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
NPR: ICE Detained a Venezuelan Soccer Pro. His Case Shows the Immigration Backlog Crisis
Homero Calderón was arrested by ICE despite having pending applications with USCIS. AILA’s Shev Dalal-Dheini called his case “symbolic of so many other individuals who are stuck in processing backlogs … individuals doing the right thing by filing their applications timely.”
BIA Holds That Georgia Sentence “Clarification” Order Was Invalid for Immigration Purposes
The BIA held that a Georgia state court sentence “clarification” order issued by a different judge more than six years after the sentencing order and after respondent had been placed into removal proceedings was not valid for immigration purposes. Matter of Boye, 29 I&N Dec. 826 (BIA 2026)
Think Immigration: Prepping Paralegals in the Current Immigration Law Environment
AILA Paralegals Conference Chair Mo Goldman details the challenges in the current immigration law environment as major policy changes take effect, writing that "the requisites are becoming more stringent, and the chances of rejected filings or denials have increased exponentially."
Practice Alert: Federal Court Restores Key Protections for VAWA, U, and T Petitioners Facing ICE Detention
A federal court decision has temporarily restored important protections from arrest, detention, and removal for certain immigrant survivors with pending VAWA self-petitions, and U and T visa petitions.
SAVE and E-Verify Update on TPS for Somalia
SAVE and E-Verify issued updates on EADs for TPS-holders from Somalia. EADs issued under this TPS designation remain valid and are extended. SAVE and E-Verify will display an expiration date of 8/12/26. The updates supersede prior guidance.
CA1 Holds Substantial Evidence Supports No Nexus Where Robberies Were for Financial Gain and Threats Were Revenge
The court held that substantial evidence supported the BIA’s conclusion that no protected ground was a reason for petitioner’s harm, where robberies were for financial gain and threats were revenge, and thus upheld the denial of asylum and related claims. (Monzon Guzman v. Blanche, 8/7/26)
CA6 Holds That Serious-Nonpolitical-Crime Bar’s “Serious Reasons for Believing” Standard Requires Only Probable Cause
The court held that the serious-nonpolitical-crime bar’s “serious reasons for believing” standard requires only probable cause, and that substantial evidence supported the BIA’s conclusion that the government met its burden of establishing probable cause. (Spindola v. Blanche, 8/7/26)
New Edition of Kurzban’s Immigration Law Sourcebook Released by AILA
AILA is proud to release the 20th edition of Kurzban’s Immigration Law Sourcebook, the must-have resource filled with expert guidance helping readers navigate the labyrinthine U.S. immigration laws, including recent Supreme Court rulings and their impact.
CA5 Holds That Adverse Credibility Findings on Employment and Imprisonment as to Afghan Petitioner Were Unsupported
The court held that the agency’s adverse credibility finding as to the Afghan petitioner’s employment history and prior imprisonment was not supported by substantial evidence, and that the agency failed to meaningfully consider key evidence supporting his claims. (Eqbal v. Blanche, 8/6/26)
CA8 Holds That Departure Bar Is Invalid for Statutory Motions to Reopen and Rejects BIA’s Jurisdictional Limitation
The court held the departure bar regulation, 8 CFR §1003.2(d), conflicts with the motion to reopen statute, INA §240(c)(7), and thus found that the BIA abused its discretion in denying petitioner’s statutory motion to reopen and in holding it lacked jurisdiction. (Lacsina v. Blanche, 8/6/26)
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
CA11 Holds That an EOIR Disciplinary Complaint Satisfies Lozada’s Third Requirement
The court held an EOIR complaint satisfies Matter of Lozada’s third requirement, that substantial compliance satisfies Lozada’s procedural requirements, and that the BIA abused its discretion in denying reopening. (Pasqual-Andres v. Att’y Gen., 8/4/26)
CA4 Holds That IJ Denied Reasonable Opportunity to Show Third Country Removal Hardship Supporting Cancellation of Removal
The court held the IJ denied petitioner a reasonable opportunity under INA §240(b)(4)(B) to show third country removal would subject her citizen daughters to exceptional and extremely unusual hardship, and the BIA erred in rejecting her claim of procedural error. (Keita v. Blanche, 8/4/26)
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Featured Issue: Establishing a Fair and Independent Immigration Court
Immigration courts face a profound structural problem—they operate under DOJ and are therefore extremely vulnerable to political interference. This page collects resources, updates, and opportunities to advocate for establishing an independent immigration court with the Real Courts, Rule of Law Act.
CA5 Holds Equitable Tolling Is Not Appropriate and Dismisses Untimely Petition for Review
The court held that equitable tolling was not appropriate in the case and dismissed the petition for review of a reinstated removal order as untimely under INA §242(b)(1). (Saravia Martinez v. Blanche, 8/3/26)
CA2 Holds That IJs Need Not Make Adverse Credibility Finding Before Requiring Corroboration
The court held an IJ does not need to make an adverse credibility finding before requiring corroboration, that BIA forfeiture rulings are reviewed for abuse of discretion, and upheld the finding that the petitioner failed to establish a likelihood of torture. (Al Saidi v. Blanche, 8/3/26)
BIA Holds That Assisting a Child to Enter or Try to Enter in Violation of Law Triggers Good Moral Character Bar
The BIA held that the respondent was ineligible for cancellation because paying a smuggler to bring his child to the United States constituted assisting an alien to enter or try to enter unlawfully, triggering the good moral character bar. Matter of L–L–R–, 29 I&N Dec. 799 (BIA 2026)
Think Immigration: From Funding Fights to Accountability - AILA’s Work to Confront ICE and Border Patrol Abuses
AILA Government Relations Coordinator Joshua Rodriguez describes the ways AILA and members have remained dedicated and determined to defend the rights of immigrants amid growing unlawful abuses by ICE and Border Patrol.
EOIR Notice of Proposed Rulemaking Allowing Immigration Judges to Impose Monetary Penalties for Findings of Contempt
EOIR NPRM that would allow immigration judges to impose monetary penalties on individuals who are found in contempt. The proposed rule states that monetary penalties could be imposed on attorneys, defendants, and witnesses present in the courtroom. Comments are due 9/28/26. (91 FR 47979, 7/30/26)
CA1 Holds That Equitable Tolling Has No Role in Adjudicating Sua Sponte Motions to Reopen and BIA Overlooked Critical Evidence
The court held that the BIA misconstrued the petitioner’s sua sponte motion to reopen as a statutory motion, applied equitable tolling where it had no role, and overlooked critical evidence in concluding that he failed to show his conviction was vacated for a defect. (Kim v. Blanche, 7/30/26)
Think Immigration: Teaching in the Storm: Running an Immigration Clinic While Due Process and the Rule of Law Are Under Attack
AILA Rule of Law Task Force Member Kate Melloy Goettel describes how immigration law clinics today must navigate a rapidly changing legal landscape where due process and procedural guarantees are under attack, challenging both students and educators to adapt and maintain commitment to justice.
CA9 Holds That Age-Based PSGs Are Immutable as a Matter of Law and BIA Must Review Nexus Determinations De Novo
The court held that age-based particular social groups are immutable as a matter of law because asylum applicants cannot alter their age to escape persecution, and that the BIA erred in reviewing the IJ’s nexus finding for clear error rather than de novo. (Garcia Demetrio v. Blanche, 7/20/26)
USCIS Interim Final Rule on Affirmative Asylum Referrals Without Interview
USCIS interim final rule allowing asylum officers to refer certain asylum applications to EOIR without conducting an asylum interview. The rule is effective 7/28/26. Comments are due 9/28/26. (91 FR 47101, 7/28/26)
Practice Alert: Reports of Arrests at USCIS Asylum Office Interviews
AILA has received recent reports of DHS enforcement actions at USCIS asylum offices. In some cases, clients had criminal convictions or other past criminal issues, but in others there were no apparent criminal issues or other factors indicating why the person was targeted for arrest.