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 Final Rule on Application of Certain Mandatory Bars in Fear Screenings
DHS final rule amending its regulations to allow asylum officers to consider the potential application of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings. Rule is effective 1/17/25. (89 FR 103370, 12/18/24)
CA4 Holds It Lacks Jurisdiction to Consider Petitioner’s Waiver of Inadmissibility under INA §212(h)
The court held it was not permitted to review the BIA’s denial of petitioner’s inadmissibility waiver application, concluding that the BIA need not make an extreme hardship finding to deny an inadmissibility waiver application on discretionary grounds. (Salomon-Guillen v. Garland, 12/18/24)
CA5 Finds Petitioner’s NOH Gave Sufficient Notice under Recent Supreme Court Precedent
The court granted the government’s petition for rehearing in light of the U.S. Supreme Court’s decision in Campos-Chaves v. Garland, and found that the Notice of Hearing (NOH) had provided the petitioner with the notice required under INA §240(a)(2)(A). (Luna v. Garland, 12/17/24)
USCIS Provides Updated Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometrics and Biographic Information
USCIS updated its instructions for submitting certain applications in immigration court and for providing biometrics and biometric information to USCIS, noting that the instructions provide that I-589 applicants will no longer need to mail USCIS information to complete their biometrics collection.
BIA Holds That Circumstance-Specific Approach Applies to INA §101(a)(43)(D)’s $10,000 Threshold for Money Laundering Offenses
The BIA held that, in assessing whether an offense constitutes a money laundering aggravated felony under INA §101(a)(43)(D), the circumstance-specific approach applies to the requirement that the “amount of the funds exceeded $10,000.” Matter of Dominguez Reyes, 28 I&N Dec. 878 (BIA 2024)
CA1 Finds Multiple Inconsistencies and Omissions in Record Supported IJ’s Adverse Credibility Determination as to Congolese Petitioner
The court held that substantial evidence supported the BIA’s denial of asylum, where the BIA had expressly discussed four inconsistencies and omissions in comparing petitioner’s declaration, application, documentary evidence, and testimony before the IJ. (Mondzali Bopaka v. Garland, 12/13/24)
CA8 Holds That Conviction for Third-Degree Criminal Sexual Conduct in Minnesota Is Not Categorically a Rape Aggravated Felony
The court held that a conviction for third-degree criminal sexual conduct in Minnesota was not categorically an aggravated felony, and noted “deference to the Board … is now a relic of the past” due to the Supreme Court’s Loper Bright decision. (Quito-Guachichulca v. Garland, 12/9/24)
AILA Submits Statement for Senate Hearing on Mass Deportations
AILA submits a statement for the record for the 12/10/24 Senate hearing on mass deportation, "How Mass Deportations Will Separate American Families, Harm Our Armed Forces, and Devastate Our Economy."
CA1 Finds BIA Erred in Concluding Salvadoran Petitioner’s Asylum Claim Was Untimely
The court found that the BIA erred in rejecting the Salvadoran petitioner’s contention that he had satisfied the changed circumstances exception to the one-year deadline for filing an asylum application based on the development of his mental health issues. (Escobar Larin v. Garland, 12/5/24)
Practice Alert: Advocating for Clients in ICE's Alternatives to Detention Programs
AILA, AMICA Center for Immigrant Rights, and Just Futures Law provide a comprehensive resource for requesting changes to a client’s reporting and technology requirements enrolled in ICE’s Alternatives to Detentions program, including federal litigation options.
Practice Pointer: Recognizing Matter of Fernandes Issue, How and When to Raise It, and Other Considerations
AILA’s Removal Defense Section updates its practice pointer on Matter of Fernandes and considerations an attorney should keep in mind when raising an objection pursuant to Fernandes.
AILA Meets with USCIS to Discuss Technology, Policy, and Adjudication Updates
AILA's Liaison Committee will meet with USCIS in December 2024 to discuss family nad humanitarian applications and related processing, lockbox operations, and FY2026 H-1B cap registrations. Read the agenda.
CA9 Strikes Down Executive Order That Prohibited FBOs from Servicing ICE Charter Flights at Seattle Airport
The court affirmed the district court’s grant of summary judgment for the United States, concluding that a King County Executive Order (EO) prohibiting fixed base operators (FBOs) from operating ICE charter flights at Boeing Field was unconstitutional. (United States v. King County, 11/29/24)
CA4 Upholds BIA’s Conclusion That Petitioner’s Challenge to IJ’s Particularly Serious Crime Ruling Was Waived
The court upheld the BIA’s conclusion that the petitioner, who had been convicted in Maryland of an identity fraud offense, had not properly challenged the IJ’s determination that he had been convicted of a particularly serious crime barring asylum. (Lamine Kouyate v. Garland, 11/27/24)
Practice Pointer: Filing Administrative Complaints and Requesting Investigations on Behalf of Detainees
AILA provides a practice pointer on how to file an administrative complaint with DHS on behalf of detained and formerly detained noncitizens.
Practice Pointer: DOJ Regulations on Efficient Case and Docket Management in Immigration Proceedings
AILA's EOIR Committee provides a practice pointer on DOJ regulations that codified the ability of EOIR adjudicators to administratively close and terminate removal proceedings when certain standards are met.
CA1 Finds BIA Erred in Determining Record Evidence Was Insufficient to Establish Equitable Tolling
The court concluded that the BIA applied the incorrect legal standard, overlooked certain evidence, and departed from its precedent in determining that the petitioner was not entitled to equitable tolling of the deadline for her appeal to the BIA. (Diaz-Valdez v. Garland, 11/22/24)
Featured Issue: ICE’s Alternatives to Detention Program
This page explains ICE's ATD program, which monitors up to 376,000 non-detained individuals.
Think Immigration: A New Resource for Effective Immigration Court Advocacy
In this blog post, authors Michelle Méndez and Victoria Neilson discuss AILA’s newest book on trial skills and how it can help lawyers prepare and succeed in immigration court proceedings.
AILA's ICE Liaison Committee Meets with ICE
AILA’s ICE Liaison Committee will meet with ICE on November 21, 2024, to discuss topics related to NTA guidance, the CARECEN settlement, admin closure, transfer of detained clients, confiscation and return of original documents, and more. Read the full agenda and key takeaways.
AILA Submits Amicus Urging En Banc Rehearing on Issue of the Phrase "Single Scheme"
AILA submitted an amicus to the Ninth Circuit urging rehearing en banc on the issue of the phrase "single scheme" and addressing the appropriate standard for a three-judge panel to apply when deciding whether it is bound by circuit precedent that relied on Chevron after Loper Bright.
EOIR 60-Day Notice and Comment Request on Form EOIR-40
EOIR 60-day notice and comment request on Form EOIR-40, Application for Suspension of Deportation. Comments are due 1/21/25. (89 FR 91786, 11/20/24)
BIA Holds That Matter of Fernandes Applies Retroactively
The BIA held that Matter of Fernandes’s holding that an objection to a noncompliant Notice to Appear (NTA) will generally be considered timely if raised prior to close of pleadings is not a change in law. Matter of Larios-Gutierrez de Pablo and Pablo-Larios, 28 I&N Dec. 868 (BIA 2024)
Think Immigration: Children Should Not Face Immigration Court Alone
AILA Law Student Member Magdalena López Murphy explains the high stakes for children facing removal or deportation proceedings and the bipartisan effort to establish a children’s court within EOIR to ensure children have fair access to protections and obtain legal representation.
DHS Conducts Removal Flight to the People’s Republic of China
On 11/16/24, DHS, through ICE, conducted a charter removal flight to China, returning Chinese nationals without legal status in the U.S. This action underscores ongoing international cooperation to enforce immigration laws, curb smuggling, and reduce irregular migration.