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 Issues Memo on Office of Legal Access Programs
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-15 to clarify questions regarding the status and function of EOIR’s Office of Legal Access Programs (OLAP), including information on the Legal Orientation Program (LOP).
TRO Leads to Restart of Critical Legal Access Programs
On January 31, 2025, a U.S. District Court temporarily restarted legal access programs that were halted by the DOJ. The programs provide legal services to vulnerable populations, including children, families, and detained adults. Last week, AILA members asked Congress to urge these programs restart.
ICE Releases Memo on Enforcement Actions in or Near Protected Areas
ICE Acting Director Caleb Vitello issued a memo, “Common Sense Enforcement Actions in or Near Protected Areas,” stating that DHS will not be issuing bright line rules on where immigration laws are allowed to be exercised, but instead will issue guidance on exercising enforcement discretion.
ICE Issues Guidance on Enforcement Actions Involving Beneficiaries of Victim-Based Immigration Benefits
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 11005.4) providing interim guidance on civil immigration enforcement actions involving current or potential beneficiaries of victim-based immigration benefits. The guidance is effective immediately.
ICE Releases Memo on Suspension of the 287(g) Program Advisory Board
ICE Acting Director Caleb Vitello issued a memo suspending the 287(g) Program Advisory Board (PAB) and its governance structure effective immediately. The memo states that this will allow ICE to enter into agreements with state and local law enforcement agencies under INA §287(g) in a timely manner.
EOIR 30-Day Notice and Extension of Comment Period on Form EOIR-40
EOIR 30-day notice and extension of the comment period on proposed revisions to Form EOIR-40, Application for Suspension of Deportation, originally announced at 89 FR 91786 on 11/20/24. Comments are now due 3/3/25. (90 FR 8535, 1/30/25)
EOIR Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.
Executive Order on U.S. Border Security
On 1/20/25, President Trump issued Executive Order (EO) 14165 that calls for a number of DHS and DOD measures, including physical barriers; increased border personnel; expanded detention; Remain in Mexico policies; ceasing use of CBP One; terminating parole programs; and more. (90 FR 8467, 1/30/25)
Executive Order on Enhancing Visa Vetting and Screening
On 1/20/25, President Trump issued Executive Order (EO) 14161 to further enhance the vetting and screening processes across agencies all relevant federal agencies for purposes of visa issuance. (90 FR 8451, 1/30/25)
Practice Pointer: How to Locate Clients Apprehended by ICE
AILA’s National ICE Committee provides this practice pointer to assist attorneys with best practices and tips for locating clients that have been apprehended by ICE or will be transferred to ICE custody.
Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody
Chief U.S. District Judge Dolly M. Gee extended the Juvenile Care Monitor’s term by six months, from 12/27/24 until 6/27/25, and extended the termination date of the 2022 Settlement Agreement by 18 months, from 1/29/25 until 7/29/26. (Flores, et al. v. McHenry, et al., 1/30/25)
Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
AILA’s National ICE Committee provides this practice pointer to help attorneys prepare for their client’s order of supervision appointments with ICE-ERO. This resource identifies proactive steps to undertake in light of the potential for enforcement actions against clients at these appointments.
DHS Notice of Finding of Mass Influx of Aliens
DHS notice titled “Notice of Finding of Mass Influx of Aliens,” which provides the text of the Acting Secretary of DHS’s 1/23/25 “Finding of Mass Influx of Aliens.” (90 FR 8399, 1/29/25)
EOIR Reinstates Policy Memo on Pro Bono Legal Services
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-08, which rescinds and cancels the 11/5/21 Director’s Memorandum (DM) 22-01 and reinstates the 12/10/20 PM 21-08 that consolidated and updated EOIR policies related to pro bono legal services.
EOIR Rescinds Memo with Guidance on DHS Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-09, which states that it is rescinding and canceling the 6/11/21 PM 21-25 that provided EOIR policies regarding the effect of DHS enforcement priorities and the use of prosecutorial discretion.
EOIR Reinstates Memo with Guidelines for Immigration Court Cases Involving Juveniles
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-10 rescinding and canceling the 12/21/23 Director’s Memorandum (DM) 24-01 and reinstating the 12/20/17 Operating Policies and Procedures Memorandum (OPPM) 17-03 with guidelines for immigration court cases involving juveniles.
Presidential Memo on Expanding Detention Center at Guantanamo Bay to Full Capacity
President Trump issued a memo on expanding the Migrant Operations Center at Naval Station Guantanamo Bay to full capacity to “provide additional detention space for high-priority criminal aliens unlawfully present in the United States.”
Executive Order on Enforcement of U.S. Immigration Laws
On 1/20/25, President Trump issued Executive Order (EO) 14159, which revokes proclamations from President Biden on enforcement, border processing, and family reunification, among others. (90 FR 8443, 1/29/25)
EOIR Rescinds and Cancels OPPM on Enforcement Actions in or near OCIJ Space
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-06, “Cancellation of Operating Policies and Procedures Memorandum 23-01,” which rescinds and cancels the 12/11/23 OPPM providing guidance on DHS enforcement actions in or near Office of the Chief Immigration Judge (OCIJ) space.
AILA Amicus Brief Explains that BIA Decisions are Not Entitled to Deference Post Loper Bright
In the wake of the Supreme Court's decision in Loper Bright, BIA decisions are not entitled to deference or special respect on judicial review, and earlier court decisions relying on Chevron deference to uphold BIA statutory interpretation should be reconsidered.
ICE Releases Statement on “Enhanced Targeted Operations” in Chicago
ICE issued a short statement that it, along with federal partners, including the FBI, ATF, DEA, CBP, and the U.S. Marshals Service, began conducting “enhanced targeted operations” on 1/26/25 in Chicago to “enforce U.S. immigration law and preserve public safety and national security.”
USCIS Provides Information on Certain TPS Recipients with Removal Orders Seeking Adjustment of Status
USCIS provided information on certain Temporary Protected Status (TPS) recipients with removal orders seeking adjustment of status, noting that they may, in certain cases, ask the ICE Office of the Principal Legal Advisor (OPLA) to consider joining in a joint motion to reopen proceedings.
CA9 Holds That Conviction in Nevada for Felony Battery Resulting in Substantial Bodily Harm Was Categorically a Crime of Violence
The court concluded that the petitioner’s conviction for felony battery resulting in substantial bodily harm under Nevada Revised Statutes (NRS) §200.481(2)(b) was categorically a crime of violence, and thus affirmed the BIA’s removability determination. (Villagomez v. McHenry, 1/24/25)
CA5 Finds That BIA Failed to Consider Critical Evidence in Its Likelihood-of-Torture Assessment as to Salvadoran Petitioner
The court held that the BIA’s apparent failure to consider the petitioner’s affidavits in connection with his country conditions evidence on El Salvador warranted remand for further consideration of his Convention Against Torture (CAT) claim. (Aguilar-Quintanilla v. McHenry, 1/24/25)
Seeking Stays of Removal
The American Immigration Council and the National Immigration Project have issued a new practice advisory, “Stays of Removal.” A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States.