Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

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

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.

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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

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.

Pre Jan 20, 2025 Status Current Status
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
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Federal Agencies, FR Regulations & Notices

DHS Notice Extending Finding of Mass Influx of Aliens

DHS notice stating that DHS Secretary Kristi Noem is extending the Acting Secretary of DHS’s 1/23/25 “Finding of Mass Influx of Aliens.” The finding will expire in 180 days. (90 FR 13622, 3/25/25

3/25/25 AILA Doc. No. 25032104. Admissions & Border, Removal & Relief
Cases & Decisions, Federal Court Cases

CA5 Finds BIA Did Not Act Ultra Vires When Temporary BIA Member Ordered Petitioner’s Removal

On remand from the U.S. Supreme Court, the court held that the petitioner’s ultra vires claim failed because he could not establish a statutory violation, and that even if a statutory violation were not required, he also failed to show a regulatory violation. (Ayala Chapa v. Bondi, 3/24/25)

3/24/25 AILA Doc. No. 25032601. Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Issues Memo Reinstating Prior Guidance on Use of Status Dockets in Immigration Court Proceedings

EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-27 rescinding and canceling the 10/4/22 Director’s Memorandum (DM) 23-01 and reinstating the 8/16/19 PM 19-13 on the use of status dockets in immigration proceedings.

3/21/25 AILA Doc. No. 25032102. Removal & Relief
Federal Agencies, FR Regulations & Notices

Presidential Proclamation Invoking Alien Enemies Act for Tren De Aragua

On 3/14/25, President Trump issued a proclamation invoking the Alien Enemies Act of 1798, targeting for immediate apprehension and removal members of Tren de Aragua (TdA), a transnational criminal organization and a designated Foreign Terrorist Organization from Venezuela. (90 FR 13033, 3/20/25)

3/20/25 AILA Doc. No. 25031702. Admissions & Border, Removal & Relief
Practice Resources

Practice Alert: Do You Have Clients Subject to the Alien Enemies Act?

On March 15, 2025, the Trump administration invoked the Alien Enemies Act (AEA), removing hundreds of accused gang members to El Salvador over the weekend despite a Temporary Restraining Order (TRO) issued Saturday evening. Please contact the AILA ICE Liaison Committee if you have affected clients.

3/19/25 AILA Doc. No. 25031907. Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Finds Petitioner’s Marijuana Conviction in North Dakota Rendered Her Removable

The court held that the petitioner’s North Dakota conviction for possession of marijuana with intent to deliver qualified as a controlled substance offense rendering her removable under INA §237(a)(2)(B)(i) and ineligible for cancellation of removal. (Salinas v. Bondi, 3/19/25)

3/19/25 AILA Doc. No. 25032163. Cancellation, Suspension & 212(c), Crimes, Removal & Relief
Policy Briefs

Policy Brief: The Alien Enemies Act

Read AILA's analysis of the Trump administration's recent use of the wartime authority, the Alien Enemies Act (AEA). This archaic authority was recently used to remove hundreds of alleged gang members to El Salvador without prior notice or due process.

3/18/25 AILA Doc. No. 25031831. Removal & Relief
Featured Issues

Featured Issue: National Security-based Immigration Enforcement

As the Trump Administration increases immigration enforcement on national security grounds, this page will track recent updates and news related to these actions.

3/18/25 AILA Doc. No. 25031802. Detention & Bond, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Says Time of Conviction Is Relevant in Determining Whether State Conviction Is Controlled Substance Offense

The BIA held that the time of conviction is the relevant point for determining whether a respondent’s state conviction is for a controlled substance offense under INA §237(a)(2)(B)(i), not the time the respondent’s removability is adjudicated. Matter of Dor, 29 I&N Dec. 20 (BIA 2025)

3/18/25 AILA Doc. No. 25031808. Crimes, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That an IJ May Not Deem an Asylum Application Abandoned Solely Because Respondent Did Not Submit a Declaration

The BIA held that because declarations are not a constituent part of an asylum application, a Form I-589 is not incomplete, and an IJ may not deem it abandoned, solely because the respondent did not submit one. Matter of C–A–R–R–, 29 I&N Dec. 13 (BIA 2025)

3/17/25 AILA Doc. No. 25031711. Asylum, Cancellation, Suspension & 212(c), Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Upholds Denial of Asylum Where BIA Concluded That Indian Petitioner Fabricated His Story

The court held that substantial evidence supported the BIA’s determination that the petitioner lacked credibility because his claim exhibited significant linguistic and factual similarities to other claims filed in the past by other asylum applicants from India. (Singh v. Bondi, 3/17/25)

3/17/25 AILA Doc. No. 25031909. Asylum, Removal & Relief
Agency Memos & Announcements, FR Regulations & Notices

DHS Launches International Ad Campaign on Self-Deportation and Undocumented Migration

DHS announced that, on 3/15/25, it launched its international, multimillion-dollar ad campaign warning undocumented individuals not to come to the United States. The ads will run on radio, broadcast, and digital platforms in multiple countries and regions and in various dialects.

3/15/25 AILA Doc. No. 25031701. Admissions & Border, Removal & Relief
Federal Court Cases

Resources on Litigation Challenging President Trump's Invocation of AEA

View the ACLU's webpage providing information on the lawsuit it filed along with Democracy Forward and the ACLU District of Columbia over President Trump's invocation of the Alien Enemies Act of 1798 (AEA). (J.G.G. v. Trump, 3/15/25)

3/15/25 AILA Doc. No. 25031803. Removal & Relief
Litigation Resources, Immigration News

ACLU and Democracy Forward Sue Trump Administration over Expected Invocation of Alien Enemies Act

Read the ACLU and Democracy Forward's press release about suing the Trump Administration over the President's "expected unlawful and unprecedented invocation of the Alien Enemies Act."

3/15/25 AILA Doc. No. 25031806. Removal & Relief
Featured Issues

Featured Issue: Immigration Detention and Alternatives to Detention

AILA calls on Congress to significantly reduce and phase out the use of immigration detention for enforcement purposes, including custodial family detention. Learn more about this issue and how you can join the effort.

3/14/25 AILA Doc. No. 24121300. Detention & Bond, Removal & Relief
Federal Agencies, FR Regulations & Notices

EOIR Notice of Information Collection on Form EOIR-31A

EOIR 60-day notice of proposed information collection on Form EOIR-31A, Request by Organization for Accreditation or Renewal of Accreditation of Non-Attorney Representative. Comments are due by 5/13/25. (90 FR 12178, 3/14/25)

3/14/25 AILA Doc. No. 25031404. Removal & Relief
Federal Agencies, FR Regulations & Notices

EOIR Notice of Information Collection on Form EOIR-31

EOIR 60-day notice of proposed information collection on Form EOIR-31, Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization. Comments are due by 5/13/25. (90 FR 12176, 3/14/25)

3/14/25 AILA Doc. No. 25031405. Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Finds It Lacked Jurisdiction to Review Denial of Cancellation Where IJ Found Petitioner Gave False Testimony

The court held that the IJ’s determination that the petitioner had given false testimony for the purpose of obtaining an immigration benefit was an unreviewable question of fact, and upheld the denial of cancellation of removal under INA §242(a)(2)(B). (Penaranda Arevalo v. Bondi, 3/7/25)

3/14/25 AILA Doc. No. 25031407. Cancellation, Suspension & 212(c), Removal & Relief
Policy Briefs

Policy Brief: Explaining the Foreign Policy Ground of Removability

The federal government’s arrest and detention of a Columbia University student, Mahmoud Khalil, has put a national spotlight on an obscure provision of immigration law. This policy brief explains this law and the constitutional and statutory concerns with the government’s actions against Khalil.

3/14/25 AILA Doc. No. 25031410. Detention & Bond, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Issues Policy Memo Canceling Director’s Memo on Internet-Based Hearings

EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-25 rescinding and canceling Director’s Memorandum (DM) 22-07, which provided guidance to IJs on internet-based video hearings, stating that the DM was “purposeless,” ultra vires, and contradictory of a prior PM.

3/14/25 AILA Doc. No. 25031415. Removal & Relief
Federal Agencies, Cases & Decisions

CA2 Remands After Finding IJ Improperly Applied Matter of M–A–M– Framework

The court held that the IJ improperly applied the Matter of M–A–M– framework to the petitioner’s case by failing to consider the character, scope, and severity of the petitioner’s disabilities and his competency to proceed at his hearing without safeguards. (Reid v. Bondi, 3/14/25)

3/14/25 AILA Doc. No. 25031905. Removal & Relief
Cases & Decisions, Federal Court Cases

CA7 Upholds Asylum Denial to Petitioner Who Feared Persecution in Uzbekistan Based on His Conversion to Catholicism

Where the petitioner challenged the denial of his asylum claim on untimeliness grounds, the court found that the “reasonable time” regulation was valid, and concluded that it lacked jurisdiction to consider the timing of the petitioner’s change in circumstances. (Gulomjonov v. Bondi, 3/14/25)

3/14/25 AILA Doc. No. 25031906. Asylum, Removal & Relief
Federal Agencies, Agency Memos & Announcements

ICE Releases Information on Arrests Made During First 50 Days of Trump Administration

ICE released information on arrests made during the first 50 days of the Trump Administration, reporting that the agency made 32,809 enforcement arrests during that time period.

3/13/25 AILA Doc. No. 25031302. Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Finds It Lacked Jurisdiction over BIA’s Denial of Waiver Based on Hardship Conclusion

The court dismissed the petition for review, holding it lacked jurisdiction to review the BIA’s determination that petitioner had failed to establish the extreme hardship to a qualifying relative for a waiver of inadmissibility under INA §212(a)(9)(B)(v), (i)(1). (Rahman v. Bondi, 3/13/25)

3/13/25 AILA Doc. No. 25031707. Removal & Relief, Waivers
Cases & Decisions, Federal Court Cases

CA1 Finds BIA Applied Wrong Burden of Proof in Finding DHS Had Established Petitioners’ Alienage

The court held that the IJ and BIA applied the wrong burden of proof in concluding that DHS had established petitioners’ alienage by “clear and convincing” evidence, finding that the agency was instead required to use the “clear, unequivocal, and convincing” standard. (Rosa v. Bondi, 3/13/25)

3/13/25 AILA Doc. No. 25031904. Removal & Relief