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
EOIR to Resume Hearings in Non-Detained Cases at the Baltimore, Detroit, and Newark Immigration Courts
EOIR announced that it will resume non-detained individual (merits) hearings and master calendar dockets involving relatively small numbers of respondents at the Baltimore, Detroit, and Newark immigration courts on 7/13/20. The option to file by email at these courts will end on 9/13/20.
CA11 Finds USCIS’s Denial of Form I-129 Was Final Agency Action Where Intended Beneficiary’s Removal Proceedings Were Ongoing
The court held that the denial of the plaintiffs’ Form I-129 was final agency action under the Administrative Procedure Act (APA), and that INA §242(b)(9) and (g) did not bar the plaintiffs’ challenge to the visa petition denial. (Canal A Media Holding, LLC, et al. v. USCIS, et al., 7/8/20)
CA4 Says Willful Discharge of “Any Firearm” in a Public Place Without Resulting Bodily Injury in Virginia Is Not a Removable Offense
The court held that the petitioner’s conviction for willful discharge of “any firearm” in a public place without resulting bodily injury in Virginia did not qualify as a federal “firearm offense” for purposes of removal under INA §237(a)(2)(C). (Gordon v. Barr, 7/8/20)
CA2 Upholds BIA’s Denial of Petitioner’s Motion to Reopen Based on “Intervening” Case Law in Obeya and Mellouli
The court found that “intervening” decisions in Obeya v. Sessions and Mellouli v. Lynch did not compel the conclusion that criminal possession of stolen property was not a crime involving moral turpitude at the time of the petitioner’s conviction. (Ottey v. Barr, 7/7/20)
CA8 Finds It Lacks Jurisdiction to Consider Petitioner’s Arguments Concerning Changed Country Conditions in Somalia
The court held that it lacked jurisdiction to review the vast majority of the petitioner’s arguments concerning his motion to reopen his asylum and withholding of removal claims based on changed country conditions in Somalia. (Sharif v. Barr, 7/7/20)
CRS Releases Legal Sidebar on Supreme Court’s Decision to Uphold Limited Review of Expedited Removal
CRS released a legal sidebar on the Supreme Court’s decision in DHS v. Thuraissigiam which upheld restrictions on the ability of an individual in expedited removal to challenge matters other than the detention’s lawfulness. The sidebar explores the decision, its implications, and more.
Trump Administration Makes Immigration Courts an Enforcement Tool by Appointing Prosecutors to Lead
AILA condemns the Trump administration’s recent ramp-up of efforts to turn the immigration court system into an enforcement tool rather than an independent arbiter for justice.
EOIR Director Rules Amicus Curiae Cannot Seek Further Action Once Decision Has Been Rendered in Recognition and Accreditation Proceedings
The EOIR Director ruled that an amicus curiae is not a party in recognition and accreditation proceedings and has no authority to seek further action following the conclusion of an administrative review. Matter of Bay Area Legal Services, Inc., Applicant, 28 I&N Dec. 16 (DIR 2020)
EOIR Announces Tracy Short as New Chief Immigration Judge
EOIR announced the appointment of Tracy Short as the Chief Immigration Judge. From January 2017 to June 2020, he served as the ICE Principal Legal Advisor and, later, as a Senior Advisor to the ICE Acting Director.
DOJ’s Immigration Court Practice Manual (Updated on 7/2/20)
On July 2, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
DHS Statement on Safety and Enforcement During the 2020 Wildfire Season
DHS announced that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to wildfires in the western and southwestern portions of the U.S., including in Arizona, Colorado, Utah, and Nevada, except in the event of a serious public safety threat.
EOIR Rescinds Operating Policies and Procedures Memoranda 96-4 and 99-4
EOIR issued a memo rescinding OPPM 96-4, Processing of Motions and Appeals, and OPPM 99-4, Electronic I-830 (Notice to EOIR: Alien Address). The OPPMs were issued over two decades ago, and per EOIR, “have become outdated or unnecessary in the intervening years.”
Voluntary COVID-19 Testing at ICE Facilities
ICE announced that it has completed voluntary COVID-19 testing for all residents at the family residential centers (FRCs) in Dilley and Karnes County, Texas, and Leesport, Pennsylvania. ICE also began offering tests to new admission at the FRCs.
BIA Finds Respondent Who Arrived 20 Minutes Late Did Not Fail to Appear
Unpublished BIA decision holds that the respondent did not fail to appear for his hearing where he arrived 20 minutes late and the IJ was still on the bench. Special thanks to IRAC. (Matter of Flores-Lopez, 7/2/20)
EOIR to Resume Hearings in Non-Detained Cases at the Chicago, Cleveland, Philadelphia, and Saipan Immigration Courts
EOIR will resume non-detained individual (merits) hearings and master calendar dockets including relatively small number of respondents at the Chicago, Cleveland, Philadelphia, and Saipan immigration courts on 7/6/20. The option to file by email at these courts and at York will end on 9/6/20.
DHS OIG Releases Observations from Unannounced Inspections of ICE Facilities in 2019
ICE houses detainees at roughly 200 facilities nationwide. During 2019, DHS OIG made 4 unannounced inspections at 4 adult detention facilities and found violations of ICE detention standards that undermined the protection of detainees’ rights and the provision of a safe and healthy environment.
CA5 Rejects Petitioner’s Argument That BIA Acted Ultra Vires by Applying a Heightened Standard to His Waiver Application
The court found that the petitioner’s contention that the BIA should have weighed the equities more in his favor failed to establish that the agency had acted ultra vires by applying a heightened standard to his waiver of inadmissibility application. (Nastase v. Barr, 7/1/20)
EOIR Released Statistics on Defensive Asylum Applications
EOIR released statistics on defensive asylum applications from FY2008 through the third quarter of FY2020. In FY2020 (through June 30, 2020), EOIR received 123,615 defensive asylum applications and granted 9,868 applications, for a defensive receipts to grants ratio of 12.52:1.
EOIR Releases Asylum Decision Rates by Nationality in Cases Originating with a Credible Fear Claim for FY2020
EOIR released asylum decision rates (grants, denials, administrative closure, and other) in cases that originated with a credible fear claim, broken down by the nationality of applicants for FY2020 (through 6/30/20).
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-27
EOIR 60-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 8/31/20. (85 FR 39212, 6/30/20)
Practice Alert: Potential Effects of the June 22 Proclamation on EAD Eligibility for Individuals Subject to Removal
In addition to suspending the entry of certain nonimmigrants, the June 22, 2020, Presidential Proclamation also contains provisions that could preclude individuals in removal proceedings from obtaining employment authorization.
EOIR Releases Statistics on Attorney Discipline Complaints Received
EOIR issued data on attorney discipline complaints received from FY2000 through the third quarter of FY2020. As of the end of the third quarter of FY2020 (through June 30, 2020), EOIR received 558 attorney discipline complaints.
BIA Finds Pennsylvania Statute Not a Firearms Offense
Unpublished BIA decision holds that carrying a firearm without a license under 18 Pa. Cons. Stat. 6106(a)(1) is not a firearms offense because it applies to antique firearms that are suitable for use. Special thanks to IRAC. (Matter of Santana Colon, 6/30/20)
EOIR Releases Statistics on All Pending I-862 Proceedings and Pending I-862 Proceedings Originating with a Credible Fear Claim
EOIR released statistics on all pending I-862 proceedings and pending I-862 proceedings originating with a credible fear claim. As of June 30, 2020, EOIR had a total of 1,199,965 pending I-862 proceedings, out of which 223,118 originated with a credible fear claim.
EOIR Released Asylum Decision and Filing Rates in Cases Originating with a Credible Fear Claim
EOIR released data on asylum decision rates (grants, denials, administrative closure, and other) and asylum filing rates for cases that originated with a credible fear claim for FY2008 through the third quarter of FY2020 (through June 30, 2020).