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
FOIA Reveals EOIR’s 2018 IJ Training, Court Performance Measures Adjournment Codes
AILA and the American Immigration Council obtained via FOIA EOIR’s training materials on Court Performance Measures Adjournment Codes from the June 2018 Legal Training Program for immigration judges.
AILA Issues Vote Recommendation on H.R. 6
AILA urges members of Congress to vote YES on Representative Lucille Roybal-Allard’s (D-CA) American Dream and Promise Act (H.R. 6), which would offer Dreamers and TPS/DED recipients protection from deportation and allow contribution to economic growth.
Practice Alert: EOIR Policy Memo, No Dark Courtrooms
AILA issued a practice alert on EOIR’s policy memo, No Dark Courtrooms, effective Wednesday, 5/1/19. This memo formalizes EOIR’s policy of “no dark courtrooms” and directs “OCIJ managers to ensure…that all blocks of available immigration court time are being utilized for scheduling cases.”
CA7 Says LPR Convicted of Unlawful Possession of Xanax Pills Without a Prescription in Illinois Is Not Removable
The court held that the Illinois criminal law under which the lawful permanent resident (LPR) petitioner had been convicted of unlawful possession of Xanax pills was not divisible, and thus found that the petitioner’s conviction did not render him removable. (Najera-Rodriguez v. Barr, 6/4/19)
H.R. 6: American Dream and Promise Act of 2019
On March 12, 2019, Rep. Roybal-Allard (D-CA) introduced H.R. 6 to allow Dreamers, TPS recipients, and Deferred Enforced Departure (DED) recipients to apply for permanent legal status. On June 4, 2019, H.R. 6 passed the House of Representatives by a recorded vote of 237–187. AILA endorses this bill.
BIA Holds Florida Grand Theft Not a CIMT
Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014 is not a CIMT because text of statute itself creates realistic probability of prosecutions for joyriding. Special thanks to IRAC. (Matter of Artiles Valdes, 6/4/19)
BIA Terminates Proceedings Following Grant of T Status
Unpublished BIA decision terminates proceedings upon finding that grant of T status qualifies as an admission rendering respondent no longer inadmissible under INA 212(a)(6)(A)(i). Special thanks to IRAC. (Matter of E-A-M-Z-, 6/4/19)
BIA Rescinds In Absentia Order Against Respondent Stuck in Security Line
Unpublished BIA decision rescinds in absentia order against respondent who was standing in line at Miami Immigration Court at 7:50 am but did not reach courtroom until 8:15 am. Special thanks to IRAC. (Matter of O-A-M-A-, 6/4/19)
Supreme Court Rejects Government’s Request to Fast Track DACA Case
In a one-sentence order, the U.S. Supreme Court denied the Trump administration’s motion to expedite consideration of the petition for a writ of certiorari. (DHS, et al. v. Casa de Maryland, et al., 6/3/19)
DHS OIG Issues Report After Immediate Risks and Egregious Violations Found at ICE Detention Facilities
DHS OIG issued a report after it conducted inspections of four detention facilities and found violations of ICE’s National Detention Standards, including “immediate risks or egregious violations of detention standards in Adelanto, VA, and Essex County, NJ….”
BIA Finds IJs Can Dismiss Removal Proceedings If They Find Meritless Asylum Applications for Sole Purpose of Seeking Cancellation
The BIA held that IJs have the authority to dismiss removal proceedings if they determine its a meritless asylum application with USCIS for the sole purpose of seeking cancellation in the Immigration Court. Matter of Andrade Jaso and Matter of Carbajal Ayala, 27 I&N Dec. 557 (BIA 2019)
CA1 Says It Lacks Jurisdiction Under INA §242(a)(2)(C) to Consider Challenge to Withholding of Removal Denial
The court held that it lacked jurisdiction to consider the petitioner’s challenge to the denial of withholding of removal, because the petitioner, who had been convicted of a crime involving moral turpitude, raised no colorable legal or constitutional claims. (Fabian-Soriano v. Barr, 5/31/19)
CA9 Remands for BIA to Reconsider CAT Claim of Christian Chinese Petitioner
The court upheld the BIA’s determination that the petitioner had committed a serious nonpolitical offense and was therefore ineligible for asylum and withholding of removal, but remanded to the BIA for further consideration of Convention Against Torture (CAT) relief. (Guan v. Barr, 5/30/19)
ACLU of LA and SPLC File Suit Against Trump Administration for Categorically Denying Parole to Asylum Seekers
The American Civil Liberties Union of Louisiana (ACLU of LA) and the Southern Poverty Law Center (SPLC) filed a lawsuit against the Trump administration for categorically denying release from detention centers to hundreds of asylum seekers. (Heredia Mons, et al. v. McAleenan, et al., 5/30/19)
Practice Alert: AG Certifies Cases on Judicial Alteration of a Criminal Conviction or Sentence
AILA provides a practice alert on the AG certification of cases related to the judicial alteration of a criminal conviction or sentence. Attorneys should consider potential holdings to protect client interests. Special thanks to Russell Abrutyn and the Amicus Committee.
DHS OIG Issues Redacted Report on El Paso Del Norte Processing Center
DHS OIG issued a redacted report on the El Paso Del Norte processing center, recommending that DHS take immediate steps to alleviate danger overcrowding after finding between 750 and 900 detainees at the processing facility which has a maximum capacity of 125 individuals at any one time.
CA9 Says BIA Does Not Per Se Err When It Concludes Arguments Raised for First Time on Appeal Need Not Be Entertained
Approving the BIA’s practice of refusing to address arguments raised for the first time on appeal, the court found that the BIA did not err when it declined to consider petitioner’s proposed particular social groups that were raised for the first time on appeal. (Honcharov v. Barr, 5/29/19)
CA3 Finds Petitioner’s Violation of Pennsylvania’s DUI Statute Falls Outside “Possession for Personal Use” Exception
The court held that the petitioner's conviction for violating Pennsylvania's DUI statute was not a conviction for which the petitioner could avail himself of the "possession for personal use" exception to removability contained in INA §237(a)(2)(B)(i). (Sambare v. Att'y Gen., 5/28/19)
ICE Releases FY2019 Statistics on Administrative Arrests and Removals
ICE released FY2019 second quarter enforcement data. During this time, per ICE, 85 percent of individuals arrested by ICE ERO officers, and more than 91 percent of individuals removed from the interior of the United States, had received criminal convictions or pending criminal charges.
CA2 Finds Immigration Detainees Released from Custody Without Discharge Planning Adequately Stated a Fourteenth Amendment Claim
The court vacated the district court’s dismissal of the plaintiffs’ complaint alleging that the defendants’ failure to engage in discharge planning for the plaintiffs’ serious medical needs prior to release violated their substantive due process rights. (Charles v. Orange County, 5/24/19)
CA5 Upholds Asylum Denial to Ex-Law Enforcement Official from Honduras
The court held that substantial evidence supported the BIA’s determination that petitioner, who had been a police officer in Honduras, had failed to show a nexus between the alleged persecution he suffered and his membership in a particular social group. (Martinez Manzanares v. Barr, 5/24/19)
BIA Orders Further Consideration of Motion to Reopen After Issuance of Receipt Notice for U Visa
Unpublished BIA decision remands for further consideration of motion to reopen sua sponte in light of evidence that USCIS issued receipt notice for U visa application after IJ denied motion. Special thanks to IRAC. (Matter of Perez Aguilar, 5/24/19)
BIA Holds Texas Burglary Not a CIMT
Unpublished BIA decision holds that burglary under Tex. Pen. Code 30.02 is not a CIMT because the target crime need not be a CIMT. Special thanks to IRAC. (Matter of Mercado, 5/24/19)
CA4 Finds BIA Distorted Record in Denying Asylum to Salvadoran Woman Abused by Partner
The court held that the BIA had disregarded and distorted significant portions of the record when it found that the petitioner had failed to establish that the Salvadoran government was unwilling or unable to protect her from persecution. (Orellana v. Barr, 5/23/19)
American Immigration Council and NIP Practice Advisory: Reinstatement of Removal
The American Immigration Council and the National Immigration Project (NIP) issued a practice advisory that provides an overview of the reinstatement statute and implementing regulations, including how DHS issues and executes reinstatement orders and potential arguments to challenge them.