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 Residential Burglary Is Not a CIMT
Unpublished BIA decision holds that residential burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Delgadillo Armas, 4/27/17)
BIA Holds Grand Theft by Labor Not an Aggravated Felony
Unpublished BIA decision holds that grand theft by embezzlement under Cal. Penal Code 487 is not an aggravated felony theft offense because it criminalizes theft of labor and services and theft by false pretenses. Special thanks to IRAC. (Matter of S-D-, 4/26/17)
BIA Holds Unauthorized Use of Personal Identifying Document Not a CIMT
Unpublished BIA decision holds that unauthorized use of personal identifying information of another under Cal. Penal Code 530.5(a)(5) is not a CIMT. Special thanks to IRAC. (Matter of Pangilinan, 4/26/17)
BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony
Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17)
BIA Holds Leaving Scene of Accident Not a CIMT
Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17)
District Court of Appeal Overturns Conviction Where Fake Immigration Attorney Provided Bad Advice
Florida’s Fourth District Court of Appeal reversed the summary denial of the appellant’s rule 3.850 motion that alleged her plea was involuntary based upon misadvice from a person posing as an immigration attorney, and remanded for further proceedings. (Rila v. State of Florida, 4/26/17)
Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest
If a client has a final order of removal and has been reporting to ICE every six months, but was recently arrested for a DUI, they may be a priority for ICE enforcement and removal. In this bite-sized ethics article, learn how to best counsel your client in this difficult situation.
CA4 Says a Virginia Statutory Burglary Does Not Constitute an Aggravated Felony
The court denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law. (Castendet-Lewis v. Sessions, 4/25/17)
Leaked Document: 90-Day Progress Report to the President on EO 13767
On 1/25/17, President Trump signed Executive Order (EO) 13767 that called for a report within 90 days on the progress of the directives contained in the EO. This is a leaked draft of DHS’s 90-day progress report. On 4/12/17, the Washington Post published an article about the assessment.
AILA Summary and Analysis of the DHS Memorandum on Interior Enforcement
AILA provides a detailed summary and analysis of the February 20, 2017, DHS memorandum signed by Secretary Kelly, “Enforcement of the Immigration Laws to Serve the National Interest.” This memorandum implements President Trump's Executive Order on interior enforcement.
BIA Upholds Bond Based on Materially Changed Circumstances
Unpublished BIA decision upholds grant of bond based on materially changed circumstances where respondent attended rehabilitation meetings after DUI conviction and wife provided assurances that she would drive respondent. Special thanks to IRAC. (Matter of M-R-R-A-, 4/25/17)
BIA Finds Aggravated Child Abuse Not Sexual Abuse of a Minor
Unpublished BIA decision holds that aggravated child abuse under Fla. Stat. 827.03 is not sexual abuse of a minor because each subsection applies to conduct that is not sexual in nature. Special thanks to IRAC. (Matter of Petitdor, 4/24/17)
TRAC Report Finds Civil Lawsuits to Redress Immigration Action and Inaction Are Up Under Trump
This TRAC report found that as of the end of March 2017, 763 new civil immigration lawsuits were filed in disputes involving immigration matters since January 20, 2017. Under President Trump, monthly filings were up 40.5 percent when compared with those of the same period in the previous year.
U.S. Commission on Civil Rights Expresses Concern with Immigrants’ Access to Justice
The U.S. Commission on Civil Rights expressed concerns that access to justice is hindered by federal immigration agents following, confronting, and arresting immigrants in state and local courthouses where some of these immigrants were seeking help from authorities and the local justice system.
BIA Clarifies When IJs May “Peek” at a Noncitizen’s Conviction Record
The BIA held that in determining if a statute is divisible, IJs may “peek” at a noncitizen’s conviction record only to discern whether statutory alternatives define “elements” or “means,” provided state law does not otherwise resolve the question. Matter of Chairez, 27 I&N Dec. 21 (BIA 2017)
TRAC Report Finds Immigration Court Post-Trump Cases Show No Increase
This TRAC report found that the latest available court records through the end of March 2017 reveal little observable change in filings since President Trump assumed office. However, because of filing and recording delays, any estimate of overall trends must be considered very preliminary in nature.
AILA Summary of Leaked Document: 90-Day Progress Report to the President on EO 13767
AILA issued a summary of the leaked draft of DHS’s 90-day progress report. On 1/25/17, President Trump signed EO 13767 that called for a report within 90 days on the progress of the directives contained in the EO. On 4/12/17, the Washington Post published an article about the assessment.
BIA Finds Altering Vehicle Document Is Not a CIMT
Unpublished BIA decision holds altering a vehicle document, license, or license plate under Cal. Veh. Code 4463(a)(1) is not a CIMT because it covers simple acts of vandalism. Special thanks to IRAC. (Matter of Garcia Reyes, 4/20/17)
BIA Upholds Bond for Respondent with Two DUI Convictions
Unpublished BIA decision upholds grant of bond to respondent with two DUI convictions, noting he participated in alcohol rehabilitation programs in detention and enrolled in a residential treatment program upon release. Special thanks to IRAC. (Matter of E-C-, 4/20/17)
BIA Holds Iowa Theft Not an Aggravated Felony
Unpublished BIA decision holds that Iowa Code 714.2 is not an aggravated felony theft offense because it encompasses fraudulent takings and the statute is not divisible. Special thanks to IRAC. (Matter of Pizana Madera, 4/20/17)
Chief Justice Stuart Rabner Objects to ICE Arrests at New Jersey Supreme Court
New Jersey Chief Justice Stuart Rabner issued a letter to DHS Secretary John Kelly urging ICE not to arrest individuals who show up for court appearances in state court. The Chief Justice requests that courthouses be added to the list of “sensitive locations” outlined in a 2011 ICE enforcement memo.
Protecting Assets and Child Custody in the Face of Deportation
Appleseed’s Manual will help families develop plans in advance to deal with critical financial and family issues in the event of deportation, arrest, and other family emergencies.
DHS Statement on Former DACA Recipient Juan Manuel Montes-Bojorquez
DHS issued a statement regarding Juan Manuel Montes-Bojorquez, who was removed to Mexico on 2/20/17. DHS stated that he had been approved for DACA but lost his status when he left the United Stated without advance parole prior to his arrest by the U.S. Border Patrol on 2/19/17.
BIA Clarifies Matter of Avetisyan Regarding Administrative Closure
The BIA held that the primary consideration for an IJ in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed. Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)
CA8 Finds BIA Properly Placed Burden on Petitioner to Prove That Statutory Bar to Waiver Relief Did Not Apply
The court held that BIA properly placed on petitioner the burden to prove that the statutory bar to waiver relief in INA §212(a)(3)(E)(iii) did not apply, because petitioner conceded he was removable for willful misrepresentation of a material fact. (Maric v. Sessions, 4/18/17)