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
CRS Report on Unauthorized Childhood Arrivals, DACA, and Related Legislation
CRS updated its report on legislative activity in Congress related to unauthorized childhood arrivals, including the original Dream Acts in the 107th and 108th Congresses, establishment of DACA in 2012, and DACA since 2017.
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.
CA9 Finds Asylum Applicant’s Testimony Alone Was Not Sufficient to Satisfy Social Distinction Requirement for PSGs
The court held that petitioner had failed to establish that his proposed particular social groups (PSGs) comprised of “Mexican professionals who refuse to cooperate with drug cartels” and “agronomists who refuse to help cultivate drugs” were socially distinct. (Diaz-Torres v. Barr, 6/29/20)
CA9 Finds Mexican Petitioner Targeted by Los Zetas Drug Cartel Is Entitled to CAT Relief
The court held that the evidence compelled the conclusion that it was more likely than not Los Zetas would target petitioner for murder or other torture if she were removed to Mexico, and remanded for the BIA to grant Convention Against Torture (CAT) relief. (Xochihua-Jaimes v. Barr, 6/26/20)
CA6 Upholds Denial of Motion to Reopen Where BIA Found Petitioner Had Failed to Overcome Presumption of Receipt of Mailed Notices
Where the evidence was conflicting, the court held that a reasonable adjudicator could conclude that the petitioner had failed to overcome the presumption that he had received notices of his hearing that were mailed to his aunt and uncle’s address. (Valadez-Lara v. Barr, 6/26/20)
CA8 Finds BIA Did Not Err in Denying CAT Relief to HIV-Positive Member of the Begedi Clan in Somalia
The court upheld the BIA’s denial of petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the IJ had clearly erred in forecasting that petitioner would more likely than not be tortured if returned to Somalia. (Abdi Omar v. Barr, 6/26/20)
District Judge Orders ICE to Release All Children Currently Held in Detention
Due to COVID-19, a district court judge ordered that all children currently held at ICE Family Residential Centers (FRCs) for more than 20 days must be released by 7/17/20, stating that FRCs are “on fire” and there is no more time for half measures. (Flores, et al. v. Barr, et al., 6/26/20)
CA4 Upholds Asylum Denial to Salvadoran Who Feared Persecution by His Brother’s Murderers
The court held that substantial evidence supported the BIA’s conclusion that the attackers who threatened the petitioner were motivated by a desire to prevent him from reporting his brother’s murder to the police, and not by the petitioner’s family ties. (Cedillos-Cedillos v. Barr, 6/26/20)
BIA Finds New York Statute Not a Firearms Offense
Unpublished BIA decision holds that criminal possession of a weapon in the second degree under N.Y.P.L. 265.03(3) is not a firearms offense because it applies to loaded antique firearms. Special thanks to IRAC. (Matter of Disla, 6/26/20)
Supreme Court Says INA §242(e)(2) Does Not Violate Suspension or Due Process Clauses
The U.S. Supreme Court held that, as applied in the case, INA §242(e)(2)—which limits the habeas review obtainable by a noncitizen detained for expedited removal—does not violate the Suspension or Due Process Clauses of the Constitution. (DHS v. Thuraissigiam, 6/25/20)
CA7 Upholds Denial of Asylum to Argentinian Petitioner Who Alleged Persecution Based on His Family Membership
The court held that the record supported the BIA’s conclusion that petitioner had not presented a case warranting relief because of a credible fear of persecution or torture, and that the BIA had correctly determined that a waiver signed upon his entry was valid. (Ferreyra v. Barr, 6/16/20)
Advocates Demand Release of Individuals Endangered in Texas Detention Facility
On June 23, 2020, the law firm Gibson Dunn & Crutcher LLP, through their pro bono work with the Immigration Justice Campaign, filed a group habeas petition demanding the release of individuals detained in the Joe Corley Detention Facility in Conroe, Texas due to the conditions at this ICE facility.
EOIR to Resume Hearings in Non-Detained Cases at Some Immigration Courts
EOIR announced it will resume non-detained hearings and master calendar dockets involving small numbers of respondents at immigration courts in Boston, Buffalo, Dallas, Hartford, Las Vegas, and New Orleans on 6/29/20. The option to file by email at these and some other courts will end on 8/26/20.
CA11 Says Petitioner’s Conviction for Possession with Intent to Distribute Ecstasy in Georgia Was as an Aggravated Felony
Applying the modified categorical approach, the court determined that the petitioner’s 2003 conviction for possession with intent to distribute ecstasy under Georgia Statute §16-13-30 qualified as an aggravated felony involving a drug trafficking crime. (Gordon v. Att’y Gen., 6/24/20)
BIA Equitably Tolls Deadline to Rescind In Absentia Order Based on Ineffective Assistance
Unpublished BIA decision equitably tolls 180-day time limit on motion to rescind in absentia order based on ineffective assistance of counsel. Special thanks to IRAC. (Matter of Enriquez-Godinez, 6/24/20)
Three Organizations Challenge Expanded Expedited Removal Procedures
A district judge issued an order blocking DHS from expanding expedited removal to many individuals who are in the interior of the U.S. or have been in the U.S. for more than 14 days. (Make the Road NY v. McAleenan, 9/27/19)
BIA Reopens Proceedings Sua Sponte for Parent of Active Military Member
Unpublished BIA decision reopens proceedings sua sponte to let respondent adjust status based on approved visa petition filed by U.S. citizen child who is active member of the military. Special thanks to IRAC. (Matter of Oh, 6/23/20)
Senators Send Letter to EOIR Director About EOIR’s Decision to Resume Hearings Amid COVID-19 Pandemic
Senator Warren (D-MA) led a group of senators in sending a letter to EOIR Director McHenry about EOIR’s decision to resume non-detained hearings, its process for making that decision, and its communication of that decision to stakeholders. The letter echoes AILA’s concerns about EOIR’s decision.
CA2 Remands Asylum Claim to Consider Petitioners’ Evidence of Changed Country Conditions in Indonesia
The court held that the BIA’s denial of the petitioners’ motion to reopen failed to account for relevant evidence of changed country conditions for Christians in Indonesia, and that 8 CFR §1003.2(c)(1) did not require them to submit a new asylum application. (Tanusantoso v. Barr, 6/23/20)
CA8 Says Conviction in Minnesota for Obstruction of Legal Process Is Not Categorically a CIMT
The court held that the BIA erred in finding that the petitioner’s conviction in Minnesota for obstruction of legal process was categorically a crime involving moral turpitude (CIMT), and thus granted the petition for review and vacated the BIA’s order of removal. (Ortiz v. Barr, 6/23/20)
D.C. Circuit Court Reversed District Court’s Grant of a Preliminary Injunction in Challenge to Expanded Expedited Removal Process
The D.C. Circuit Court of Appeals affirmed that the district court had jurisdiction, but vacated the preliminary injunction. The court reasoned that the merits of plaintiffs’ notice and comments claims were not likely to succeed. (Make the Road New York, et al., v. Wolf, et al., 6/23/20)
AILA and Partners Call on DHS and USCIS to Immediately Reinstate DACA
One hundred and fifty-five organizations, including AILA, sent a letter urging DHS and USCIS to immediate reinstate DACA, including accepting initial applications and granting advance parole. The letter also calls on DHS and USCIS to work with the Senate to pass the American Dream and Promise Act.
AILA and Partners Urge New Mexico Governor Lujan Grisham to Stop ICE Detention Facility Transfers
AILA and partners sent a letter urging New Mexico Governor Lujan Grisham to prevent transfers and book-ins to ICE contract immigration detention centers in New Mexico, particularly the Otero County Processing Center in Chaparral, in order to prevent the spread of COVID-19.
Breaking Update: You Can Still Help DACA Clients
The Supreme Court found DACA was not properly canceled, giving us an unexpected and well-deserved reprieve. But this will naturally send DACA clients to their lawyers, so we offer these tips for strategizing and communicating with DACA clients about their future options.
EOIR Announces Relocation of the San Diego Immigration Court
EOIR announced that the effective date of the relocation of the San Diego Immigration Court is June 29, 2020. The new location will resume non-detained hearings on July 6, 2020. Notice includes the new location’s address, hours of operation, and telephone number.