dedicated 1-800 number to confirm their reunification status. The committee may also be able to connect separated families with other services including free mental health services.
CA10 Upholds CAT Denial as to Nigerian Petitioner Who Alleged He Was Attacked for His Homosexuality
The court upheld the denial of Convention Against Torture (CAT) relief as to petitioner, who alleged he had been attacked in Nigeria in 2006 because of his homosexuality, finding that the BIA’s adverse credibility determination was supported by substantial evidence. (Igiebor v. Barr, 12/7/20)
DOJ’s Immigration Court Practice Manual (Updated on 12/7/20)
On December 7, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
AILA and Partners Submit Amicus Brief on the Meaning of “Obstruction of Justice”
AILA submitted an amicus brief in Silva v. Barr urging the court to reject BIA’s definition of “obstruction of justice” and to find that plain meaning of the obstruction of justice aggravated felony provision requires interference in an ongoing judicial proceeding or grand jury investigation.
EOIR Notice of Proposed Rulemaking on Electronic Filing and Law Student Filing
EOIR notice of proposed rulemaking which would implement electronic filing and records applications for all cases before the immigration courts and the BIA. The proposed rule would also make changes to the regulations regarding law student filing and accompaniment procedures. (85 FR 78240, 12/4/20)
BIA Rules on Ineffective Assistance of Counsel
BIA ruled that counsel accepting responsibility of error does not discharge the disciplinary authority complaint obligation, and respondents seeking reopening based on ineffective counsel must show probability they would’ve prevailed otherwise. Matter of Melgar, 28 I&N Dec. 169 (BIA 2020)
District Court Orders DHS to Fully Restore DACA Program
District court orders DHS to accept first-time requests for DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to 9/5/17 and that one-year deferred action and EADs must be extended to two years. (Batalla Vidal, et al., v. Wolf, et al., 12/4/20)
EOIR Issues Memo Consolidating and Updating Policy Regarding the Processing of Asylum Applications
EOIR issued a policy memo (PM 21-06) consolidating and replacing OPPM 00-01 and OPPM 13-02. The memo concerns the processing of affirmative and defensive asylum applications, the asylum and EAD clocks, docketing and scheduling, BIA appeals, and more. This memo was rescinded 4/18/22.
CBP Says Program to Collect DNA Samples from Certain Individuals in Custody Will Reach Full Operation by End of 2020
CBP announced that the pilot programs it began in January 2020 to assess collection of DNA samples from certain individuals in CBP custody have provided the information it needs to implement nationwide collection. Per CBP, the collection program will reach full operation by December 31, 2020.
Practice Alert: New Scheduling Orders in Removal Proceedings
AILA has received numerous reports that members across the country have received “scheduling orders” from various immigration courts, setting short deadlines for the filing of written pleadings and applications for relief.
Template Letter to Members of Congress to Request Oversight of ICE Detention Centers
AILA Chapter Leaders are encouraged to personalize this template and email members of Congress to ask them to conduct oversight of ICE detention centers in their jurisdiction.
ICYMI: EOIR Issues Guidance on “Enhanced Case Flow Processing” in Removal Proceedings
EOIR issued guidance on the implementation of an enhanced case flow processing model for non-status, non-detained cases with representation in removal proceedings. Memo is effective 12/1/20.
CA11 Says INA §241(a)(5) Bars Reopening of Reinstated Removal Order Where Noncitizen Unlawfully Reentered After Removal
The court concluded that the plain language of INA §241(a)(5) bars the reopening of a reinstated removal order where a noncitizen has illegally reentered the United States following his or her initial removal, and thus denied the petition for review. (Alfaro-Garcia v. Att’y Gen., 11/30/20)
District Court Rejects Challenge to DHS’s Expedited Removal Pilot Programs
The district court found that DHS’s new detention-placement policy of the Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP) programs did not violate statutory, regulatory, or constitutional requirements. (Las Americas Immigrant Advocacy Center v. Wolf, 11/30/20)
EOIR Notice of Proposed Rulemaking to Define “Good Cause”
EOIR notice of proposed rulemaking (NPRM) to define the term “good cause” in the context of continuances, adjournments, and postponements. Comments are due 12/28/20. (85 FR 75925, 11/27/20)