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
CA6 Remands Asylum Claim of Honduran Petitioner After Finding BIA’s Analysis of Two of Her Proposed Social Groups Was Flawed
The court held that the BIA’s decision with respect to two of the petitioner’s proposed social groups—namely, “rural landowners or farmers” and “single mothers living without male protection”—was not supported by substantial evidence. (Turcios-Flores v. Garland, 5/5/23)
CA5 Remands Where BIA Failed to Perform Proper CIMT Analysis
The court held that the BIA should have analyzed whether the minimum conduct that would reasonably lead to a conviction under the petitioner’s statute of conviction was a crime involving moral turpitude (CIMT), not whether her actual conduct was a CIMT. (Zamaro-Silverio v. Garland, 5/4/23)
USCIS Will Provide Documents After Notice of Immigration Judge and BIA Decisions about Immigration Status
USCIS announced that it will affirmatively create and provide documented evidence of status to certain new asylees and lawful permanent residents upon receiving notification that an immigration judge or the BIA has granted status.
Practice Pointer: Fixing Erroneous Addresses
A practice pointer on what to do when your organization’s address is erroneously used on immigration documents, or when you suspect this happened to your client.
CA8 Finds Guatemalan Petitioner’s Proposed Social Group of “Witnesses Who Cooperate with Law Enforcement” Lacked Social Distinction
The court held that the BIA did not err in concluding that the petitioner’s proposed social group—“witnesses who cooperate with law enforcement”—was not socially distinct, and that the petitioner was thus ineligible for asylum and withholding of removal. (Oxlaj v. Garland, 5/3/23)
CA5 Finds It Lacks Jurisdiction to Review BIA’s Hardship Determination as to Mexican Petitioner
Where the Mexican petitioner sought cancellation of removal based on the hardship his removal would cause his family, the court found that binding circuit precedent compelled it to conclude that it lacked jurisdiction to review the BIA’s hardship determination. (Perez v. Garland, 5/2/23)
DOJ Guidance for Federal, State, Tribal, Local, and Territorial Law Enforcement Agencies on Best Practices for Providing Official Notification of Deat
DOJ issued guidance for federal, state, tribal, local, and territorial law enforcement agencies on best practices for providing official notification of deaths in custody.
CA1 Upholds Denial of Asylum to Guatemalan Petitioner Who Supported the FCN Political Party
The court held that substantial evidence supported BIA’s conclusion that the Guatemalan petitioner, a member of the FCN political party, had not shown that he suffered past persecution due to his political opinion or that he would suffer future persecution. (Santos Garcia v. Garland, 4/28/23)
CA1 Finds Indian Petitioner Did Not Derive U.S. Citizenship as a Child Under Former INA §321(a)
Applying the petitioner’s proposed reading of former INA §321(a)(5) to the facts, the court concluded that the petitioner’s permanent residence application did not show the intent to reside permanently, and thus upheld DHS’s final administrative removal order. (Sharma v. Garland, 4/28/23)
BIA Rules on Transcript of a Plea Colloquy
The BIA dismissed the appeal and held that under the modified categorical approach, an Immigration Judge may consider the transcript of a plea colloquy in determining the factual basis of a plea. Matter of Cancinos-Mancio, 28 I&N Dec. 708 (BIA 2023)
AILA Key Takeaways from the Spring Conference Open Forum with EOIR
AILA’s EOIR National Liaison Committee provides key takeaways from the open forum with EOIR at AILA’s Spring Conference.
CA7 Upholds Cancellation Denial to Petitioner Who Had Been Convicted of Battery Against the Mother of His Daughter in Wisconsin
The court found that petitioner’s conviction in Wisconsin for battery arising from an attack on the mother of his daughter was a crime of violence, and that he had not shown the absence of a disqualifying conviction under INA §237(a)(2)(E)(i). (De Jesus Caldera-Torres v. Garland, 4/27/23)
AILA Key Takeaways from Spring Conference Open Forum with BIA
AILA’s EOIR National Liaison Committee provides key takeaways from the open forum with the BIA at AILA’s Spring Conference.
EOIR Announces Appointment of Sheila McNulty as Chief Immigration Judge
EOIR announced the appointment of Sheila McNulty as the Chief Immigration Judge. Judge McNulty has served EOIR since 2010, including as part of the Office of the Chief Immigration Judge leadership for the past 6.5 years.
Practice Alert: Choice of Law in Removal Proceedings after Matter of Garcia
The ICE Committee provides a practice alert on Matter of Garcia, which addresses the increased use of video teleconference hearing and different geographic locations of the IJs, courts, and non-citizens as it relates to venue and what circuit court law to apply.
AILA ICE Liaison Committee Meeting with ICE
AILA’s ICE Liaison Committee provides meeting minutes with ICE responses from the committee’s 4/26/23 liaison engagement with the agency. Topics include OPLA non-appearance, ERO check-in procedures, and related problems with Notices to Appear.
CA3 Finds Guatemalan Petitioner with SIJ Status Was Not Paroled for Purposes of Removal
The court found that the petitioner’s Special Immigrant Juvenile (SIJ) status did not exempt him from removal, reasoning that the plain language of INA §245(h)(2) shows that SIJ parole applies only for adjustment of status, not for purposes of removal. (Cortez-Amador v. Att’y Gen., 4/25/23)
CA4 Upholds CAT Denial to Bisexual Man and Former Gang Member Petitioner from Jamaica
The court found that petitioner, a bisexual man and former gang member, had not shown the requisite likelihood that he would be tortured if returned to his home country of Jamaica, and thus upheld the agency’s denial of his Convention Against Torture (CAT) claim. (Kerr v. Garland, 4/24/23)
CA5 Upholds BIA’s Determination That Visa Fraud Waiver Could Not Overcome Grounds for Petitioners’ Removal
The court held that the visa fraud waiver did not reach the petitioners’ grounds for removal, that it lacked jurisdiction over the claims the BIA did not reach, and that the petitioners failed to show a violation of their due process rights. (Reese v. Garland, 4/24/23)
CA2 Rejects Petitioner’s Argument That BIA Impermissibly Engaged in Factfinding in Characterizing His Criminal History
The court found that the BIA did not second-guess the IJ’s factual findings, but instead conducted a de novo reweighing of the equities based on the facts found by the IJ, and thus properly exercised its discretion to deny cancellation of removal. (Hernandez v. Garland, 4/21/23)
CA5 Finds That Habeas Corpus Petitions Are Hybrid Actions for Purposes of the EAJA
Denying the appellants’ motion for attorney’s fees, the court held that habeas corpus petitions are not purely civil in nature but rather are hybrid actions, and therefore do not unequivocally fall under the text of the Equal Access to Justice Act (EAJA). (Gomez Barco v. Garland, 4/20/23)
Practice Alert: Key Takeaways on the Credible Fear Interviews in Customs and Border Protection Custody
AILA provides a practice alert regarding DHS changes to how and when credible fear interviews occur for individuals processed under Title 8 expedited removal.
ICE Launches Online CeBONDS Capability to Automate Bond Payments
ICE announced the implementation of Cash Electronic Bonds Online (CeBonds), a web-based system aimed to provide a fully automated online platform for requesting verification of bond eligibility, making cash immigration bond payments, and sending electronic notifications to cash bond obligors.
USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-212
USCIS 60-day notice and request for comment on proposed revisions to Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. Comments are due 6/20/23. (88 FR 23682, 4/18/23)
Practice Pointer: Motions to Withdraw and Substitute Counsel
The EOIR Liaison Committee provides a practice pointer for attorneys moving to withdraw as counsel of record for cases pending in the EOIR system and respondents who may decide to change counsel.