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 Holds California Voluntary Manslaughter Is Not a Crime of Violence
Unpublished BIA decision holds that voluntary manslaughter under California Penal Code § 192(a) is not an aggravated felony crime of violence because a person can be convicted based upon reckless conduct. Special thanks to IRAC. (Matter of Alvarado, 3/30/17)
Attorney General Sessions Announces Expansion and Modernization of Program to Deport Criminal Aliens Housed in Federal Correctional Facilities
The DOJ expanded the Institutional Hearing Program (IHP) to 14 Bureau of Prisons (BOP) and 6 BOP contract facilities. The IHP identifies removable criminal aliens at federal correctional facilities, provides in-person and VTC removal proceedings, and removes the individual at end of the sentence.
Credible Fear Lesson Plans Comparison Chart
Comparison chart analyzing USCIS Asylum Office’s Credible Fear Lesson Plans for 2006, 2014, and 2017. Special thanks to Angela Edman and Dree Collopy.
BIA Finds Conviction for Carrying Concealed Firearm Not a Firearms Offense
Unpublished BIA decision terminates proceedings upon finding that carrying a concealed firearm in a vehicle under California Penal Code 12025(a)(1) is not a firearms offense. Special thanks to IRAC. (Matter of Bonilla, 3/29/17)
BIA Holds Virginia Statutory Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that burglary under Va. Code Ann. §§ 18.2-91 is not aggravated felony crime of violence or theft offense because statute is not divisible, and prior counsel provided ineffective assistance by conceding charge. Special thanks to IRAC. (Matter of H-M-F-, 3/29/17)
USCIS FOIA Response with Guidance Related to Emergency Advance Parole
In response to AILA’s FOIA request, USCIS provides a portion of the USCIS CHAP (Policy Manual), last updated in March 2017, that includes guidance on emergency advance parole and advance parole in general. Please note USCIS no longer approves advance parole requests relating to DACA cases.
S.748: Protecting the Rights of Families and Immigrants Who Legally Entered From Detention Act
On 3/28/17, Senators Menendez (D-NJ) and Harris (D-CA) introduced the Protecting the Rights of Families and Immigrants Who Legally Entered from Detention Act, which would rescind EO 13768 and protect against unlawful detentions and prohibit racial profiling by law enforcement or agencies.
CA7 Finds BIA Erred in Ignoring Petitioner’s Evidence of Materially Changed Conditions in Sudan and South Sudan
The court vacated the BIA’s decision and remanded, finding that in denying petitioner’s motion to reopen, the BIA ignored the petitioner’s evidence of growing violence in South Sudan, and evidence that he would be in danger if he were to be removed. (Arej v. Sessions, 3/28/17)
CA2 Finds There Is No Constitutional Requirement to Weigh the Proportionality of Removal Against the Grounds for Removability
The court denied the petition for review, holding that there was no merit to the petitioner’s claim that the BIA was constitutionally required to consider whether his removal was proportionate to the noncriminal grounds for removability. (Marin-Marin v. Sessions, 3/27/17)
USCIS PowerPoint Presentation on the Case Inquiry Process for DACA Renewals
USCIS provided a PowerPoint presentation with an overview of customer service tools and mechanisms to submit an inquiry about a DACA renewal case. This included a summary of the process to create online accounts, how to submit case status inquiries, and how to escalate a case inquiry with USCIS.
BIA Reopens Proceedings for DACA Grantee
Unpublished BIA decision reopens proceedings for DACA grantee who was married to a U.S. citizen and was the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Villagrana-Robles, 3/27/17)
BIA Overturns IJ’s Adverse Credibility Finding and Grants Asylum to Guatemalan Respondent on Humanitarian Grounds
Unpublished BIA decision holds respondent’s statements during her initial arrest by DHS that she did not fear returning to Guatemala and her failure to inform the border patrol agent of past abuse was not sufficient to find her not credible. Courtesy of Bradley Jenkins. (Matter of -, 2/24/17)
EOIR Provides Information for Two New Hearing Locations
EOIR released a notice with information on two new hearing locations: Cibola Detention Center, Milan, N.M. and Prairieland Detention Center, Alvarado, Texas. Immigration judges will be prepared to hear cases in these locations March 27, 2017.
CA9 Says Conditional Permanent Resident with Aggravated Felony Conviction Is Not Eligible for §212(h) Waiver
The court denied the petition for review, holding that that those who are admitted as permanent residents on a conditional basis are not eligible for a waiver of inadmissibility pursuant to INA §212(h) if they are convicted of an aggravated felony. (Eleri v. Sessions, 3/24/17)
CA8 Finds BIA Did Not Abuse Its Discretion in Refusing to Reopen Petitioner’s Removal Proceeding
The court denied the petition for review, holding that the petitioner failed to develop an argument explaining why his failure to appear was because of exceptional circumstances within the meaning of INA §240(b)(5)(C). (Alvarado-Arenas v. Sessions, 3/22/17)
AILA’s Questions Submitted to EOIR in Advance of Stakeholder Meeting Scheduled for 4/5/17
AILA’s EOIR Liaison Committee submitted questions to EOIR on 3/22/17 in anticipation of the EOIR stakeholder meeting that was scheduled for 4/5/17. On 4/3/17, EOIR cancelled this stakeholder meeting. EOIR has not yet responded to AILA’s questions.
BIA Confirms Maryland Theft Statute Is Not Divisible
Unpublished BIA decision confirms that Supreme Court’s decision in Mathis did not affect its earlier decision that theft under Maryland Criminal Code § 7-104 was not divisible, and thus never an aggravated felony theft offense. Special thanks to IRAC. (Matter of Sama, 3/22/17)
CA6 Finds BIA Improperly Required Petitioner to Prove He Was Not Under Surveillance When He Entered the United States
The court held that the government was required to show that petitioner was under surveillance from the time he crossed the border until border agents apprehended him, and remanded for BIA to further consider petitioner’s eligibility for special rule cancellation. (Lopez v. Sessions, 3/21/17)
BIA Overturns IJ's Denial of Request For Waiver of Inadmissibility
Unpublished BIA decision overturns IJ’s discretionary denial of request for waiver of inadmissibility after determining that some of the negative factors that informed the denial were based on speculation and conjecture. Courtesy of Rebecca Kitson. (Matter of -, 3/20/17)
Sign-On Letter Urging Congress to Not Fund President Trump’s Mass Deportation Plan and Border Wall
On 3/23/17, AILA joined over 400 organizations from the progressive and faith-based communities urging congressional leadership to not fund President Trump’s mass deportation plan and border wall.
CA2 Finds Dominican Petitioner Born to Unwed Parents Is Not Eligible for Derivative Citizenship Through His Father’s Naturalization
The court denied the petition for review, holding that the Dominican LPR petitioner was not a “child” eligible for derivative citizenship through his father’s naturalization, because he was not “legitimated” within the meaning of former INA §321(a). (Gil v. Sessions, 3/17/17)
EOIR Provides New Hearing Location Details
As EOIR continues implementation of EO 13767, immigration judges will begin to serve details on 3/20/17. Immigration judges in these six locations – Dilley, TX; Jena, LA.; Karnes City, TX; Laredo, TX; Chaparral, NM; and Livingston, TX – join judges detailed to Adelanto, CA and Otay Mesa, CA.
Staining America’s Image
Tuesday night, I spoke at a “Know Your Rights“ event in Tucson, Arizona, to a large group of concerned and fearful refugees from all over the world, including countries such as Iraq, Eritrea, Ethiopia and Somalia. Afterward, I spoke individually to several of the attendees who expressed anguis
Report from the Sentencing Project: Immigration and Public Safety
The Sentencing Project released a report with a survey of key research on immigration and crime, and seeks to enable the public and policymakers to engage in a more meaningful policy debate rooted in facts. Immigrants—regardless of legal status—commit crimes at lower rates than native-born citizens
Chief Justice Cantil-Sakauye Objects to Immigration Enforcement Tactics at California Courthouses
California Chief Justice Cantil-Sakauye issued a letter to Attorney General Sessions and DHS Secretary Kelly expressing her deep concern about reports from trial courts that immigration agents appear to be “stalking undocumented immigrants in our courthouses to make arrests.”