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
AILA and Partners Send Letter to President Biden on Deportations to Haiti
AILA and partners sent a letter to President Biden urging the U.S. to stop all deportations to Haiti due to the deadly conditions in Haiti, particularly impacting those individuals who are ineligible for TPS, including those with past criminal convictions or criminal charges.
CA9 Upholds Asylum Denial to Sikh Petitioner with Mann Party Affiliation in India
The court held that substantial evidence supported the BIA’s conclusion that the harm petitioner suffered in India did not amount to past torture, and that he failed to show he would more likely than not face a clear probability of future torture. (Singh v. Garland, 9/14/22, amended 1/12/23)
FOIA Request Compels EOIR to Disclose Docketing Practices
EOIR discloses materials related to docketing practices, Pereira v. Sessions, the Uniform Docketing System Manual, and more in response to a FOIA request. Special thanks to AILA member Nico Ratkowski, who filed the FOIA.
BIA Holds That Stop-Time Rule Is Triggered Only by Service of Compliant NTA or Commission of Specified Criminal Offenses
The BIA held that the stop-time rule under INA §240A(d)(1) is not triggered by the entry of a final removal order, but rather only by service of a statutorily compliant Notice to Appear (NTA) or the commission of specified criminal offenses. Matter of Chen, 28 I&N Dec. 676 (BIA 2023)
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 1/1/23 and ending 3/31/23, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (88 FR 1321, 1/9/23)
CA7 Finds IJ’s Adverse Credibility Determination Was Supported by Findings Tied to Substantial Record Evidence
The court upheld the IJ’s adverse credibility finding as to the Bangladeshi petitioner, concluding that although some of the IJ’s conclusions lacked evidentiary support, on the whole, the decision was supported by findings that had a credible basis in the record. (Porosh v. Garland, 1/5/23)
DHS Announces New Border Enforcement Measures
DHS announced several new border enforcement measures in anticipation of the end of Title 42, including a new parole process for Cubans, Haitians, and Nicaraguans, a new mechanism for noncitizens to schedule appointments to present themselves at ports of entry, and more.
CA4 Finds That Subsection (A)(2) of Virginia Identity Theft Statute Qualifies as a CIMT
The court held that subsection (A)(2) of the Virginia identity theft statute qualified as a crime involving moral turpitude (CIMT) under INA §237(a)(2)(A)(ii), and that the BIA did not abuse its discretion in deciding petitioner’s case in a single-member opinion. (Salazar v. Garland, 1/3/23)
CA9 Vacates Denial of Motion to Reopen Where Petitioner Claimed She Never Received Notice Changing Date and Time of Hearing
The court vacated the denial of petitioner’s motion to reopen, holding that the IJ should have determined the credibility of petitioner’s claims of non-receipt of her hearing notice in light of all circumstantial and corroborating evidence in the record. (Perez-Portillo v. Garland, 12/30/22)
CA1 Concludes That Petitioner Did Not Generate a Genuine Issue of Material Fact Supporting His Claim of Derivative Citizenship
The court held that petitioner had not established a claim to derivative citizenship under any of the three provisions of INA §321—in effect when he was a minor—and thus found that he was removable as a noncitizen who had been convicted of an aggravated felony. (Robinson v. Garland, 12/28/22)
CA8 Says BIA Erred in Reversing IJ’s Decision to Grant CAT Protection to Salvadoran Petitioner
The court held that the BIA did not provide sufficient justification for its reversal of the IJ’s decision to grant Convention Against Torture (CAT) protection, because it failed to identify reasons that the IJ clearly erred in its factual findings. (Alvarez-Gomez v. Garland, 12/28/22)
CA1 Finds BIA and IJ Applied Appropriate Mixed-Motive Standard in Analyzing Petitioners’ Persecution Claim
The court found that the BIA’s and IJ’s decisions took due account of the possibility of a mixed-motive theory of persecution, and concluded that the petitioners had failed to show a nexus between their claimed persecution and their family membership. (Jimenez-Portillo v. Garland, 12/27/22)
Practice Alert: DOJ Indictment of Former ICE Officer in the ATD Program
DOJ announced a grand jury indictment against a former ICE officer on allegations that he coerced sex from victims he supervised in the Alternatives to Detention Program (ATD). AILA provides information on filing complaints against ICE and subcontractor personnel misconduct.
CA11 Finds Petitioner’s State Court Sentence Modification Order Had No Effect for Immigration Purposes
The court held that petitioner’s modification order did not change his term of imprisonment for purposes of federal immigration law, and thus that BIA correctly found he was an aggravated felon and was removable and ineligible for asylum. (Edwards v. Att’y Gen., 12/23/22, withdrawn 3/6/24)
AILA Leads Letter to Administration With Recommendations to Protect Asylum Seekers Whose Information Was Leaked
AILA led a group of legal service providers and coalition partners on sending a letter to ICE, EOIR, and RAIO on additional mitigation efforts to protect detained asylum seekers whose information was leaked in violation of privacy protections.
DHS Responds to AILA Letter Urging Detention Closures and Expansion
DHS provided a written response to a November 2, 2022, letter from AILA urging the closure of detention facilities, including all family detention facilities.
National Immigration Project Releases Crim-Imm Case Law Updates
The National Immigration Project of the National Lawyers Guild provides a resource designed to help immigration practitioners stay up to date on case law developments during 2022 in the area of immigration law and crimes.
Video Hearings in Immigration Court: “Knotty” Issues of Venue and Choice of Law
The National Immigration Project of the National Lawyers Guild provided this practice advisory on the different choices available for which circuit court should have venue over VTC removal hearings, and accordingly which circuit’s law applies.
EOIR Announces 11 New Immigration Judges
EOIR announced the appointment of 11 immigration judges to courts in Georgia, Illinois, New Jersey, New Mexico, New York, Pennsylvania, Virginia, and Washington.
The “Doctrine of Consular Nonreviewability” Explained
In a video blog post, AILA Law Journal authors Sabrina Damast and Eric Lee explain what the “Doctrine of Consular Nonreviewability“ is, why it is important to immigration lawyers, and the current state of the doctrine in federal court litigation.
CA5 Finds Persecutor Bar Applies to Eritrean Petitioner Who Impeded Escape of Persecuted Prisoners
The court upheld the BIA’s application of the persecutor bar as to the petitioner, finding that the record supported the BIA’s conclusion that the petitioner had assisted in persecution in Eritrea by impeding the escape of persecuted prisoners. (Gebrgzabher v. Garland, 12/19/22)
CA9 Says BIA Erred by Failing to Conduct Cumulative-Effect Review When Assessing Past Persecution
The court held that the BIA erred by failing to conduct cumulative-effect review when assessing the petitioner’s evidence of past persecution, finding that the agency improperly analyzed each of the petitioner’s categories of past harm in isolation. (Salguero Sosa v. Garland, 12/16/22)
Key Takeaways from AILA Meetings with DOJ Leadership
Summaries of meetings between AILA staff and coalition partners and DOJ leadership to raise AILA’s top immigration reform priorities. These meetings grew from the March 2021 letter AILA and partners sent to Attorney General Merrick Garland. The latest meeting occurred in July 2022.
CA8 Holds That IJ Properly Relied on Common-Sense Inferences in Finding That DHS Proved Petitioner’s Alienage
The court held that substantial evidence supported the IJ’s conclusion—affirmed and adopted by the BIA—that DHS had satisfied its burden to prove the Honduran petitioner’s alienage by clear and convincing evidence. (Escobar v. Garland, 12/15/22)
CA5 Holds That Petitioner Had No Legal Basis to Complain That Her Notice to Appear Was in English
The court found that there was no legal authority to support the petitioner’s assertion that the United States was required to provide notice of the petitioner’s hearing in any language other than English. (Platero-Rosales v. Garland, 12/15/22)