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
DHS 5-Day Notice and Request for Comments on New MPP Disenrollment Request System
DHS 5-day notice and request for comments on a new public-facing Migrant Protection Protocols (MPP) Disenrollment Request website. Comments are due 4/26/22. (87 FR 23879, 4/21/22)
EOIR to Stop Holding Hearings in Pittsburgh on Sidney Street
EOIR announced it will no longer hold hearings in Pittsburgh, effective at close of business on April 29, 2022. DHS is unable to support hearings there at this time. Pittsburgh-area respondents and representatives can have cases heard remotely or in person at the Philadelphia immigration court.
CA5 Denies Rehearing En Banc in Rodriguez v. Garland
The court denied the petition for panel rehearing and rehearing en banc in Rodriguez v. Garland, in which the court held that the BIA erroneously interpreted INA §239(a) in denying petitioner’s motion to reopen and rescind his in absentia removal order. (Rodriguez v. Garland, 4/19/22)
CA1 Holds That BIA Failed to Apply Clear-Error Review to IJ’s Factual Finding of Hardship to Petitioner’s Father
The court held that the BIA impermissibly changed the IJ’s factual finding from a finding that hardship “would” occur to the petitioner’s father to a finding that hardship “might” occur without applying clear-error review, and thus granted the petition for review. (Barros v. Garland, 4/19/22)
EOIR Rescinds Policy Memoranda 19-05, 21-06, and 21-13
EOIR rescinded PM 19-05, Guidance Regarding the Adjudication of Asylum Applications Consistent with INA § 208(d)(5)(A)(iii); PM 21-06, Asylum Processing; and PM 21-13, Continuances.
CA4 Says BIA Did Not Err in Considering Aggregate Risk of Torture as to Salvadoran Petitioner
Upholding the denial of Convention Against Torture (CAT) relief, the court held that the IJ did not improperly conflate risks posed by the police and vigilante groups, and that BIA correctly reviewed the IJ’s finding under the clearly erroneous standard. (Ibarra Chevez v. Garland, 4/15/22)
Five Tips to Minimize Retraumatizing Your Clients
Every time a client must tell their traumatic experiences, there is a potential for retraumatizing them. Minimize that effect and improve your advocacy through these five essential tips from the popular roundtable The Trauma-Informed Practice & Lawyering Skills.
EOIR Announces New Appellate Judge
EOIR announced the appointment of Beth Liebmann as a member of BIA by Attorney General Merrick B. Garland. Biographical information for Liebmann has been provided.
BIA Invites Amicus Briefs on Texas Burglary Statute
The BIA invites amicus curiae briefs discussing Texas Penal Code §30.02(a)(3), the generic offense of burglary, and whether a conviction under Texas Penal Code §30.02(a)(3) is a “crime of violence” under INA §101(a)(43(F) that meets the “physical force” element. Briefs are due May 3, 2022.
CA6 Stays District Court's Injunction Against Implementation of DHS's Civil Immigration Enforcement Guidance
On 4/12/22, the Sixth Circuit stayed the implementation of the district court's nationwide injunction that had blocked DHS from implementing Section II of its civil immigration enforcement guidance that was issued in September 2021. (Arizona v. Biden, 4/12/22)
USCIS Announces Online Filing for DACA Renewal Forms
USCIS announced that individuals who previously received deferred action under DACA may file Form I-821D online. Currently, the option is only available for individuals who have previously been granted DACA. They must file Form I-765 to support their DACA filing, which is also available online.
CA5 Finds Asylum Applicant Failed to Show Honduran Government Was Unable or Unwilling to Control Her Persecutors
The court held that substantial evidence supported the BIA’s finding that the petitioner, who had been abused as a child and threatened by the MS-13 gang, did not show that the Honduran government was unable or unwilling to control her alleged persecutors. (Sanchez-Amador v. Garland, 4/11/22)
EOIR Announces Appointment of Mary Cheng as Deputy Director
EOIR announced the appointment of Mary Cheng as the agency’s deputy director. Judge Cheng has served the EOIR since 2009. Additional information on her background has been provided.
EOIR Provides Staff Directory for Immigration Courts
EOIR provided a staff directory with phone numbers for immigration court staff, including clerks. The AILA EOIR/ICE Joint Liaison Committee had requested that this information be provided.
CA5 Holds That 30-Day Appeal Filing Period of 8 CFR §1003.38(b) Is Non-Jurisdictional and Subject to Equitable Tolling
The court vacated the BIA’s decision dismissing the petitioner’s appeal as untimely and remanded, holding that the 30-day appeal filing deadline imposed by 8 CFR §1003.38(b) is non-jurisdictional and thus subject to equitable tolling. (Boch-Saban v. Garland, 4/8/22)
CA6 Finds Petitioner Was Not Denied a Chance to Seek Review of Court’s Panel Opinion
Where the court had granted petitioner 14 extensions in which to file a petition for rehearing en banc, the court denied his motion to vacate the panel decision, finding that his failure to seek review of the decision was a matter of choice, not chance. (Hernandez-Serrano v. Garland, 4/7/22)
AILA Liaison Meeting with EOIR (4/7/22)
The AILA EOIR/ICE Joint Liaison Committee provides unofficial notes from its meeting on April 7, 2022, with EOIR. These notes are not official minutes. Topics include ECAS and technology, notice of hearing changes, prosecutorial discretion, and withdrawing from administratively closed cases.
AILA Liaison Meeting with ICE (4/7/22)
The AILA EOIR/ICE Joint Liaison Committee provides minutes from its meeting with representatives of ICE’s Office of the Principal Legal Advisor (OPLA) and Enforcement and Removal Operations (ERO) on April 7, 2022.
CA7 Fines Attorney Who Failed to Pay Docketing Fee or Submit in Forma Pauperis Motion on Client’s Behalf
The court dismissed the petition for review for failure to pay the docketing fee or to file a motion to proceed in forma pauperis in compliance with Fed. R. App. P. Rule 24(b), and ordered the petitioner’s attorney to pay a fine of $1,000. (Camacho-Valdez v. Garland, 4/6/22)
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/22 and ending 6/30/22, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.33 per centum per annum. (87 FR 20033, 4/6/22)
New ICE Guidelines for Its Attorneys Prioritize Prosecutorial Discretion
AILA welcomed the recent memo from ICE Principal Legal Advisor Kerry Doyle directing prosecutors “to use their discretion to look for opportunities to resolve cases promptly and in the interest of justice for all parties involved.” The memo will take effect April 25, 2022.
Practice Alert: Ohio Judge Issues Partial Injunction of Mayorkas Memo, but Prosecutorial Discretion Remains
On 3/22/22, Judge Newman of the Southern District of Ohio issued a nationwide preliminary injunction blocking certain applications of the Mayorkas Memo. This practice alert explains the decision and its effect on clients.
ICE Releases New Policies on Protections for Detained Noncitizens with Mental Disorders
ICE issued new policies for detainees with serious mental health disorders, including expanded access to counsel provisions such as ICE supporting the pre-scheduling of no-cost legal calls, access to forensic medical evaluations, and FOD/supervisory approval before a transfer is made.
CA8 Upholds Asylum Denial to Mexican Petitioner Whose Husband Disappeared While Fighting Organized Crime
The court held that the BIA did not err in determining that the Mexican petitioner, whose husband had disappeared while serving as a commander of a local auto-defense group that fought organized crime in their hometown, was not entitled to asylum. (Barrera Arreguin, et al. v. Garland, 4/4/22)
Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum)
On April 3, 2022, ICE issued a memorandum, Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum). The memo is effective April 25, 2022.