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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Practice Alert: Information on New Temporary Immigration Judges

AILA National shares a practice alert with information on twenty-five recently appointed temporary immigration judges (TIJ) who began adjudicating cases on 10/27/25. Available information includes judge name, court of practice, personal biographies, and more.

11/6/25 AILA Doc. No. 25110608. Removal & Relief
Immigration News

NPR: A Deep Dive into the Trump Administration's Firing of Immigration Judges

NPR reports that the Trump Administration is firing scores of immigration judges and bringing on dozens of others, as it seeks to boost mass deportations. In this five-minute-long listen (transcript also provided), NPR analyzes patters in hiring and firing.

11/5/25 AILA Doc. No. 25110607. Removal & Relief
Practice Resources

Practice Alert: What Happens When the Government Shuts Down?

AILA National shares information on how federal agencies may be affected as a result of the government shutdown. This page will continue to be updated as more information is received.

11/3/25 AILA Doc. No. 25092403. Business Immigration, Family Immigration, Removal & Relief
Practice Resources

Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1

The Asylum and Refugee Committee, in coordination with the EOIR Committee, are issuing this practice alert to clarify the H.R.1-imposed fees on new and pending asylum applications. This document will continue to be updated with any new or updated guidance.

10/31/25 AILA Doc. No. 25093006. Asylum & Refugees, Removal & Relief
AILA Blog

Staying Brave is Hard for Immigrants and Attorneys Alike

AILA Elected Director Heather Prendergast describes a recent consultation that deeply affected her as a young Venezuelan couple faces detention and removal after a routine traffic stop upended their lives.

10/31/25 AILA Doc. No. 25103161. Asylum & Refugees, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That Asylum Seekers Must Prove “More Likely Than Not” Persecution in Third Country to Overcome ACA Bar

The BIA held that respondents subject to an asylum cooperative agreement (ACA) must prove by a preponderance of evidence they will more likely than not be persecuted or tortured in the third country to avoid the safe third country bar. Matter of C–I–G–M– & L–V–S–G–, 29 I&N Dec. 291 (BIA 2025)

10/31/25 AILA Doc. No. 25103162. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA4 Finds BIA Failed to Meaningfully Consider Country-Conditions Evidence Regarding Violence Against Women in Honduras

The court held that the BIA abused its discretion by failing to fully consider the country-conditions evidence that the Honduran petitioner put forth to support her claims for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Alfaro-Zelaya v. Bondi, 10/31/25)

10/31/25 AILA Doc. No. 25110400. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA11 Upholds Petitioner’s Removability Based on Florida Conviction for Child Neglect

The court upheld the removability of the petitioner, finding that his Florida conviction for engaging in an act of culpably negligent child neglect that did not result in serious injury constituted a “crime of child abuse” under INA §237(a)(2)(E)(i). (Bastias v. Att’y Gen., 10/30/25)

10/30/25 AILA Doc. No. 25110402. Crimes, Removal & Relief
Featured Issues

Featured Issue: U.S. Immigration Courts under Trump 2.0

The U.S. immigration court system plays a critical role in ensuring due process and fair hearings for people facing deportation. But the Trump Administration has made significant changes that challenge the integrity of these courts. On this page, you will find news and resources on these changes.

10/29/25 Removal & Relief
Examples & Questions

Call for Examples: Documenting Due Process in Immigration Courts

AILA is collecting examples from practitioners to illustrate the real-world impact of recent immigration court policies and practices. Your responses will help us document systemic problems to strengthen our advocacy efforts and provide a clearer picture of how these policies affect people in court.

10/28/25 AILA Doc. No. 25102804. Removal & Relief
Client Flyers

Client Flyer: Deferred Action for Childhood Arrivals (DACA)

AILA provides an updated flyer to share with clients with the most up to date information considering active litigation and government shutdown.

10/24/25 AILA Doc. No. 21031835. DACA, Deferred Action, Removal & Relief
Practice Resources

Practice Pointer: USCIS Transition to “Electronic Payments” and Implements ACH Debit Payment Option for Filing Fees

Please note that, due to inconsistencies in USCIS's initial communications about this change, earlier communications from AILA stated October 28 was the last day for paper-based payments; however, USCIS has confirmed to AILA that only electronic payments will be accepted beginning on October 28.

10/24/25 AILA Doc. No. 25093003. Business Immigration, Family Immigration, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Announces 11 Immigration Judges and 25 Temporary Immigration Judges

EOIR announced the investiture of 11 immigration judges and 25 temporary immigration judges in California, Connecticut, Florida, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Missouri, New York, North Carolina, Tennessee, Texas, Utah, Virginia, and Washington.

10/24/25 AILA Doc. No. 25102703. Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Holds That Qualifying “Child” Must Be under 21 When Cancellation Application Is Adjudicated

The court held that a qualifying “child” under INA §240A(b)(1)(D) must be under 21 at the time the cancellation of removal application is adjudicated, rejecting petitioner’s claim that his daughter’s age at the time of filing or the hearing should control. (Yupangui-Yunga v. Bondi, 10/24/25)

10/24/25 AILA Doc. No. 25102802. Cancellation, Suspension & 212(c), Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Denies Motion to Stay Removal Where Petitioners Failed to Show Likelihood of Success or Irreparable Harm

The court denied the petitioners’ motion to stay removal pending disposition of their petition for review, finding they failed to show a likelihood of success on their asylum and related claims or particularized irreparable harm under Nken v. Holder. (Rojas-Espinoza v. Bondi, 10/24/25)

10/24/25 AILA Doc. No. 25102803. Asylum & Refugees, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That IJs Lack Authority to Terminate Withholding-Only Proceedings

The BIA concluded that discretionary termination of an applicant’s withholding-only proceedings is prohibited by 8 CFR §1208.2(c)(3)(i). Matter of J–A–N–M–, 29 I&N Dec. 287 (BIA 2025)

10/23/25 AILA Doc. No. 25102400. Removal & Relief
Practice Resources

Practice Pointer: Pretermission of Asylum Applications: New Case Law and Policy Developments

Practice pointer on new threats to due process regarding expanding efforts to pretermit asylum claims without hearings—citing new BIA precedent and policy targeting Central/South Americans.

10/22/25 AILA Doc. No. 25102201. Asylum & Refugees, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

Attorney General Reinstates Matter of Negusie, Reaffirming No Duress Exception to Persecutor Bar

The AG vacated the stay of the BIA’s 2021 order and reinstated Matter of Negusie, which held that the bar to asylum eligibility for noncitizens who have engaged or assisted in the persecution of another does not contain a duress exception. Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025)

10/22/25 AILA Doc. No. 25102300. Asylum & Refugees, Removal & Relief
AILA Announcements

Take Action Protect Families and Stop the Administration’s Abuse of Immigration Courts

The Administration is undermining the integrity of the U.S. immigration courts by prioritizing speed and enforcement over fairness and accuracy. Use AILA’s Advocacy Tool to demand Congress to stop the Administration’s Abuse of Immigration Courts.

10/21/25 AILA Doc. No. 25102106. Removal & Relief
Featured Issues

Featured Issue: National Security-based Immigration Enforcement

Since taking office, the Trump Administration has weaponized alleged threats to national security to justify sweeping and punitive immigration enforcement actions. This page will track recent updates and news related to these actions.

10/17/25 AILA Doc. No. 25031802. Detention & Bond, Removal & Relief
Examples & Questions

Call for Examples: Defending Asylum - Collecting Stories for Advocacy (including Dismissals and Pretermissions)

AILA is collecting stories and data of asylum seekers who have been harmed or deeply impacted by changes in policy. We are particularly focused on people whose claims have been dismissed or pretermitted in either USCIS or immigration courts since 1/22/25.

10/17/25 AILA Doc. No. 25101707. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Upholds Denial of Motion to Reopen Where Petitioner Failed to Establish Prima Facie Eligibility for Voluntary Departure

The court held that the BIA did not err in denying the petitioner’s motion to reopen to seek voluntary departure, finding that he failed to provide sufficient evidence to establish a prima facie case that he had the means to depart to Guatemala. (Pastor-Hernandez v. Bondi, 10/17/25)

10/17/25 AILA Doc. No. 25102301. Removal & Relief
Policy Briefs

Policy Brief: Critical Threats Endanger Due Process in Immigration Courts

Recent policy changes made to the immigration courts prioritize speed and enforcement over fairness, efficiency, and accuracy. These decisions raise critical due process concerns and produce fewer safeguards to error. This brief overviews these policy changes and recommendations for improvement.

10/16/25 AILA Doc. No. 25101602. Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Upholds IJ’s Adverse Credibility Finding Where Petitioner’s Marriage Fraud Was Not Central to His Asylum Claim

The court held that substantial evidence supported IJ’s adverse credibility finding based on petitioner’s marriage fraud to obtain immigration status, which, although not directly related to his persecution claim, was sufficient for the IJ to find him not credible. (Ani v. Bondi, 10/16/25)

10/16/25 AILA Doc. No. 25102200. Asylum & Refugees, Removal & Relief
Federal Agencies

Declarations for Unaccompanied Minors Accepting Voluntary Departure

Federal agencies are asking unaccompanied children to sign a form declaration that waives various rights and legal protections as a condition of accepting voluntary departure.  AILA has obtained and transcribed two versions of this form.

10/15/25 AILA Doc. No. 25101503. Removal & Relief, Unaccompanied Children