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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
DHS Proposed Rule to Eliminate Employment Authorization for Individuals with a Final Order of Removal
DHS notice of proposed rulemaking to eliminate employment authorization eligibility for individuals who have final orders of removal but are temporarily released from custody on an order of supervision. Comments are due 12/21/20; comments on form revisions are due 1/19/21. (85 FR 74196, 11/19/20)
Big-Picture, Clean-Slate Immigration Reforms for the Biden-Harris Administration
AILA members Angelo A. Paparelli and Stephen Yale-Loehr offer some insights and ideas for the incoming Biden-Harris administration on actions that would make the immigration system more transparent, efficient, and welcoming.
EOIR 60-Day Notice and Request for Comments on New FOIAXpress Public Access Link
EOIR 60-day notice and request for comments on a new “FOIAXpress Public Access Link” for members of the public seeking to obtain records from EOIR. Comments are due 1/19/21. (85 FR 73513, 11/18/20)
CA9 Finds BIA Erred in Giving Reduced Weight to Testimony of Specialist in Gang Activity
The court held that, despite its direction to reconsider the testimony of a specialist in gang activity in Central America and its effect on petitioner’s Convention Against Torture (CAT) claim, the BIA erred on remand by according reduced weight to his testimony. (Castillo v. Barr, 11/18/20)
CA9 Says Showing of Prejudice Is Not Required When Ineffective Assistance Leads to In Absentia Removal Order
Granting the petition for review and remanding, the court held that the BIA erred by treating the petitioners’ failure to show prejudice caused by alleged ineffective assistance of counsel as a basis for denying their motion to reopen removal proceedings. (Sanchez Rosales v. Barr, 11/18/20)
CA1 Upholds Denial of Asylum to Haitian Petitioner Who Provided Unsupported Theory of Attackers’ Motivation
Upholding the BIA’s denial of asylum, the court held that the Haitian petitioner had failed to establish a nexus between his 2017 attack and a protected ground, where he had provided no credible evidence that the attack was motivated by his political activity. (Celicourt v. Barr, 11/17/20)
Practice Advisory: Requesting Attorney’s Fees and Costs After FOIA
As part of AILA’s seminar, “Make the Government Pay,” the speakers provide this practice advisory that addresses compensation for plaintiffs including an award for attorney fees and litigating costs in immigration-related FOIA cases especially when the immigrant is in a removal proceeding.
Map of ICE Enforcement Actions (January 2017–November 2020)
AILA’s enforcement map with a sampling of enforcement actions that ICE has undertaken nationwide between January 2017 and November 2020. Read the stories highlighted on AILA’s map to see the impact of the Trump administration’s immigration policies. This page is no longer being actively updated.
Mastering the Myriad Challenges of Immigration Court
If you’ve appeared in immigration court, you may have witnessed or experienced questionable conduct of a judge or another court personnel. This article explores common “difficult” situations in court and provides practical suggestions to deal with them ethically and professionally.
Practical and Ethical Considerations in Detention Cases
Working with detained clients in removal defense cases, can present unique ethical concerns and dilemmas. In this article, learn more about adhering to disciplinary rules while navigating ethics issues related to diminished capacity, communication, and confidentiality.
District Court Found DHS Acting Secretary Wolf Was Not Lawfully Appointed When He Suspended DACA
A district court found that Chad Wolf was not lawfully serving as DHS Acting Secretary when he suspended DACA following the Supreme Court decision in DHS v. Regents of the University of California. (Batalla Vidal, et al., v. Wolf, et al., 11/14/20)
CA4 Holds That IJs Must Make Finding as to Whether Corroborating Evidence Was Reasonably Available
The court held that while the INA does not require an IJ to provide a noncitizen with advance notice of the need to offer corroborating evidence, the IJ must make a finding as to whether such corroborating evidence was reasonably available if it was not provided. (Wambura v. Barr, 11/13/20)
CA5 Affirms Dismissal of Habeas Petition After Finding Inability to Seek Work Authorization Is Not a Collateral Consequence
Affirming the district court’s dismissal of the habeas petition, the court rejected the petitioners’ argument that their inability to seek work authorization was a collateral consequence that should allow them to maintain their petition. (Bacilio-Sabastian, et al. v. Barr, et al., 11/13/20)
AILA Submits Amicus Brief on the Authority of Immigration Judges and the BIA to Administratively Close Removal Proceedings
AILA submitted an amicus brief in Santiago-Ramirez v. Barr arguing that the AG’s decision in Matter of Castro-Tum stripping IJs and the BIA of their authority to administratively close removal proceedings creates inefficiencies and results that undermine congressional intent.
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-821D
USCIS 60-day notice and request for comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are due 1/12/21. (85 FR 72682, 11/13/20)
BIA Rules It Is Inappropriate for the Board to Use Discretion to Reopen and Vacate an IJ’s Frivolousness Finding
The BIA ruled that absent ineffective assistance of counsel, or a showing undermining the validity and finality of the finding, it is inappropriate for the Board to exercise its discretion to reopen a case and vacate an IJ’s frivolousness finding. Matter of H-Y-Z-, 28 I&N Dec. 156 (BIA 2020)
AILA and Partners Submit Amicus Brief on Bond Eligibility in Withholding-Only Proceedings
AILA and partners submitted an amicus brief in the Supreme Court in Pham v. Guzman Chavez asking the court to affirm the Fourth Circuit's judgment that detained noncitizens in withholding-only proceedings have the right to individualized bond-hearings.
EOIR Releases Memo Rescinding and Canceling Certain Outdated Operating Policies and Procedures Memoranda
EOIR issued a policy memo (PM 21-02) rescinding Operating Policies and Procedures Memoranda (OPPRM) 13-03, Guidelines for Implementation of the ABT Settlement Agreement, and 16-01, Filing Applications for Asylum. The rescissions are effective November 6, 2020.
EOIR Releases Memo on Immigration Court Hearings Conducted by Telephone and Video Teleconferencing
EOIR Released a memo (PM 21-03) canceling and replacing OPPM 04-06 and memorializing EOIR policies regarding the use of the telephone and video teleconferencing (VTC or VC) to conduct hearings in proceedings before an immigration judge.
EOIR Notice Regarding Comment Period on Form EOIR-31A
EOIR notice that Form EOIR-31A, which had been subject to a comment request period published at 85 FR 66578 on 10/20/20, is under review for additional edits. EOIR will publish a new 30-day notice of a new comment period. (85 FR 71100, 11/6/20)
ICE Releases FY2020 Report on ICE Health Service Corps
ICE released the FY2020 report on ICE Health Service Corps (IHSC), which administers and manages health care for nearly 100,000 detainees housed at 20 designated facilities. In FY2020, IHSC executed over $315 million to provide health care services and to perform COVID-19 operational requirements.
Attorney General Rules on Duress Exception to the Persecutor Bar for Asylum and Withholding of Removal
The AG ruled that the bar to eligibility for asylum and withholding based on persecution does not include an exception for coercion or duress, and that DHS does not have an evidentiary burden to show ineligibility based on the persecutor bar. Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020)
Immigration Justice Campaign
The AILA/American Immigration Council's Immigration Justice Campaign fights for justice for detained noncitizens by mentoring lawyers ready to defend their rights in court. We work alongside local partners, including Proyecto Dilley (formerly the Dilley Pro Bono Project). Find out more today.
CA3 Says Stop-Time Rule Still Applies Where Petitioner’s Inadmissibility Offense Was Decriminalized Post-Conviction
The court held that the vacatur of petitioner’s conviction for an inadmissibility offense did not relieve him of the effects of the stop-time rule, because it did not alter the historical fact that he committed the offense or that it rendered him inadmissible. (Khan v. Att’y Gen., 11/3/20)
CA5 Upholds Denial of Withholding of Removal to Honduran Petitioner Who Refused to Join Gang
The court upheld the BIA’s conclusion that the petitioner’s proposed social groups—including Honduran women who have been targeted for and resisted gang recruitment after the murder of a gang-associated partner—were not cognizable. (Suate-Orellana v. Barr, 11/3/20)