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 Finds Arizona Statute Not a Firearms Offense
Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(a)(1) is not a removable offense under INA §237(a)(2)(C) because it encompasses weapons other than firearms. Special thanks to IRAC. (Matter of Montes de Oca, 5/15/17)
Despite Hiring, Immigration Court Backlog and Wait Times Climb
TRAC found that despite an influx of new judges over the last 18 months, the Immigration Court’s mountainous backlog continues to rise. According to information obtained under the FOIA by TRAC, some individuals will have been waiting more than five additional years for their hearing date.
CA7 Finds It Lacks Jurisdiction to Review Petitioner's Challenges to Expedited Removal Process and 8 CFR §1208.31(g)(2)(i)
The court dismissed the petition for review in part and denied the remainder, holding that it had no jurisdiction to review the petitioner’s challenges to the expedited removal process or his challenge to 8 CFR §1208.31(g)(2)(i). (Delgado-Arteaga v. Sessions, 3/23/17, amended 5/12/17)
BIA Finds Child Endangerment Statute Not a Crime of Child Abuse
Unpublished BIA decision holds that endangering the welfare of a child under 18 Pa. Cons. Stat. 4304(a)(1) is not a crime of child abuse because it does not require a knowing mental state or a likelihood of harm to a child. Special thanks to IRAC. (Matter of Gutierrez, 5/12/17)
BIA Remands Record Due to Lack of Mam Interpreter
Unpublished BIA decision remands record because Mam-speaking respondent did not understand proceedings conducted through a Spanish interpreter. Special thanks to IRAC. (Matter of Ambrosio-Domingo, 5/12/17)
BIA Affirms Finding that Public Lewdness Is Not a CIMT
Unpublished BIA decision denies DHS motion to reconsider prior decision holding that public lewdness under NYPL 245.00 is not a CIMT. Special thanks to IRAC. (Matter of Kaminski, 5/11/17)
BIA Rescinds In Absentia Order Against Respondent Who Provided Relative’s Address
Unpublished BIA decision rescinds in absentia order stating that respondent did not waive his right to notice of the hearing by listing the address of an uncle with whom he was not residing. Special thanks to IRAC. (Matter of Mata-Siciliano, 5/11/17)
AILA Members’ LTE Template on Large-Scale Enforcement Actions and Raids
We encourage AILA members to personalize and use this template Letter to the Editor as a starting point when writing a response to an article in your local outlet about large-scale enforcement actions and raids. Please email newsroom@aila.org with any questions or to share your success.
BIA Holds Texas Statute Not a Crime of Violence
Unpublished BIA decision holds that injury to a child, elderly individual, or disabled individual under Texas Penal Code 22.04(a) is not a crime of violence because it criminalizes omissions rather than intentional uses of force. Special thanks to IRAC. (Matter of J-K-O-, 5/10/17)
TRAC Files FOIA Suit Claiming ICE Is Withholding Data on Detainer Usage
The Transactional Records Access Clearinghouse (TRAC) filed a lawsuit under the Freedom of Information Act (FOIA) alleging that, starting in January 2017, ICE began unlawfully withholding records related to its immigration enforcement actions and its interaction with other law enforcement agencies.
The Perils of Expedited Removal: How Fast-Tracked Deportations Jeopardize Asylum Seekers
The American Immigration Council released a report with original testimony to demonstrate that the government’s reliance on “fast-track” deportation methods, such as expedited removal, in conjunction with detention often results in disadvantaging women and their children held in detention centers.
CA3 Says South Carolina Accessory-After-the-Fact Conviction Is Not a “Particularly Serious Crime” Under the INA
The court held that the petitioner’s South Carolina accessory-after-the-fact conviction was not an offense “relating to obstruction of justice” and therefore could not be considered either an aggravated felony or a particularly serious crime under the INA. (Flores v. Att’y Gen., 5/8/17)
Systemic Indifference: Dangerous and Substandard Medical Care in Immigration Detention
The Human Rights Watch released a report that reveals systemic failures, such as unreasonable delays in care and unqualified medical staff, that are likely to expose a record number of people to dangerous conditions under President Trump’s ramped up deportation and detention plans.
Sign-On Letter Calling on DHS Secretary Kelly to Halt the Expansion of Immigration Detention
On 5/8/17, AILA joined 271 other organizations, urging DHS Secretary John Kelly to halt the expansion of immigration detention and to strengthen rather than lessen standards and monitoring of a system that already endangers the lives and due process rights of asylum seekers and immigrants.
BIA Finds Driving Without a License Resulting in Death or Serious Injury Not a CIMT
Unpublished BIA decision holds that driving without a valid driver’s license resulting in death or serious bodily injury under Fla. Stat. 322.34(6) is not a CIMT because it requires only carelessness or negligence. Special thanks to IRAC. (Matter of Saucedo, 5/8/17)
ICE Directive on Stays of Removal and Private Immigration Bills
ICE issued policy directive 5004.1, which establishes policy, procedures, and responsibilities that ICE will adhere to when considering and issuing stays of removal related to private immigration bills.
ICE Letter to Senator Grassley Regarding Grants of Stays of Removal and Private Immigration Bills
On 5/5/17, ICE sent a letter to the Senate Judiciary Committee on policy changes on granting of stays of removal in connection with private immigration bills. Changes are effective immediately. Among other changes, the stay duration will be limited to six months with a one-time 90-day extension.
Immigration Policy Update: Federal Spending Bill and Immigration
On 5/1/17, news broke that Congress reached an agreement on the funding bill to keep the government open for the rest of 2017. This policy update provides an overview of the major immigration provisions, including funding for border security and interior enforcement, and limited H-2B relief.
Migration Policy Institute: Advances in U.S.-Mexico Border Enforcement
The Migration Policy Institute provided analysis of previously unpublished Consequence Delivery System data from U.S. Border Patrol as well as fieldwork in the Tucson and Rio Grande Valley sectors, discussing which consequence measures may be most effective in deterring illegal migration.
BIA Says Noncitizens Who Assist in Persecution Need Not Have a Persecutory Motive to Be Subject to the Persecutor Bar
The BIA held that the persecutor bar in INA §241(b)(3)(B)(i) applied to the respondent because, regardless of his own motives, he assisted or otherwise participated in the persecution of an individual because of the individual’s political opinion. Matter of Alvarado, 27 I&N Dec. 27 (BIA 2017)
EOIR Relocates Las Vegas Immigration Court
EOIR will temporarily close its Las Vegas Immigration Court on 5/10/17 to prepare for relocation. The Immigration Court will recommence hearings at the new location on 5/16/17. Contact information for the new location included.
AILA Quicktake #201: FY2017 Spending Bill Approved
Congress has reached an agreement on the funding bill to keep the government open for the rest of FY2017. AILA's Director of Government Relations Greg Chen gives an overview of the major immigration provisions, including funding for border security and interior enforcement, and limited H-2B relief.
DHS Notice of Proposed New DHS/ICE–016 FALCON Search and Analysis System of Records
DHS notice of the proposed establishment of a new system of records titled ‘‘DHS/ICE–016 FALCON Search and Analysis System of Records,’’ a consolidated information management system to enable ICE personnel to search, analyze, and visualize volumes of existing information. (82 FR 20905, 5/4/17)
DHS Proposed Rule Exempting New DHS/ICE–016 FALCON Search and Analysis System of Records from Privacy Act
DHS Notice of Proposed Rulemaking proposing to exempt portions of the new DHS/ICE–016 FALCON Search and Analysis System of Records from certain provisions of the Privacy Act. Comments are due 6/5/17. (82 FR 20844, 5/4/17)
BIA Finds Asylum Applicant Did Not Commit Serious Nonpolitical Crime
Unpublished BIA decision reverses finding that respondent committed serious nonpolitical crime by being forced to deliver drugs and extortion money for a gang as a 12-year-old homeless child. Special thanks to IRAC. (Matter of C-A-H-C-, 5/4/17)