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 Upholds Denial of Withholding and CAT Relief to Nicaraguan Petitioner Who Feared Persecution Due to Family’s Political Activities
The court found that petitioner had not established a well-founded fear of persecution, reasoning that the bulk of his claims of persecution of his family members in Nicaragua were so “dated” that they could not support an inference of future persecution. (Laguna Rivera v. Att’y Gen., 3/5/25)
Convention Against Torture Assessment Notice For Alien(s) Whose Entry Has Been Suspended and/or Restricted Pursuant to INA §§ 212(f) or 215(a)
This is a sample of 212(f) CAT screening interview notes from an individual who failed the 212(f) screening. Private information has been redacted.
The individual sought asylum in between the official ports of entry after 1/20/25. Interview occurred in ICE custody by an Asylum Officer via phone.
CA2 Holds That DHS May Not Parole an LPR Who Has Been Charged with, but Not Convicted of, a CIMT
The court held that DHS may not parole a lawful permanent resident (LPR) at the border who has been charged with—but not yet convicted of—a crime involving moral turpitude (CIMT), and concluded BIA erred in finding petitioner removable under INA §212(a)(2)(A)(i)(I). (Lau v. Bondi, 3/4/25)
CA6 Finds Petitioner’s Virginia Arson Conviction Qualified as an Aggravated Felony
The court held that the petitioner’s conviction for arson in violation of Virginia Code §18.2-77 constituted an aggravated felony under INA §101(a)(43)(E)(i), concluding that the Virginia arson statute was not broader than the federal arson statute. (Mohammed v. Bondi, 3/4/25)
Practice Alert: What Happens If the Government Shuts Down
House Republicans are attempting to avoid a government shutdown less than two months into President Trump’s term, an effort made difficult due to their slim majority. Use this page to know what might happen if the government does shut down.
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
USCIS Releases Policy Memo on Issuance of NTAs in Cases Involving Inadmissible and Removable Noncitizens
USCIS released a policy memorandum that will be used to guide the issuance of Notices to Appear (NTAs) by all USCIS employees in cases involving inadmissible and removable noncitizens.
ICE Announces Expansion of Detention Capacity with Delaney Hall Facility in New Jersey
ICE announced the imminent reopening of the Delaney Hall Facility in Newark, New Jersey, after reaching an agreement with the facility’s owner to reestablish the federal immigration processing and detention center at the 1,000-bed facility.
Featured Issue: Prosecutorial Discretion
The Supreme Court issued a decision on a challenge to the Biden Administration’s enforcement priorities guidance. This resource page provides information on prosecutorial discretion, its importance as a tool for ICE, and AILA’s support of prosecutorial discretion in immigration enforcement.
DHS Announces It Will Enforce Laws That Impose Penalties on Undocumented Immigrants
DHS announced that it will use multiple tools to track undocumented immigrants and may impose criminal penalties for certain noncitizens who willfully fail to depart the United States, fail to register with the government and be fingerprinted, or fail to apprise the government of address changes.
USCIS Provides Update on Alien Registration Requirement
USCIS provided information on the “Alien Registration Requirement” under INA §262, stating that USCIS is establishing a new form and process by which undocumented immigrants may register. The notice includes details on who has already registered, who must apply for registration, and how to register.
Practice Pointer: Escalating Issues with ICE ERO & OPLA
It is important to know how to effectively escalate concerns while maintaining professionalism and advocating for your client’s interests. AILA’s National ICE Committee provides the following practice pointers.
AILA Urges VOTE NO on Preventing Violence Against Women by Illegal Aliens Act
AILA urges members of Congress to vote NO on “Preventing Violence Against Women by Illegal Aliens Act.” The bill would render noncitizens who have committed certain domestic violence crimes including stalking, child abuse, and child neglect inadmissible and deportable under federal immigration law.
CA8 Upholds Denial of Untimely Motion to Reopen Where Petitioner Received Valid Notices of Hearing
The court held that the petitioner could not demonstrate lack of notice because he had received two valid Notices of Hearing, and thus the BIA did not abuse its discretion when it declined to reopen its removal order and toll the deadline for lack of diligence. (Manyary v. Bondi, 2/21/25)
DHS Secretary Deputizes Certain DOS Officials as Immigration Officers
DHS announced in a statement that, on 2/18/25, DHS Secretary Kristi Noem signed a memorandum deputizing up to 600 special agents within the State Department’s Diplomatic Security Service across the United States to assist with arresting and deporting undocumented immigrants.
EOIR Issues Policy Memo on Access EOIR Initiative
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-22 on re-establishing “appropriate, ethical, and lawful boundaries” for the Access EOIR Initiative.
Practice Tips on How to Prepare Noncitizens for Possible Detention
AILA’s ICE National Committee provides the following suggestions for how to help noncitizens create a plan of action, in the event of a possible detention.
CA4 Holds That Salvadoran Asylum Seeker Failed to Meet “Unable or Unwilling” Government Control Requirement
Upholding the BIA’s denial of the petitioner’s motion to reconsider his asylum application, the court held that circuit precedent requires an applicant to show the home government’s inability or unwillingness to control a non-state persecutor. (Molina-Diaz v. Bondi, 2/19/25)
ICE Issues Guidance on Use of Body Worn Cameras
On 2/19/25, ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 19010.3) to establish policy for the use of Body Worn Cameras (BWCs) by ICE Law Enforcement Officers and Agents (LEOs).
DHS Provides Fact Sheet on Immigration Services Program
DHS provided a fact sheet on the Science and Technology Directorate’s Immigration Services Program, which will support DHS in matters related to immigration custody, case processing, and removal operations, as well as seek to prevent immigration fraud, improve data management, and more.
ICE Issues Guidance on Stays of Removal and Private Immigration Bills
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 5004.3) with guidance on stays of removal and private immigration bills. The guidance is effective immediately and remains in effect until superseded.
DHS Announces Ad Campaign Encouraging Self-Deportation and Discouraging Undocumented Migration
DHS Secretary Kristi Noem announced a domestic and international multimillion-dollar advertising campaign encouraging self-deportation and discouraging potential undocumented immigrants from coming to the United States.
Expedited Removal: Key Updates, Who Is Impacted, and How to Fight Back
This resource will provide updates and guidance on the new expansion of expedited removal.
EOIR Rescinds Memo on Revised Case Flow Processing Before the Immigration Courts
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-21 rescinding and canceling the 12/16/21 Director’s Memorandum (DM) 22-04, which set a default filing deadline in non-detained cases of 15 days before individual calendar hearings.
CA8 Upholds Asylum Denial Where Algerian Petitioners’ Son with Disability Was Denied Medical Care
The court held that substantial evidence supported the BIA’s conclusion that the lack of medical treatment received by petitioners’ son with spina bifida arose from motives unrelated to persecution by the Algerian government, and thus upheld the denial of asylum. (Ferchichi v. Bondi, 2/14/25)