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 Releases Statistics on BIA Case Appeals Filed, Completed, and Pending
EOIR released statistics from FY2008 to FY2020 for appeals filed, completed, and pending with the BIA from completed removal, deportation, exclusion, asylum-only, and withholding-only proceedings. In FY2020, 51,250 appeals were filed and 84,673 appeals were pending.
EOIR Releases Historical Data on New Cases and Total Completions
: EOIR released historical data, from FY1983 through FY2020, for initial receipts of new removal, deportation, exclusions, asylum-only, and withholding-only cases, and total case completions.
EOIR Released Statistics on FOIA Receipts
EOIR released statistics on Freedom of Information Act (FOIA) receipts from FY2013 through FY2020. In FY2020, EOIR had 49,468 FOIA receipts.
EOIR Released Statistics on In Absentia Removal Orders in Cases Originating with a Credible Fear Claim
EOIR released data on in absentia removal orders issued in cases originating with a credible fear claim from FY2008 through FY2020. In FY2020, EOIR issued 7,322 in absentia removal orders in cases originating with a credible fear claim.
AILA and Partners Submit Amicus Brief in Matter of A-M-R-C-
AILA and partners submitted an amicus brief arguing that the Attorney General should vacate the referral order in Matter of A-M-R-C- which would require reopening A-M-R-C-‘s removal proceedings, an action that the AG cannot lawfully take, and that would harm national interests.
District Court Dismisses Lawsuit Over Unaccompanied Minors’ Access and Right to Abortions
The court agreed to dismiss a lawsuit after ORR changed its policy to block unaccompanied minors in its custody access to abortions and under the dismissal will no longer interfere in unaccompanied minors’ efforts to obtain this procedure. (J.D., et al., v. Azar, et al., 9/29/20)
DHS OIG Says CBP Did Not Adequately Oversee FY2019 Appropriated Humanitarian Funding
DHS OIG released a report saying that CBP did not adequately use the funds it received in FY2019 to address the needs of migrants in custody. CBP did not ensure the funds were used to purchase items that met migrants’ basic needs and cannot account for funds provided for medical care for migrants.
BIA Rules on Expert Witness Testimony
The BIA ruled that in assessing whether to admit expert witness testimony, an IJ should consider whether it is sufficiently relevant and reliable, and if it is admitted, how much weight it should receive, and how probative and persuasive it is. Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)
AILA, the Council, and the Immigration Justice Campaign Submit Comments Opposing Proposed EOIR Rule on Appeals
AILA, the American Immigration Council, and the Immigration Justice Campaign submitted comments opposing a proposed rule that would strip the BIA of the ability to make a reasoned decision on a fully-developed record and block respondents from mounting an effective appeal.
ICE Issues Guidance on COVID-19
ICE updated its guidance on its response to the COVID-19 pandemic, including on how it has modified its enforcement efforts during COVID-19. ICE stated that it is “confident” that its officers “can properly and safely carry out operations.”
Senate Bill: End Transfers of Detained Immigrants Act
On 9/25/20, Senator Bennett (D-CO) introduced the End Transfers of Detained Immigrants Act to prohibit transfers of individuals between ICE facilities and federal, state, and local facilities, to ensure physical distancing inside ICE facilities, and for other purposes. AILA endorses this bill.
CRCL Issues Recommendations Memo Concerning the Richwood Correctional Center
CRCL investigated the conditions of detention for ICE detainees at the Richwood Correctional Center. CRCL identified issues with and made recommendations to mental health care, mental health documentation, translation access, food service, and more.
South Florida Miami EOIR Standing Order 20-01 of the Immigration Court Regarding Telephonic Appearances and Page Limitations for Electronic Filings
Miami EOIR Standing Order regarding telephonic appearances for master calendar case before the Krome Immigration Court and Broward Transitional Center effective September 24, 2020.
CA9 Overrules Minto v. Sessions and Concludes Resident of CNMI Is Not Removable Under INA §212(a)(7)(a)(i)
The en banc court overruled Minto v. Sessions, holding that the petitioner, who was present in the Commonwealth of the Northern Mariana Islands (CNMI) when the INA became applicable there, was not removable under INA §212(a)(7)(a)(i). (Torres v. Barr, 9/24/20)
EOIR Proposed Rule on Procedures for Asylum and Withholding of Removal
EOIR proposed rule making changes to the regulations on asylum and withholding of removal. Comments are due 10/23/20. (85 FR 59692, 9/23/20)
CA1 Finds “Wealthy Immigrants Returning to Jamaica” Is Not a Cognizable Particular Social Group
The court held that the petitioner’s withholding of removal claim failed, because it found that “wealthy immigrants returning to the country of Jamaica” did not form a cognizable particular social group. (Lee v. Barr, 9/22/20)
CA8 Finds BIA Did Not Abuse Its Discretion in Denying Petitioner’s Motion to Reopen Based on Ineffective Assistance
The court upheld the BIA’s denial of the petitioner’s motion to reopen, finding that the petitioner had not substantially complied with the requirements in Matter of Lozada for reopening removal proceedings based on alleged ineffective assistance of counsel. (Avitso v. Barr, 9/22/20)
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-27
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 10/22/20. (85 FR 59549, 9/22/20)
DOJ OIG Releases Report on EOIR’s Recognition and Accreditation Program
DOJ OIG released a report on EOIR’s Recognition and Accreditation Program, finding that OLAP should improve program oversight and administration due to weakness in its controls for approving or rejecting applications, monitoring activities of accredited representatives, and investigating misconduct.
EOIR Resumes Hearings in Non-Detained Cases at the Los Angeles Immigration Courts
EOIR announced that it resumed non-detained individual (merits) hearings and master calendar dockets involving small numbers of respondents at the three Los Angeles immigration courts on September 21, 2020. The option to file by email at these courts will end on November 20, 2020.
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm from Brother Involved in Narcotics Trafficking
The court held that the record supported the BIA’s and IJ’s conclusion that family ties did not motivate the petitioner’s persecution at the hands of his adopted older brother, even though those ties brought the petitioner into proximity with his persecutor. (Loja-Tene v. Barr, 9/21/20)
District Court Orders DHS to Stop Detaining Certain Minors in Hotels for More Than Three Days
The district court ordered DHS to stop placing minors detained pursuant to a public health order under Title 42 in hotels, except for brief hotel stays of no longer than 72 hours in the process of expelling them from the United States. (Flores, et al. v. Barr, et al., 9/21/20)
House Committee on Homeland Security Releases Report Saying ICE Detention Facilities Fail to Meet Basic Standards of Care
The House Committee on Homeland Security released a report finding that DHS fails to effectively identify and correct deficient conditions at ICE detention facilities, and that facilities frequently fail to meet basic standards of care, including mental and physical care of the migrants in custody.
CA2 Finds Petitioner’s Conviction in New York for Sexual Abuse in the First Degree Was an Aggravated Felony
The court held that the petitioner’s conviction under New York Penal Law §130.65(3) for sexual abuse in the first degree constituted an aggravated felony under INA §101(a)(43)(A). (Rodriguez v. Barr, 9/18/20)
CA2 Says Conviction for Third-Degree Criminal Possession of Stolen Property in New York Is an Aggravated Felony
The court upheld the BIA’s determination that the petitioner’s conviction for third-degree criminal possession of stolen property in violation of New York Penal Law §165.50 was an aggravated felony offense under INA §101(a)(43)(G). (Santana v. Barr, 9/18/20)