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
Policy Brief: Hidden ICE-Run Immigration Courts Threaten Due Process
EOIR is scheduling immigration hearings in DHS-operated spaces not traditionally used as courts. This policy brief explores how the use of these hidden courts threatens due process and judicial independence and offers solutions to ensure immigration courts are independent of political interference.
AILA Submits Comment Opposing EOIR NPRM Allowing Immigration Judges to Impose Monetary Penalties for Findings of Contempt
AILA submitted a comment opposing a EOIR NPRM that would allow immigration judges to impose monetary penalties on private attorneys, clients, and witnesses in the courtroom who are found in contempt. AILA urges EOIR to withdraw the rule in its entirety.
EOIR Announces 47 Immigration Judges and 6 Temporary Immigration Judges
EOIR announced the investiture of 47 IJs and 6 temporary IJs who joined immigration courts in California, Florida, Georgia, Illinois, Indiana, Louisiana, Massachusetts, Michigan, New Jersey, New York, Tennessee, Texas, Utah, Virginia, and Washington.
Practice Alert: 1st Cir Affirms Vacatur of DHS Third Country Removal Policy in D.V.D. v. DHS; Continue Emergency Litigation & Monitor Removal
On 9/18/26, the 1st Circuit largely affirmed D.Mass vacatur of DHS’s third country removal (TCR) policy in D.V.D. v. DHS. It affirms key relief for the nationwide class, including the conclusion that DHS’s TCR policies are unlawful, while modifying the order on sequencing of countries for removal.
EOIR Releases Updated Fact Sheet on Observing Court Hearings
EOIR released an updated fact sheet on observing court hearings. Notably, this version permits people to observe web-only hearings over Webex. It explicitly states that observers will not be permitted to attend via Webex if the judge, respondent, or counsel is appearing in a physical courtroom.
BIA Holds That Cocaine Admission Bars Adjustment and That the Offense’s Essential Elements Need Not Be Explained Before the Admission
The BIA held that respondent’s admission to possessing and using cocaine made him inadmissible under INA §212(a)(2)(A)(i)(II) and thus ineligible for adjustment, and that he need not first be informed of the offense’s essential elements. Matter of Mendez Maldonado, 30 I&N Dec. 62 (BIA 2026)
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.
DHS Notice Extending the Finding of Mass Influx of Aliens
DHS notice stating that DHS Secretary Markwayne Mullin is further extending the “Finding of Mass Influx of Aliens” first issued on 1/23/25. This extension, dated 9/21/26, will expire in 180 days. (91 FR 59795, 9/21/26)
Practice Alert: ICE Detainee Locator No Longer Showing Final-Order Cases
AILA members are reporting that, as of mid-September 2026, the Immigration and Customs Enforcement (ICE) Online Detainee Locator System (ODLS) is no longer providing information on individuals with final removal orders. AILA is continuing to monitor the issue.
CA9 Holds Due Process Was Violated by In Absentia Order Where Sole Hearing Notice Went to Residential Address Provided on Bond Form
The court held that the government violated due process by ordering the petitioner removed in absentia after sending the only notice of his hearing to a residential address provided by third parties on a bond form that did not ask for a mailing address. (Meza Medina v. Blanche, 9/18/26)
BIA Overrules Matter of Kanga and Holds That Noncitizen Convicted of Aggravated Felony Is Inadmissible as Ineligible to Citizenship
The BIA held that a noncitizen convicted of an aggravated felony is inadmissible under INA §212(a)(8)(A) as an immigrant ineligible to citizenship, overruled Matter of Kanga, and held that its decision applies prospectively only. Matter of A–V–O–, 30 I&N Dec. 44 (BIA 2026)
CA2 Holds That Conspiracy to Violate Paragraph Four of 18 USC §1546(a) Is Categorically a CIMT
The court held that paragraph four of 18 USC §1546(a) categorically describes a crime involving moral turpitude (CIMT), including when a person presents a required immigration document knowing it lacks any reasonable basis in law or fact. (Nemis v. Blanche, 9/17/26)
Policy Brief: Unchecked ICE Violence Sweeps in More U.S. Citizens, People with Legal Status, and People Applying for Legal Status
Since the start of the Administration, ICE has been responsible for countless unlawful and violent abuses against immigrants and U.S. citizens, leading to serious injury and death. This policy brief highlights recent abuses and offers AILA’s solutions for reforming the system.
EOIR Notice of Extension and Revision of Form EOIR-59, Certification and Release of Records
EOIR 30-day notice of the extension and revision of Form EOIR-59, Certification and Release of Records. Revisions include a new field to collect parent or guardian name, removal of the term “noncitizen”, and updated links and privacy policy. Comments are due 10/13/26. (91 FR 57930, 9/11/26)
BIA Holds Declarants Need Not Be Made Available for Cross-Examination Before IJ Can Consider Declarations for Inter-Proceeding Comparison
The BIA held that redaction of personally identifying information from inter-proceeding declarations provides sufficient protection of the declarants’ privacy and that declarants need not be made available for cross-examination before comparison. Matter of V–S–A–, 30 I&N Dec. 37 (BIA 2026)
Think Immigration: How the Trump Administration Is Monetizing Immigration Enforcement on the Back End
AILA Member Gunda Brost describes recent efforts by the Trump Administration to impose fines on individuals and businesses, writing that such notices “are essentially legal proceedings—not simply bills” and that one must “respond in a timely manner or important rights could be lost.”
CA9 Holds That Persecutor Bar Contains No Implied Duress Defense
The court held that the persecutor bar contains no implied duress defense and that evidence of the petitioner’s ties to the Atonal Battalion in El Salvador, together with an unchallenged adverse credibility finding, supported application of the bar. (Perez-Castillo v. Blanche, 9/8/26)
CA7 Holds That Petitioner Failed to Exhaust Challenges to Essential Elements of Asylum, Withholding, and CAT Claims
The court held that the petitioner failed to exhaust administrative remedies because she did not adequately present to the BIA arguments challenging essential grounds for the denial of asylum, withholding of removal, and CAT protection. (Gonzalez Perez v. Blanche, 9/8/26)
CA2 Holds That CBP Has Authority to Reopen, Reconsider, and Rescind Reinstatement Orders
The court held that reinstatement orders are final orders of removal subject to review, that petitioner was not entitled to equitable tolling of his untimely petition, and that 8 CFR §103.5(a) authorizes CBP to reopen, reconsider, and rescind reinstatement orders. (Santos v. Blanche, 9/8/26)
EOIR Policy Memorandum (PM) 26-07 on In-Office Adjudicator Voluntary Transfer Policy
EOIR Acting Director Sirce E. Owen issued policy memorandum (PM) 26-07 establishing a uniform policy for the processing of voluntary, in-person duty station transfer requests by EOIR adjudicators.
BIA Holds That Maduro’s Removal from Power and Transfer of Executive Authority Constituted Changed Country Conditions in Venezuela
The BIA held that the removal of former President Maduro from power and the ensuing transfer of executive authority constituted a change in country conditions in Venezuela for purposes of assessing an applicant’s prospective fear of persecution. Matter of A–E–V–M–, 30 I&N Dec. 20 (BIA 2026)
CA9 Finds Agency Erred by Requiring Formal Affidavit and Corroboration for Motion to Reopen In Absentia Order
The court held that the agency erred by requiring a pro se petitioner to submit a separate formal affidavit or corroborating documentary evidence for a motion to reopen an in absentia order where his factual assertions were not inherently unbelievable. (Trigueros Quizar v. Blanche, 9/4/26)
BIA Holds That DHS May Mail NTA to Most Recent Address the Noncitizen Provided, Overruling Matter of G–Y–R–
The BIA held that, when mailing a Notice to Appear (NTA) by regular mail, DHS can rely on the most recent address the noncitizen provided, and that written notice of in absentia proceedings is sufficient if mailed to the most recent address provided. Matter of Diji, 30 I&N Dec. 1 (BIA 2026)
EOIR Training Documents on Handling Requests for Continuances
On September 2, 2026, EOIR conducted an online training that instructed immigration judges on handling requests for continuances. AILA has obtained documents from this training, which have not been released by EOIR.
CA9 Holds BIA Abused Its Discretion by Denying Petitioner Opportunity to Show That Attorney’s Factual Admission Was Untrue
The court held that the BIA abused its discretion by affirming the denial of the petitioner’s motion to amend a pleading without allowing the petitioner to present evidence that his attorney’s factual admission regarding his manner of entry was untrue. (Urias-Gaxiola v. Blanche, 9/2/26)