Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

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.

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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.

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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

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
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
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Federal Agencies

EOIR Releases Statistics on Asylum Rates

EOIR released statistics on asylum decision rates from FY2008 through the FY2020. At the end of FY2020, EOIR had a 54.55 percent denial rate and a 19.12 percent grant rate.

9/30/20 AILA Doc. No. 18051163. Asylum, Removal & Relief
Federal Agencies

EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders

EOIR released statistics on asylum applicant in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued 6,928 in absentia removal orders for asylum applicants.

9/30/20 AILA Doc. No. 18051165. Asylum, Removal & Relief
Federal Agencies

EOIR Released Statistics on Pending Unaccompanied Child Cases

EOIR released statistics on pending unaccompanied child (UAC) cases from FY2008 through FY2020. In FY2020, EOIR had 103,035 pending UAC cases.

9/30/20 AILA Doc. No. 18051166. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Federal Agencies

EOIR Released Statistics on UAC In Absentia Removal Orders

EOIR released statistics on unaccompanied children (UAC) in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued a total of 4,514 UAC in absentia removal orders.

9/30/20 AILA Doc. No. 18051102. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Federal Agencies

EOIR Releases FY2020 Data on Complaints Against Immigration Judges

EOIR released information on complaints against immigration judges, including complaints from FY2016-FY2020, number and percentage of IJs against whom complaints were received, the nature of complaints opened, sources of complaints, and methods of disposition for complaints closed.

9/30/20 AILA Doc. No. 20122800. Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Upholds Asylum Denial to Guatemalan Petitioner Who Did Not Report Abuse by Ex-Boyfriend to Police

Upholding the denial of asylum to the petitioner, who had been abused by her ex-boyfriend, the court held that substantial evidence supported the conclusion that the Guatemalan government could have protected the petitioner had she reported her abuse. (Velasquez-Gaspar v. Barr, 9/30/20)

9/30/20 AILA Doc. No. 20100904. Asylum, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Resumes Hearings in Non-Detained Cases at Certain Arizona and California Immigration Courts

EOIR announced that it resumed non-detained individual (merits) hearings and master calendar dockets involving small number of respondents at the Phoenix, Sacramento, San Diego, San Francisco, and Tucson immigration courts on 9/28/20. The option to file by email at these courts will end on 11/27/20.

9/30/20 AILA Doc. No. 20100134. Asylum, Removal & Relief
Federal Agencies, FR Regulations & Notices

EOIR Proposed Rule on Assistance to Pro Se Individuals and Filing of Form EOIR-27/Form EOIR-28

EOIR proposed rule to amend the regulations to provide that practitioners may assist pro se individuals with drafting, writing, or filing documents in proceedings before EOIR, provided that the practitioner files Form EOIR-27 or EOIR-28. Comments are due 10/30/20. (85 FR 61640, 9/30/20)

9/30/20 AILA Doc. No. 20093030. Removal & Relief
Federal Agencies, FR Regulations & Notices

EOIR Extension of Comment Period on New Form EOIR-59

EOIR 30-day extension of a comment period previously announced at 85 FR 43604 on proposed new Form EOIR-59, Certification and Release of Records. Comments are now due 10/30/20. (85 FR 61772, 9/30/20)

9/30/20 AILA Doc. No. 20093031. Removal & Relief
Federal Agencies

DHS Releases 2019 Report on Immigration Enforcement Actions

DHS released the annual flow report for immigration enforcement actions in 2019. Compared to the year before, in 2019, DHS made 77 percent more apprehensions; issued 110 percent more NTAs; initiated 29 percent more intakes into immigration detention; and performed 9.5 percent more removals.

9/30/20 AILA Doc. No. 20102335. Removal & Relief
Federal Agencies

EOIR Releases Statistics on Inactive Pending Cases by FY of Administrative Closure

EOIR released statistics from FY1983 through FY2020 regarding inactive pending cases. As of the end of FY2020, EOIR had administratively closed 1,851 cases.

9/30/20 AILA Doc. No. 20082632. Asylum, Removal & Relief
Federal Agencies

EOIR Releases Data on Active and Inactive Pending Cases

EOIR released data from FY2008 to FY2020 on activing and inactive pending removal, deportation, exclusion, asylum-only, and withholding only cases. Inactive pending cases are those not currently on the active document following an IJ’s order of administrative closure.

9/30/20 AILA Doc. No. 20051105. Asylum, Removal & Relief
Federal Agencies

EOIR Releases Current Median UAC Case Completion and Case Pending Time for FY2020

EOIR released the current median unaccompanied child (UAC) case completion and case pending time. In FY2020, the median pending time was 1,028 days and the median completion time was 659 days.

9/30/20 AILA Doc. No. 20052643. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Federal Agencies

EOIR Releases UAC Statistics for FY2020

EOIR released statistics on I-862 initial case completions for unaccompanied children (UAC) for FY2020. The total number of pending cases at the end of FY2020 was 103,035. Decisions were made in 9,232 cases, with 6,105 cases ending in removal.

9/30/20 AILA Doc. No. 20052644. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Federal Agencies

EOIR Releases Statistics on Number of Courtrooms

EOIR released statistics from 2007 (calendar year) to FY2020 on the total number of courtrooms. As of FY2020, EOIR had 474 courtrooms, excluding the courtrooms in Saipan and in Louisville.

9/30/20 AILA Doc. No. 20030331. Asylum, Removal & Relief
Federal Agencies

EOIR Releases Statistics on Video Teleconference Hearings and Appeals

EOIR released statistics from FY2019 to FY2020 on the total number of completed cases with a video teleconference (VTC) hearing, case appeals filed, appeals of completed cases with a VTC hearing, and appeals of completed cases with a VTC hearing alleging a VTC hearing issue.

9/30/20 AILA Doc. No. 20030332. Asylum, Removal & Relief
Federal Agencies

EOIR Releases Data on Initial Receipts with Specific Charges for Removal, Deportation, and Exclusion Cases

EOIR released data from FY2008 to FY2020 on initial receipts for removal, deportation, and exclusion cases; initial receipts with specific charges; leads with riders; riders; leads and riders; and percentage of leads and riders.

9/30/20 AILA Doc. No. 20030537. Asylum, Removal & Relief
Federal Agencies

EOIR Releases Statistics on Decision Outcomes for FY2020

EOIR released statistics on outcomes of initial case decisions for FY2020. Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.

9/30/20 AILA Doc. No. 20021130. Asylum, Removal & Relief
Federal Agencies

EOIR Releases Statistics on Circuit Court Remands Filed

EOIR released statistics on circuit court remands filed from FY2008 to FY2020. In FY2020, 660 circuit court remands were filed.

9/30/20 AILA Doc. No. 19090434. Removal & Relief
Federal Agencies

EOIR Releases Statistics on All Appeals Filed, Completed, and Pending

EOIR released statistics on all appeals filed, completed, and pending from FY2008 to FY2020. In FY2020, 58,901 appeals were filed; 40,393 appeals completed; and 90,940 appeals were pending.

9/30/20 AILA Doc. No. 19090503. Removal & Relief
Federal Agencies

EOIR Releases FY2020 Statistics on Video Teleconference Hearings and Adjournments

EOIR released statistics on the number of video teleconference (VTC) hearings and adjournments for FY2020. In FY2020, EOIR held 1,447,714 hearings out of which 282,232 were VTC hearings. Nine hundred and twenty three hearings were adjourned due to video malfunction.

9/30/20 AILA Doc. No. 19090506. Removal & Relief
Federal Agencies

EOIR Releases Statistics on BIA Case Appeals Filed, Completed, and Pending

EOIR released statistics from FY2008 to FY2020 for appeals filed, completed, and pending with the BIA from completed removal, deportation, exclusion, asylum-only, and withholding-only proceedings. In FY2020, 51,250 appeals were filed and 84,673 appeals were pending.

9/30/20 AILA Doc. No. 19090307. Asylum, Removal & Relief
Federal Agencies

EOIR Releases Historical Data on New Cases and Total Completions

: EOIR released historical data, from FY1983 through FY2020, for initial receipts of new removal, deportation, exclusions, asylum-only, and withholding-only cases, and total case completions.

9/30/20 AILA Doc. No. 19062133. Asylum, Removal & Relief
Federal Agencies

EOIR Released Statistics on FOIA Receipts

EOIR released statistics on Freedom of Information Act (FOIA) receipts from FY2013 through FY2020. In FY2020, EOIR had 49,468 FOIA receipts.

9/30/20 AILA Doc. No. 18120507. Removal & Relief
Federal Agencies

EOIR Released Statistics on In Absentia Removal Orders in Cases Originating with a Credible Fear Claim

EOIR released data on in absentia removal orders issued in cases originating with a credible fear claim from FY2008 through FY2020. In FY2020, EOIR issued 7,322 in absentia removal orders in cases originating with a credible fear claim.

9/30/20 AILA Doc. No. 18120503. Asylum, Removal & Relief