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
Resources Related to Case Challenging Credible Fear Interview and Bond Hearing Delays (Padilla v. ICE)
The U.S. District Court for the Western District of Washington issued an order granting the parties’ stipulated motion to dismiss Count IV of the complaint and granting final approval of the class action settlement for the Credible Fear Class. (Padilla v. ICE, 1/5/24)
CA5 Upholds Asylum Denial as to Salvadoran Petitioner Who Feared Threats from Her Alleged Rapist and MS-13 Gang Members (Withdrawn)
The court held that the petitioner had failed to show that the Salvadoran government would be unable or unwilling to control her persecutors, finding that the BIA adequately considered evidence of gang involvement in her claims. (Mejia-Alvarenga v. Garland, 1/3/24, withdrawn 3/8/24)
CA7 Upholds Adverse Credibility Finding Based on Inconsistencies Regarding Severity of Attack Against Petitioner in India
The court held that the BIA permissibly inferred that information missing from a physician’s report regarding petitioner’s attack by members of one of India’s political parties showed that the petitioner exaggerated the seriousness of his injuries at the hearing. (Singh v. Garland, 1/2/24)
Practice Alert: Nationwide Expansion of Family Expedited Removal Management
AILA summarizes policies and procedures currently implemented under the Family Expedited Removal Management (FERM) program, in which family units are processed for non-detained credible fear interviews at local USCIS offices.
ICE Provides its National Detainee Handbook
The ICE National Detainee Handbook is provided to individuals being housed in ICE-operated or contracted detention facilities. It is currently available in 15 languages.
Practice Alert: ICE Engagement Opportunity on Juvenile Docket
AILA shares information from ICE’s Office of Partnership & Engagement (OPE) on OPLA’s policies related to EOIR’s new juvenile dockets and how to rsvp for a forthcoming engagement opportunity.
CA8 Upholds BIA’s Denial of Equitable Tolling After Finding Petitioner Failed to Exhaust All Administrative Remedies
The court held that it lacked jurisdiction to review the BIA’s refusal to grant sua sponte relief and denied the petitioner’s request for equitable tolling, finding that the petitioner attempted to raise new arguments for the first time in his petition for review. (Essel v. Garland, 12/28/23)
CA9 Holds That Good-Cause Standard Governs BIA’s Denial of Petitioner’s Motion to Remand to Apply for Asylum
Granting the petition for review, the court found that the BIA abused its discretion in failing to properly evaluate whether the petitioner had established good cause for missing the filing deadline imposed by the IJ. (Alcarez-Rodriguez v. Garland, 12/28/23)
CA1 Finds BIA Erred by Concluding That Guatemalan Petitioner’s PSG Was Circular
The court held that the BIA erred by concluding that the Guatemalan petitioner’s particular social group (PSG) was circular, and also erred by failing to consider whether being a landowning farmer was one central reason for the persecution he experienced. (Espinoza-Ochoa v. Garland, 12/27/23)
CA9 Finds Petitioner’s Harassment Conviction in Washington Was Categorically for a Crime of Violence
The court held that petitioner’s harassment conviction in violation of Revised Code of Washington (RCW) §9A.46.020 was categorically for a crime of violence, thus rendering him ineligible for cancellation of removal, asylum, and voluntary departure. (Rodriguez-Hernandez v. Garland, 12/27/23
CA8 Upholds Denial of Motion to Reopen Based on Ineffective Assistance Where Petitioner Failed to Show Evidence of Persecutory Motive
The court found that the petitioner was not prejudiced by his counsel’s deficient performance, reasoning that the petitioner’s lack of knowledge as to who burned down his house in Guatemala foreclosed any reasonable likelihood of a persecutory motive. (Pascual-Miguel v. Garland, 12/27/23)
EOIR Issues Guidance for Children’s Cases
EOIR offers guidance for cases in which children are the lead or sole respondent in proceedings. This memo expands "special consideration" for children's cases beyond those solely designated as unaccompanied children and on specialized juvenile dockets. This DM supersedes and rescinds OPPM 17-03.
BIA Finds IJ Should Review USCIS’s Denial of Form I-751 upon Respondent’s Request
The BIA held that, given the respondent’s interest in securing review of a denial of a petition to remove the conditions on permanent residence, an IJ should ordinarily review the denial of a Form I-751 upon the request of the respondent. Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)
By the Numbers: Nationwide Expansion of Expedited Removal Will Endanger Millions of Mixed-Status Families Across the United States
AILA joined organizations who represent undocumented community members and their families in assessing the impact of proposals to expand expedited removal to the interior as part of congressional border supplemental package negotiations.
CA5 Says That Aggravated Sexual Assault with a Deadly Weapon under Texas Law Is a Crime of Violence
The court held that aggravated sexual assault with a deadly weapon under Texas law was a crime of violence and thus an aggravated felony for purposes of federal immigration law, and accordingly denied the petition for review. (Delgado-Victorio v. Garland, 12/18/23)
What Would Be the Impact of Expanding Expedited Removal Nationwide?
AILA provides a policy brief about why we oppose a nationwide expansion of expedited removal. It would undermine due process, not improve border security or border processing of migrants, and could be used for mass deportations that would be disastrous for American communities and the economy.
EOIR Issues Policy Memo on Enforcement Actions in or Near OCIJ Space
Chief Immigration Judge Sheila McNulty issued a policy memo entitled “Operating Policies and Procedures Memorandum 23-01: Enforcement Actions in or Near OCIJ Space,” providing updated guidance regarding enforcement actions by DHS in or near Office of the Chief Immigration Judge (OCIJ) space.
AILA Urges Focus on Actual Solutions for Border Security and Management
As negotiators reportedly consider significant changes to America’s asylum system as well as a nationwide expansion of expedited removal, AILA urges the Biden Administration to turn away from destructive proposals and stand by its original funding request.
CA6 Vacates Asylum Denial as to Guatemalan Petitioner Who Was Abused by Her Husband
The court held that the BIA had failed to consider possible mixed motives relating to the petitioner’s first two proposed social groups, and thus failed to fully consider whether she could prove that her persecution had a nexus to a protected ground. (Sebastian-Sebastian v. Garland, 12/8/23)
CA7 Finds Petitioner’s Kentucky Conviction for Complicity to Robbery in First Degree Was Aggravated Felony Crime of Violence
The court held that the BIA did not err in categorizing complicity to robbery in the first degree under Kentucky law as a crime of violence, and thus found that the petitioner was removable for having been convicted of an aggravated felony crime of violence. (Mwendapeke v. Garland, 12/7/23)
AILA Law Journal: An Article I Immigration Court
AILA shares an article by Mimi Tsankov from the fall 2023 edition of the AILA Law Journal, which discusses how an Article I court would help fix the broken and ineffective immigration court system.
AILA Law Journal, Vol. 5, Number 2, October 2023
The October 2023 edition of the AILA Law Journal is now available.
Pro Bono
Devoting time and professional skill to public service is a hallmark of the legal profession. Pro bono service is both professionally and personally rewarding, and AILA offers resources to assist members to locate opportunities as well as incorporate this service into their practices.
CA5 Says BIA Erred in Upholding Withholding of Removal and CAT Denial to Salvadoran Petitioner
The court held that the BIA misapplied prevailing case law, disregarded crucial evidence, and failed to adequately support its decisions in upholding the IJ’s denial of the petitioner’s withholding of removal and Convention Against Torture (CAT) claims. (Argueta-Hernandez v. Garland, 12/5/23)
CA8 Finds Petitioner’s Minnesota Conviction for Sexual Abuse of a Minor Was an Aggravated Felony
The court held that the BIA did not err in adopting the definition of sexual abuse of a minor in 18 USC §3509(a)(8) to determine that the petitioner’s Minnesota conviction for sexual abuse of a minor qualified as an aggravated felony for removal purposes. (Aguilar-Sanchez v. Garland, 12/4/2