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
BIA Reopens Proceedings Based on Unpublished BIA Decision
Unpublished BIA decision reopens proceedings following submission of unpublished decision that found 35 Pa. Cons. Stat. 78-113(a)(30) not to be an aggravated felony drug trafficking crime. Special thanks to IRAC. (Matter of Watkins, 6/9/17)
BIA Holds Florida Grand Theft Is Not a CIMT
Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014 is not a CIMT because it applies to temporary takings or appropriations of property. Special thanks to IRAC. (Matter of Ngo, 6/8/17)
Esquivel-Quintana v. Sessions: Supreme Court Limits Reach of Aggravated Felony “Sexual Abuse of a Minor” Ground and Provides Support on Other
The National Immigration Project and the Immigrant Defense Project provides a practice advisory on Esquivel-Quintana v. Sessions, including suggested strategies and a sample motion to reconsider for cases affected by the decision, which should be filed by 6/29/17.
CA4 Says Deferred Adjudication Under Virginia Code §18.2-251 Falls Within the Unambiguous Definition of a Conviction
The court denied the petition for review, holding that the petitioner’s 2005 criminal proceedings under Virginia Code §18.2-251 for possession of cocaine fell squarely within the plain text of INA §101(a)(48)(A), and thus constituted a conviction. (Payan Jaquez v. Sessions, 6/8/17)
CA7 Says Noncitizens Subject to Reinstatement of a Removal Order Cannot Apply for Asylum
The court dismissed the petition for review, holding that because asylum is a form of discretionary relief, the petitioner, who was subject to a reinstated order of removal, lacked standing to challenge the federal regulations prohibiting him from applying for it. (Garcia v. Sessions, 6/8/17)
CA9 Says Fleeing from Police Under California Vehicle Code §2800.2 Is Not Categorically a CIMT
The court held that petitioner’s conviction for fleeing from a police officer under California Vehicle Code §2800.2 was not categorically a crime involving moral turpitude, and thus that he was not statutorily ineligible for cancellation of removal. (Ramirez-Contreras v. Sessions, 6/8/17)
Sign-On Letter Calling on Members of Congress to Oppose the House Anti-Border Corruption Reauthorization Act (H.R. 2213)
On 6/6/17, AILA joined 42 organizations in urging members of Congress to oppose the Anti-Border Corruption Reauthorization Act (H.R. 2213), which would eliminate critical polygraph requirements for some U.S. Customs and Border Protection (CBP) applicants.
AILA Issues Vote Recommendation on H.R. 2213
AILA urges members of Congress to vote NO on Representative Martha McSally’s (R-AZ) Anti-Border Corruption Reauthorization Act of 2017, which would allow U.S. Customs and Border Protection to waive polygraph examination requirements for applicants.
Federal Judge in Texas Finds County Policy of Honoring ICE Detainers Violated Plaintiff’s Rights
A district judge found that a Texas county’s policy of honoring ICE detainers violated the Fourth and Fourteenth Amendment rights of a plaintiff who was held in county detention pursuant to an ICE detainer after his criminal charge was dismissed. (Trujillo Santoyo v. United States, 6/5/17)
ICE eService Pilot- Dallas and St. Paul
ICE brochure announcing a voluntary 60-day pilot for ICE eService that begins on Monday, June 5, 2017, offering electronic service of documents between ICE OPLA offices and respondents or legal representatives. The pilot is only available for Dallas and St. Paul areas of responsibility.
Sign-On Letter Calling on the Appropriations Committees to Reject the President’s “Enforcement Only” Budget Request
On 6/5/17, AILA joined 273 organizations in urging the Senate Appropriations Chairman Thad Cochran (R-MS) and Vice Chairman Patrick Leahy (D-VT); and House Appropriations Chairman Frelinghuysen (R-NJ) and Ranking Member Lowey (D-NY) to oppose President Trump’s “Enforcement Only” budget request.
BIA Vacates Discretionary Denial of Asylum Application
Unpublished BIA decision finds IJ erred in denying asylum application as a matter of discretion solely because respondent failed to seek asylum during two prior visits to United Kingdom. Special thanks to IRAC. (Matter of G-S-, 6/5/17)
BIA Finds Tax Conviction Is Not an Aggravated Felony
Unpublished BIA decision holds that failure to collect or pay over a tax under 26 USC §7202 is not an aggravated felony because INA §101(a)(43)(M)(ii) applies only to offenses described in 26 USC §7201. Special thanks to IRAC. (Matter of Corral, 6/2/17)
BIA Dismisses Appeal, Finding Respondent Did Not Establish Claim to Citizenship
The BIA affirmed the IJ’s decision and dismissed the respondent’s appeal, finding that the respondent did not show that proceedings must be instituted to revoke citizenship and did not establish his claim to citizenship. Matter of Falodun, 27 I&N Dec. 52 (BIA 2017)
OIG Releases Results from FY2016 Spot Inspections of ICE Family Detention Facilities
The Office of Inspector General released a report on its FY2016 spot inspections of three ICE family detention facilities in Leesport, PA and Dilley and Karnes, Texas, finding the facilities “clean, well-organized, and efficiently run.”
BIA Concludes Receipt of a Stolen Motor Vehicle Is Not an Aggravated Felony
The BIA dismissed DHS’s appeal and remanded, finding that a conviction for receipt of a stolen motor vehicle under South Dakota Codified Laws §32-4-5, which requires a “reason to believe” that the vehicle was stolen, was not an aggravated felony. Matter of Deang, 27 I&N Dec. 57 (BIA 2017)
EOIR Fact Sheet: EOIR’s Fraud and Abuse Prevention Program
EOIR issued a fact sheet on its Fraud and Abuse Prevention Program in EOIR’s Office of the General Counsel, which is committed to identifying and combatting all forms of fraud, "in order to protect the integrity of EOIR’s immigration proceedings."
BIA Remands After Finding Conviction for Receipt of Stolen Property is Categorically An Aggravated Felony Offense
The BIA remanded after concluding that respondent’s conviction for receipt of stolen property is categorically an aggravated felony theft offense under INA §101(a)(43)(G) and that the IJ’s reliance on Lopez-Valencia was misplaced. Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)
GAO Report: Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges
The Government Accountability Office issued a report showing that the EOIR case backlog more than doubled from FY2006 through FY2015 primarily due to declining cases completed per year. GAO is making 11 recommendations to improve EOIR’s workforce planning, hiring, and analysis of continuance data.
Supreme Court Rules “Sexual Abuse of a Minor” Requires Victim to Be Less Than 16 Years Old
In a unanimous decision, the Court found that in cases of statutory rape based solely on the ages of the participants, sexual abuse of a minor requires that the victim be younger than 16. Thus, the petitioner’s conduct was not an aggravated felony. (Esquivel-Quintana v. Sessions, 5/30/17)
Attorney General Selected James McHenry as the Acting Director of EOIR
Attorney General Jeff Sessions has selected James McHenry as the acting Director of the Executive Office for Immigration Review (EOIR). Acting Director McHenry first joined EOIR in 2003 through the Attorney General’s Honors Program and returned in 2016, when he was appointed as an ALJ for OCAHO.
CA9 Judge Writes Concurrence Criticizing Government's Action in Removal Case
The court denied the petitioner’s request for a stay of removal due to a lack of authority to grant the stay. Judge Reinhardt wrote a concurrence calling the government’s action in the case “contrary to the values of this nation and its legal system.” (Magana Ortiz v. Sessions, 5/30/17)
CA9 Finds Substantial Evidence Supported BIA’s Finding That Petitioner Was a “Habitual Drunkard”
The en banc court denied the petition for review, concluding that petitioner was ineligible for cancellation of removal on the ground that he failed to establish good moral character because, during the requisite period, he had been a “habitual drunkard.” (Ledezma-Cosino v. Sessions, 5/30/17)
BIA Holds Indiana Statute Is Not a Drug Trafficking Aggravated Felony
Unpublished BIA decision holds maintaining a common nuisance under Indiana Code 35-48-4-13(b)(1) as it existed in May 2016 is not an aggravated felony under INA §101(a)(43)(B). Special thanks to IRAC. (Matter of Paul, 5/30/17)
Access to Counsel Should be Non-Negotiable
“Wait, you mean to tell me you are not allowed to contact a lawyer at the airport?“ That is a familiar response when I tell people of the lack of any protocol for allowing access to counsel to those who are coming into the United States from abroad. The fact is, when someone enters the […