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
CA11 Says BIA’s Application of Stop-Time Rule to Petitioner’s 1995 Conviction Was Impermissibly Retroactive
The court held that the BIA erred in retroactively applying the stop-time rule to the petitioner’s pre-Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) conviction, and thus that he was eligible for cancellation of removal. (Rendon v. Att’y Gen., 7/14/20)
AILA and Partners Urge Senate Leaders to Extend Work Authorizations to Dreamers
AILA joined 182 national and local partners in urging Senate Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY) to include automatic extensions of employment authorization for DACA, TPS, and other work-authorized immigrants in the fourth COVID-19 legislative package.
CA2 Finds BIA Erred in Denying Petitioner’s Motion to Suppress Evidence of Her Alienage Without an Evidentiary Hearing
Applying the standard set in Cotzojay v. Holder to petitioner’s motion to suppress evidence, the court concluded that the petitioner had submitted sufficient evidence of an egregious Fourth Amendment violation to warrant an evidentiary hearing. (Millan-Hernandez v. Barr, 7/13/20)
The Roundtable of Former Immigration Judges Submits Comment on Proposed Plans to End Asylum
The Roundtable of Former Immigration Judges sent a letter to EOIR and USCIS opposing the proposed rule that would make multiple changes to regulations governing asylum, withholding of removal, and CAT protection. The Roundtable urge the departments to withdraw all sections of the proposed rule.
Class Action Lawsuit in Minnesota Challenges Matter of Castro-Tum
Plaintiffs filed a class action lawsuit in federal district court on behalf of certain individuals in Minnesota who are ineligible to apply for a provisional unlawful presence waiver because their removal proceedings are not administratively closed. (Lopez, et al. v. Barr, et al., 7/13/20)
CA7 Upholds Denial of Asylum to Petitioner Who Feared Life as an Openly Gay Woman in Mexico
The court upheld the BIA’s denial of asylum to the Mexican petitioner, who sought relief based on threats of physical violence she had received because of her gay sexual orientation, concluding that substantial evidence supported the agency’s decision. (Escobedo Marquez v. Barr, 7/13/20)
CA4 Says Convictions for Leaving an Accident and Using False Identification in Virginia Are Not CIMTs
The court held that the petitioner’s convictions for leaving an accident in violation of Va. Code Ann. §46.2–894 and for using false identification in violation of Va. Code Ann. §18.2–186.3(B1) were not categorically crimes involving moral turpitude (CIMTs). (Nunez-Vasquez v. Barr, 7/13/20)
CA2 Holds That Changed Circumstances Under INA §208(a)(2)(D) Need Not Arise Prior to the Filing of an Asylum Application
Granting the petition for review, the court held that pursuant to INA §208(a)(2)(D), changed circumstances presenting an exception to the one-year deadline for filing an asylum application need not arise prior to the filing of the application. (Ordonez Azmen v. Barr, 7/13/20)
TRAC Finds More Immigration Judges Are Leaving the Bench
TRAC found that turnover among immigration judges is the highest in over two decades. During FY2019, 35 judges left the bench. TRAC also found more cases are being heard by judges with limited experience and that court backlog is nearly three times the level since the Trump administration began.
Practice Pointer: EOIR’s Decision to Resume Select Non-Detained Immigration Court Dockets
AILA’s EOIR/ICE Joint Liaison Committee provides a practice pointer on EOIR’s decision to resume select non-detained immigration court cases. Special thanks to chair of the committee, Sui Chung.
AILA Urges President Trump to Leave the DACA Program in Place
On July 11, 2020, the Coalition for the American Dream, which includes AILA, sent a letter to President Trump urging him to leave the DACA program in place and refrain from taking any additional administrative actions that would negatively impact the program.
Practice Alert: Spreadsheet Detailing Local ICE ERO Check-In Procedures During the COVID-19 Pandemic
This practice alert contains a spreadsheet with information regarding local ICE ERO check-in procedures during the COVID-19 pandemic. The information included is updated by local ICE liaisons.
Government Accountability Project Sends Letter to Congressional Leaders on Whistleblower Disclosures Regarding Mismanagement of ICE Detention Faciliti
The Government Accountability Project (GAP) sent a letter to congressional leaders summarizing information from whistleblowers that addresses the mismanagement of COVID-19 issues by Lasalle Corrections. The disclosures highlight ongoing and imminent dangers to workers, immigrants, and public safety.
CA6 Finds Petitioner Failed to Show That She Would Likely Be Tortured in Bosnia
The court upheld the BIA’s denial of deferral of removal, finding that nothing in the record proved that any mistreatment the petitioner might face in Bosnia due to her family ties and criminal past was more likely than not to rise to the extreme level of torture. (Kilic v. Barr, 7/10/20)
CA9 Says Conviction for Petty Theft in California Is a CIMT (Withdrawn)
The court held that petitioner’s conviction for petty theft in California was a CIMT, and that the BIA did not abuse its discretion in denying his motion to reopen to seek asylum based on changed country conditions in the Philippines. (Silva v. Barr, 7/10/20, withdrawn 3/30/21)
HR. 7569: Immigration Enforcement Moratorium Act
Reps. Escobar (TX-16) and Wilson (FL-24) introduced the “Immigration Enforcement Moratorium Act” to halt the administration’s harmful immigration enforcement activities during the COVID-19 pandemic, citing AILA’s prior calls on DOJ to cease in-person removal proceedings. AILA endorses this bill.
U.S. Conference of Mayors Urges the President and Congress to Protect Dreamers
On July 9, 2020, the U.S. Conference of Mayors published an open letter to the President urging to maintain DACA and Congress to pass legislation that would provide Dreamers with citizenship.
USCIS and EOIR Proposed Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS/EOIR proposed rule to let DHS/DOJ consider “emergency public health concerns based on communicable disease due to potential international threats from the spread of pandemics" when determining ineligibility for asylum or withholding of removal. Comments due 8/10/20. (85 FR 41201, 7/9/20)
BIA Reopens and Terminates Sua Sponte in Light of Mellouli
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding selling a precursor substance (pseudoephedrine) under Okla. Stat. 2-328 is not a controlled substance offense under Mellouli v. Lynch. Special thanks to IRAC. (Matter of Nguyen, 7/9/20)
BIA Finds Possession of Methamphetamine in Colorado Is Not a Controlled Substance Offense
Unpublished BIA decision holds unlawful possession of a controlled substance (methamphetamine) under Colo. Rev. Stat. 18-18-403.5 not a controlled substance offense under reasoning of Arellano v. Barr, 784 F. App’x 609 (10th Cir. 2019). Special thanks to IRAC. (Matter of Holod, 7/9/20)
BIA Rescinds In Absentia Order Following Prompt Filing of Motion to Reopen
Unpublished BIA decision rescinds in absentia order where respondent filed motion within 15 days and submitted affidavit disavowing receipt of hearing notice. Special thanks to IRAC. (Matter of Suilma-Andrade, 7/9/20)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/20 and ending 9/30/20, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.15 per centum per annum. (85 FR 41097, 7/8/20)
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-191
USCIS 60-day notice and request for comments on proposed revisions to Form I-191, Application for Relief under Former Section 212(c) of the Immigration and Nationality Act. Comments are due 9/8/20. (85 FR 41061, 7/8/20)
Administration Plans Unnecessary and Unconscionable Ban on Asylum Seekers Masked Behind False Public Health Premise
AILA and the Council expressed deep concern about the administration’s soon-to-be-published proposed rule that would allow DHS to ban people from seeking asylum or withholding of removal in the United States solely because they traveled from or through a country under threat by a serious disease.
ICE Issues Monthly Reports on 287(g) Enforcement
ICE announced that it has begun issuing monthly reports (starting October 2020) on its 287(g) partnerships with state and local law enforcement to identify and remove immigrants who are amenable to removal from the United States.