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
DHS OIG Report on USCIS Award of Family Case Management Program Contract
DHS OIG released a report on USCIS’s Award of the Family Case Management Program (FCMP) Contract to GEO Care, LLC, a subsidiary of the GEO Group, Inc, which determined ICE properly awarded FCMP contracts in compliance with federal requirements. (OIG-18-22, 11/30/17)
NIJC Report: "What Kind Of Miracle ..." Violation Of Immigrants’ Right To Counsel at Cibola
The National Immigrant Justice Center (NIJC) released a report entitled “What Kind of Miracle” documenting the wretched history and due process failings at the 1,100-bed Cibola County Correctional Facility in New Mexico.
EOIR Extension of Comment Request Period on Revisions to Form EOIR-29
EOIR notice extending the comment period on revisions to Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, for 30 days. The comment period was previously announced at 82 FR 45304 on 9/28/17. Comments are now due 1/2/18. (82 FR 56845, 11/30/17)
ICE Memo on ERO Support of the EOIR’s Legal Orientation Program
The Washington Post obtained an ICE memo with guidance on best practices in support of EOIR’s Legal Orientation Program (LOP), stating that LOP attendees “… complete their cases faster than detainees who have not received LOP” and includes a list of the 37 ICE facilities where LOP operates.
BIA Holds New Jersey “Disorderly Persons Offenses” Are Not Convictions Under the INA
Unpublished BIA decision holds that New Jersey shoplifting convictions prosecuted as “disorderly persons offenses” did not qualify as convictions for immigration purposes. Special thanks to IRAC. (Matter of Flores, 11/29/17)
CA4 Denies Petition for Review of Removal Order Where Petitioner Entered Under Visa Waiver Program
The court denied the petition for review, holding that where evidence establishes a visitor was properly admitted under the Visa Waiver Program, the court may presume that the government obtained the entrant’s waiver to challenge any subsequent removal order. (Nardea v. Sessions, 11/29/17)
AILA Insight: Looking Forward: DACA Legislation Heading Into 2018
AILA member Sarah Pitney compares potential Dreamer legislation.
AILA Quicktake #225: Dream Act Updates
As Congress looks to fund the government past December 8, 2017, AILA Director of Government Relations Greg Chen explains how the Dream Act fits in.
BIA Vacates IJ’s Order of Administrative Closure
Unpublished BIA decision vacates the IJ’s order of administrative closure of the removal proceedings of the respondent, an unaccompanied child. The IJ had questioned the reliability of the respondent’s address as provided by ORR. Special thanks to IRAC. (Matter of Castro-Tum, 11/27/17)
CA9 Affirms Denial of Asylum, Withholding of Removal, and CAT Protection
The court denied the petition for review, finding that substantial evidence supported the IJ’s denial of the petitioner’s claims for asylum, withholding of removal, and protection under the Convention Against Torture. (Manes v. Sessions, 11/27/17)
BIA Holds That Driving with Suspended License for DUI Is Not a CIMT
Unpublished BIA decision holds that driving with a license that was suspended or revoked for driving under the influence under Calif. Vehic. Code 14601.2(a) is not a CIMT. Special thanks to IRAC. (Matter of N-M-H-V-, 11/22/17)
CA7 Finds That Petitioner’s Violation of a Restraining Order Makes Her Ineligible for Cancellation of Removal
The court denied the petition for review, holding that the state court’s determination that the petitioner violated the avoidance-of-residence provision of a restraining order made her ineligible for cancellation of removal under INA §237(a)(2)(E)(ii). (Rodriguez v. Sessions, 11/22/17)
CA10 Holds Pretrial Release May Not Be Denied Solely Because Defendant Is Subject to an ICE Detainer
Where the defendant was facing federal prosecution for illegal reentry and was also the subject of an ICE detainer, the court held that he could not be denied pretrial release solely due to the risk that ICE would remove him before his criminal trial. (U.S. v. Ailon-Ailon, 11/22/17)
AIM: Fighting for Detained Clients Pro Bono
In November's AILA Interview of the Month, Jim Merklinger, Vice President and Chief Legal Officer of the Association of Corporate Counsel, shares how he volunteered and successfully represented a detained client.
Sign-On Letter Requesting Investigation of Georgia Immigration Detention Centers
On 11/21/17, AILA joined immigrants’ rights, human rights, and civil rights organizations in a letter requesting that the Georgia congressional delegation investigate the conditions at the Stewart and Irwin County immigration detention centers in Georgia.
Senators Urge Senate Majority Leader to Bring Dream Act to the Senate Floor
On 11/21/17, Senator Catherine Cortez Masto (D-NV) along with ten senators urged Senate Majority Leader Mitch McConnell (R-KY) to bring the bipartisan Dream Act (S. 1615) to the Senate floor for consideration before the holidays.
BIA Holds Georgia Theft by Shoplifting Is Not a CIMT
Unpublished BIA decision holds that theft by shoplifting under Georgia Code Ann. 16-8-14 is not a CIMT because it does not require the owner’s property rights to be permanently or substantially eroded. Special thanks to IRAC. (Matter of H-J-C-, 11/20/17)
BIA Holds New York Second Degree Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that second-degree burglary under N.Y.P.L. 140.25(2) is not an aggravated felony burglary offense because it does not require an unlawful entry. Special thanks to IRAC. (Matter of G-A-A-M-, 11/17/17)
BIA Finds IJs Violated Due Process Rights of Pro Se Asylum Seeker
Unpublished BIA decision finds pro se asylum seeker was denied fair hearing where IJ scheduled merits hearing two weeks after submission of application and denied continuance for additional time to secure counsel and corroborating evidence. Special thanks to IRAC. (Matter of E-C-Q-, 11/17/17)
Preview of Free On-Demand Webinar on Bond Hearings
The AILA/American Immigration Council’s Immigration Justice Campaign and the Rocky Mountain Immigrant Advocacy Network (RMIAN) have produced a bond hearings webinar that is designed particularly for attorneys who are new to these proceedings.
BIA Says Whether Violation of a Protection Order Renders a Noncitizen Removable Is Not Governed by the Categorical Approach
The BIA held that in considering whether a violation of a protection order renders a noncitizen removable, an IJ should consider the probative and reliable evidence regarding what a state court has determined about the violation. Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017)
CA6 Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan
The court granted the petition for review of the BIA’s denial of relief under the CAT, holding that the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan. (Kamar v. Sessions, 11/17/17)
AILA Policy Brief: How Dreamer Protection Bills Measure Up
AILA Policy Brief comparing the leading bills that have been introduced to protect Dreamers, including the Dream Act (S. 1615 and H.R. 3440), the American Hope Act (H.R. 3591), the Recognizing America’s Children Act (H.R. 1468), and the SUCCEED Act (S.1852).
District Court Issues Preliminary Injunction in Favor of Asylum Seekers at Buffalo Federal Detention Center
A district court issued a preliminary injunction requiring the Buffalo Federal Detention Center to comply with a 2009 ICE directive on evaluating parole requests for asylum seekers and to provide asylum seekers detained for six months or more with bond hearings. (Abdi v. Duke, 11/17/17)
CA9 Finds Petitioner’s Conviction for Felony Hit and Run in California to be a CIMT
The court denied the petition for review, applying the modified categorical approach to conclude that the petitioner’s conviction for felony hit and run under California Vehicle Code §20001(a) was a crime involving moral turpitude (CIMT). (Conejo-Bravo v. Sessions, 11/17/17)