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
Resources Relating to Minnesota Class Action Lawsuit Challenging Matter of Castro-Tum
The plaintiffs submitted a memorandum in opposition to the defendants’ motion to dismiss, arguing that the INA does not prohibit the court from exercising jurisdiction over the subject matter of the plaintiffs’ amended complaint. (Lopez, et al. v. Barr, et al., 9/4/20)
CA8 Upholds Denial of CAT Relief to Bangladeshi Petitioner Who Converted to Christianity
Upholding the denial of deferral of removal under the Convention Against Torture (CAT), the court held that the BIA did not err in determining that the petitioner had failed to show he would more likely than not be tortured if removed to Bangladesh. (Ahmed v. Barr, 9/4/20)
MALDEF Files Lawsuit Alleging That Acting DHS Secretary Wolf’s DACA Memo Is Unlawful
The Mexican American Legal Defense and Educational Fund (MALDEF) filed a lawsuit in federal district court seeking to enjoin and vacate Acting DHS Secretary Chad Wolf’s July 28, 2020, memo imposing changes to the DACA program. (Santa Fe Dreamers Project, et al., v. Wolf, et al., 9/3/20)
DHS OIG Says CBP Should Award a Medical Services Contract Quickly to Ensure No Gap in Service
DHS OIG released a management alert stating that CBP’s current contract for medical services expires on 9/29/20, and that as of 9/3/20, CBP had not issued a solicitation for a new contract. A lapse in the contract, per the alert, “could jeopardize the health and safety of migrants in CBP custody.”
CA7 Rejects Castro-Tum and Holds That IJs Are Not Precluded from Administratively Closing Cases When Appropriate
The court rejected Matter of Castro-Tum’s conclusion that administrative closure is not within an IJ’s authority to take “any action” appropriate and necessary for the disposition of cases pursuant to 8 CFR §1003.10(b). (Meza Morales v. Barr, 6/26/20, amended 9/3/20)
EOIR to Resume Hearings in Non-Detained Cases at the Salt Lake City Immigration Court
EOIR announced that will resume non-detained individual hearings and master calendar dockets involving relatively small number of respondents at the Salt Lake City Immigration Court on September 8, 2020. The option to file by email at this court will end on November 8, 2020.
CA3 Upholds Asylum Denial After Finding Syrian Militia Is a Tier III Terrorist Organization Under INA §212(a)(3)(B)(vi)(III)
The court upheld the denial of asylum to the petitioner, who fled involuntary military service in a government-controlled militia in Syria, finding that the militia was not beyond the scope of the Tier III provision under INA §212(a)(3)(B)(vi)(III). (A.A. v. Att’y Gen., 9/2/20)
CA4 Finds Petitioner Failed to Establish That Salvadoran Government Was Unable or Unwilling to Control MS-13
Finding that the record did not compel the conclusion that the Salvadoran government was unwilling or unable to control the MS-13 gang, the court upheld the IJ and BIA’s conclusion that the petitioner did not qualify as a refugee under INA §101(a)(42)(A). (Portillo-Flores v. Barr, 9/2/20)
CA3 Rejects Due Process Claims of Mexican Petitioner Who Sought Cancellation of Removal
Where BIA had dismissed petitioner’s appeal on the ground that his removal would not cause his daughters “exceptional and extremely unusual hardship,” the court rejected his two due process challenges, finding that neither was a constitutional claim. (Hernandez-Morales v. Att’y Gen., 9/2/20)
House Committee on Oversight and Reform Releases Report on Mistreatment of Detained Immigrants
The House Committee on Oversight and Reform released a report on for-profit contractors’ detention of immigrants. The committee inspected several detention facilities and found deficient sanitation/mismanagement of infectious diseases and that detainees died after receiving inadequate medical care.
CA9 Finds Domestic Violence Waiver Under Special Rule Cancellation of Removal Did Not Cover Petitioner’s Drug Conviction
The court held that the domestic violence waiver established under INA §237(a)(7), and made applicable to cancellation of removal by INA §240A(b)(5), is limited to crimes of domestic violence and stalking, and thus did not cover petitioner’s drug conviction. (Jaimes-Cardenas v. Barr, 9/1/20)
CA1 Vacates Preliminary Injunction Against ICE Courthouse Arrests in Massachusetts
The court held that the district court abused its discretion in finding plaintiffs were likely to succeed in showing that the INA implicitly incorporates a common law privilege against civil arrests for individuals attending court on official business. (Ryan, et al. v. ICE, et al., 9/1/20)
DHS OIG Finds Five Texas CBP Facilities Generally Complied with National TEDS Standards
DHS OIG performed unannounced inspections of five CBP facilities in Laredo and San Antonio areas of Texas in February 2020 and found that the facilities appeared to be generally operating in compliance with the National Standards on Transport, Escort, Detention, and Search (TEDS).
ICE Provides Information on Legal Access in Detention
ICE provided information to assist immigration legal representatives with clients who are detained in ICE custody, including information on how to communicate with detained individuals and with ICE, available legal resources available to detained individuals, and contact information.
Round Table of Former Immigration Judges Issue Statement in Support of AILA NJ Chapter’s Litigation
On September 1, 2020, the Round Table of Former Immigration Judges issued a statement supporting the AILA NJ Chapter’s litigation and urging the Newark Immigration Court to adopt proper health and safety measures for litigants and staff while protecting fundamental due process rights.
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-27
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 10/1/20. (85 FR 54222, 9/1/20)
CA1 Overturns Preliminary Injunction Against ICE Arrests in Massachusetts’ Courthouses
The court concluded that the plaintiffs had failed to demonstrate that they were likely to succeed in showing that the INA implicitly incorporates a common law privilege against civil arrests for individuals attending court on official business. (Ryan, et al. v. ICE, et al., 9/1/20)
BIA Rules on Failure to File an Application for Relief by Deadline Set by Immigration Judge
The BIA ruled that after a deadline for filing relief has been set, the opportunity to file may be waived. Further, that being detained, appearing pro se, and using an interpreter at a video hearing do not constitute a denial of due process. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020)
Judge Bars CBP Agents from Conducting Credible Fear Interviews
Granting the plaintiffs’ motion for preliminary injunction, a district court judge barred CBP agents, who receive substantially less training than USCIS asylum officers, from conducting credible fear interviews for asylum seekers. (A.B.-B. v. Morgan, 8/31/20)
AILA and Partners Submit Amicus Brief on Barriers for Detained, Pro Se Asylum Seekers
AILA and partners submitted an amicus brief in the Third Circuit arguing that because of the hurdles detained, pro se asylum seekers face in presenting evidence to support their claims, the BIA must factor a pro se respondent’s detention into analysis of whether evidence is “reasonably available.”
CA8 Finds District Court Correctly Dismissed Petitioners’ Request for Nunc Pro Tunc Adjustment of Status
The court held that the district court properly dismissed the petitioners’ request for nunc pro tunc adjustment of status, because they had failed to adjust their status to lawful permanent residents, and thus could not meet the requirements for naturalization. (Al-Saadoon v. Barr, 8/28/20)
AILA Quicktake #291: USCIS Issues Guidance on DACA to Implement DHS Memo
On August 21, 2020, USCIS issued guidance on the Deferred Action for Childhood Arrivals (DACA) program implementing the memo issued in July 2020 by Acting DHS Secretary Chad Wolf. Kate Voight, AILA’s Senior Associate Director of Government Relations, summarizes key points from the guidance.
DOJ Proposes Regulation to Turn Immigration Appeals into Tool of the Administration’s Anti-Immigrant Agenda
AILA Senior Policy Counsel Laura Lynch and AILA First Vice President Jeremy McKinney respond to a new rule proposed by DOJ that would overhaul Board of Immigration Appeals (BIA) processes.
EOIR Notice of Proposed Rulemaking on Appellate Procedures and Administrative Closure
EOIR notice of proposed rulemaking proposing multiple changes to the processing of immigration appeals, as well as amending the regulations regarding administrative closure. Comments are due 9/25/20. (85 FR 52491, 8/26/20)
CA11 Finds BIA Erred in Retroactively Applying Stop-Time Rule to Pre-IIRAIRA Conviction of Petitioner Seeking Cancellation
The court held that because the petitioner had pled guilty before the stop-time rule was enacted via the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), applying the stop-time rule retroactively to his conviction was impermissible. (Rendon v. Att’y Gen., 8/26/20)