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
CA2 Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31
The court granted in part the petition for review and applied the categorical approach to determine that the petitioner’s conviction under N.Y. Penal Law §220.31 did not constitute a drug‐trafficking aggravated felony. (Harbin v. Sessions, 6/21/17)
Sign-On Letter Calling on Congress to Oppose ICE and USCIS Authorization Bills
On 6/20/17, AILA joined 13 other organizations expressing opposition to House legislation that authorizes ICE and USCIS, because it would dramatically redirect funding towards enforcement functions and away from the customer service and benefits functions that are also vital to their missions.
BIA Holds Child Abuse Ground of Deportability Does Not Apply to Attempt Crimes
Unpublished BIA decision holds that attempt to endanger the welfare of a child under N.Y.P.L. 260.10 is not a crime of child abuse because INA §237(a)(2)(E)(i) only applies to completed crimes. Special thanks to IRAC. (Matter of B-Q-, 6/20/17)
AILA Presents Nora Elizabeth Phillips with the 2017 Michael Maggio Memorial Pro Bono Award
AILA will recognize Nora Elizabeth Phillips, of Los Angeles, CA, with the 2017 Michael Maggio Memorial Pro Bono Award, for outstanding efforts in providing pro bono representation in the immigration field, this week during AILA’s Annual Conference in New Orleans, LA.
The Trump Administration FY2018 Budget: Funding for a Massive Deportation Machine
AILA provided an analysis of the Trump administration’s budget request for FY2018. The proposed budget would fund increases in immigration enforcement and border security, which would enable the administration to deport thousands of people who pose no threat to public safety.
EOIR Swears in 11 Immigration Judges
The Executive Office for Immigration Review (EOIR) announced the investiture of 11 new immigration judges, bringing the agency’s total to 326. Deputy Chief Immigration Judge Print Maggard presided over the investiture during a ceremony held at EOIR headquarters in Falls Church, VA.
TRAC Data Shows Immigration Court Backlog Nears 600,000
The Transactional Records Access Clearinghouse (TRAC) found that the latest data from the Immigration Courts show that as of 5/31/17, the backlog had risen to 598,943, whereas at the end of May 2016, the backlog stood at 492,978.
BIA Limits Application of Firm Resettlement Bar
Unpublished BIA decision holds that the firm resettlement bar does not apply to asylum applicants who fear persecution in the country of alleged resettlement. Special thanks to IRAC. (Matter of L-K-U-, 6/16/17)
BIA Holds Possession of Drug Paraphernalia in Arizona Is Not a Controlled Substance Offense
Unpublished BIA decision holds possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415(A) is not a controlled substance offense because the state schedule is overbroad and the identity of the drug is not an element of the offense. Special thanks to IRAC. (Matter of Lopez, 6/16/17)
BIA Reverses Discretionary Denial of Adjustment Application
Unpublished BIA decision reverses discretionary denial of adjustment application where respondent had five U.S. citizen children, was active in church, and last DUI offense was more than eight years prior. Special thanks to IRAC. (Matter of Rodriguez, 6/15/17)
Council Practice Advisory: Administrative Closure and Motions to Recalendar
The American Immigration Council released an advisory on government motions to recalendar cases that were administratively closed and suggests strategies for opposing such motions, including tips for challenging a response using DHS enforcement priorities to keep a case on a court’s active docket.
DHS Rescission of Memorandum Providing for Deferred Action for Parents of American and Lawful Permanent Residents (“DAPA”)
DHS press release stating that the 11/20/14 memorandum that created DAPA and provided expanded work authorization has been rescinded because “there is no credible path forward to litigate the currently enjoined policy.” The 6/15/12 memorandum that created the DACA program will remain in effect.
DHS FAQs on the Rescission of the DAPA Memorandum
DHS provided FAQs on the rescission of the 6/20/14 memorandum that provided deferred action for parents of American and lawful permanent residents (DAPA).
DHS Memo Rescinding Memo Providing DAPA and Expansion of DACA
DHS issued a memo from Secretary John F. Kelly stating that due to the preliminary injunction, ongoing litigation, the fact that DAPA never took effect, and new immigration enforcement priorities, the 11/20/14 memo providing for DAPA has been rescinded. The 6/15/12 memo remains in effect.
CA7 Upholds Asylum Denial to Member of the Democratic Party in Mongolia
The court held that petitioner, a member of the Democratic Party in Mongolia, failed to establish past persecution or a well-founded fear of future persecution, and did not show that it was more likely than not that he would be tortured upon return to Mongolia. (Tsegmed v. Sessions, 6/15/17)
CA7 Upholds Finding That Conviction for First-Degree Reckless Injury in Wisconsin Is a Particularly Serious Crime
The court dismissed the petition for review for lack of jurisdiction, holding that the BIA did not abuse its discretion by finding that the petitioner, who was convicted of first-degree reckless injury, committed a “particularly serious crime.” (Herrera-Ramirez v. Sessions, 6/15/17)
ICE News Release: Operation Matador Nets 39 MS-13 Arrests
ICE announced a unified effort to combatting MS-13 and the arrest of 45 individuals during a recent operation. According to ICE, twelve individuals arrested crossed the border as unaccompanied minors and three individuals entered the United States with Special Immigrant Juvenile Status (SIJ).
CA7 Upholds Denial of Asylum to Salvadoran Who Feared Targeting by MS-13 Gang
The court held that the petitioner, who feared the MS-13 gang would target him based on its perception of him as a wealthy business owner, failed to establish his life or freedom would be threatened based on a protected ground. (Lopez v. Sessions, 6/13/17)
BIA Reopens Removal Proceedings of Respondent Deported in 2008 as an Aggravated Felon Due to Minor Controlled Substance Convictions
Unpublished BIA decision reopens removal proceedings of the respondent who was deported as an aggravated felon due to controlled substance convictions, finding he proved misadvice from prior attorneys and equitable tolling. Courtesy of Geoffrey Hoffman and Susham Modi. (Matter of X-, 6/12/17)
CA3 Finds IJ’s Conduct During Removal Hearing Violated Petitioner’s Right to Due Process
Where the IJ was hostile during the petitioner’s removal hearing, the court granted the petition for review, holding that the BIA misapplied the law in rejecting the petitioner’s procedural due process challenge to the IJ’s order of removal. (Serrano-Alberto v. Att’y Gen., 6/12/17)
BIA Solicits Amicus Briefs on Modified Categorical Approach and CIMTs
The BIA is soliciting amicus briefs on three questions related to the modified categorical approach and crimes involving moral turpitude (CIMTs), including whether the Board’s decision in Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), should be modified. Briefs are due by 7/12/17.
Federal Judge Reinstates Georgia Woman's DACA Status
A federal judge in Georgia ordered the DACA status of Jessica Colotl, whose status had been terminated, to be reinstated pending reconsideration by USCIS, finding that the government failed to present evidence that it had complied with its own procedures. (Colotl v. Kelly, 6/12/17)
Documents Relating to Supreme Court Case on Gender-Based Distinction for Acquisition of Citizenship
The Supreme Court found unconstitutional the gender-based distinction in INA §309(c), requiring a shorter period of parental physical presence in the U.S. for acquisition of citizenship through an unwed citizen mother than an unwed citizen father. (Sessions v. Morales-Santana, 6/12/17)
BIA Reopens and Terminates Proceedings Because Conviction Was No Longer an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings sua sponte where conviction for embezzlement under Va. Code 18.2-111 was neither an aggravated felony theft nor fraud offense. Special thanks to IRAC. (Matter of Mattis, 6/11/17)
AILA Quicktake #207: Dilley Pro Bono Project Files Suit
Legal Director for the American Immigration Council Melissa Crow shares why the Dilley Pro Bono Project filed suit to challenge a new ICE policy that arbitrarily restricts the types of legal services that the project may provide.