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
Senator Menendez Responds to ICE Family Detention Announcement
On 5/14/15, Senator Bob Menendez (D-NJ) issued a statement in reaction to ICE’s family detention announcement, stating “The Administration’s efforts simply do not go far enough and are an unacceptable response to adequately address the grave concerns of detaining women and children.”
AILA Quicktake #126: ICE Announcement on Family Detention
AILA's Director of Advocacy Greg Chen discusses Immigration and Customs Enforcement's (ICE) announcement of plans for “enhanced oversight for family residential centers.”
AILA: Little Meaningful Change in ICE Announcement on Family Detention
AILA President Leslie A. Holman responded to the announcement of plans by Immigration and Customs Enforcement (ICE) for “enhanced oversight for family residential centers” saying the plans do “almost nothing to address the fundamental issue that there is no humane way to detain families.”
ICE Announces Series of Actions Related to Family Detention Centers
ICE news release on actions it will be taking on oversight for family detention centers, including a review process for families detained beyond 90 days, providing dedicated work space for pro bono attorneys, designation of a senior ICE official to review facility policies, and other reforms.
Representatives Call for End to Family Detention
On 5/13/15, Representatives Luis V. Gutiérrez (D- IL), Lucille Roybal-Allard (D-CA), and Zoe Lofgren (D-CA) issued a statement calling on DHS to end its family detention policy after a new set of actions was announced by ICE.
DHS OIG Report on Collection of Prosecutorial Discretion Data
DHS OIG report titled “DHS Missing Data Needed to Strengthen Its Immigration Enforcement Efforts,” finding that “DHS may not be using its significant investment in immigration enforcement as efficiently as possible” and recommending that DHS collect data on the use of prosecutorial discretion.
BIA Remands Petitioner’s Asylum Claim in Light of Recent PSG Decisions
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of whether the petitioner, who was abused as a child by her mother’s live-in boyfriend, was harmed on account of her membership in a particular social group (PSG). Courtesy of Diana M. Bailey.
CRS Report on State Challenges to Federal Enforcement of Immigration Law
A Congressional Research Service (CRS) report on state challenges to federal enforcement of immigration law, including historical precedents and pending litigation in Texas v. United States.
CA8 Upholds BIA's Denial of Guatemalan Petitioner's Motion to Reopen
The court denied motion to reopen and motion to reconsider, finding that the Guatemalan petitioner did not demonstrate through evidence that the death of his friend in Guatemala reflected a change in country conditions there. (Martinez v. Lynch, 5/12/15)
AILA Quicktake #125: First Asylum Win in Dilley
AILA member and CARA Family Detention Pro Bono Project volunteer Kim Hunter shares the news of her client's asylum victory after her client was detained in the Dilley family detention facility.
BIA Finds LPR Who Adjusts Status In U.S. Is Not Barred from §212(h) Waiver Due to Aggravated Felony Conviction
The BIA held that a respondent who adjusted status in the U.S., and who has not entered as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h), as a result of an aggravated felony conviction. Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015)
CA7 Reaffirms That 212(h) Waivers Are Not Available Nunc Pro Tunc
The court held that nunc pro tunc waivers under INA §212(h) are not available on a “stand alone” basis to a petitioner, and that a petitioner must request a waiver of inadmissibility in conjunction with an application for adjustment of status. (Palma-Martinez v. Lynch, 5/11/15)
Sign-On Letter Calling for an End to Family Detention
A 5/11/15 sign-on letter from 188 organizations calling on President Obama to end the detention of children and mothers fleeing violence in Central America.
Letter from Congress Calling for DHS Accountability on Immigration Enforcement Priorities
A 5/11/15 letter to Secretary Jeh Johnson from 39 members of Congress, requesting that DHS adhere to the November 2014 enforcement priorities, stating that ICE failed to apply, or inconsistently applies, mandated exceptions and, in some cases, even targeted individuals outside the priorities.
BIA Holds Pendency of State Court Dependency Hearing Constituted Good Cause for Continuance
Unpublished BIA decision holds that respondent established good cause for 90-day continuance by presenting notice of a state court hearing to determine his eligibility for Special Immigrant Juvenile status. Special thanks to IRAC. (Matter of R-S-P-, 5/11/15)
Judge Orders Rehearing in CA9 Decision that Overturned BIA's Decision in Almanza-Arenas
The court overturned a BIA published decision, holding that because the record was inconclusive as to whether petitioner was convicted of temporarily or permanently taking a vehicle, the BIA erred in applying the modified categorical approach. (Almanza-Arenas v. Holder, 11/10/14)
CA9 Upholds BIA’s Discretionary Determination Under Matter of Jean Standard
The court dismissed in part and denied in part the petition for review, holding that the BIA's discretionary decision that petitioner's sexual battery offense was a violent or dangerous crime was not subject to judicial review under 8 U.S.C. §1252(a)(2)(B). (Torres-Valdivias v. Lynch, 5/8/15)
CRS Report on Immigration Detainers
A Congressional Research Service (CRS) report on immigration detainers, including ICE detainer regulations and practices, state and local compliance, custody determinations, and constitutional issues.
BIA Finds Respondent Who Voted in Federal Election Removable Under the INA
The BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 U.S.C. §611(a) is removable, whether or not the respondent knew that he or she was committing an unlawful act by voting. Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015)
BIA Rescinds in Absentia Order Due to Misadvice from ICE Officer
Unpublished BIA decision rescinds in absentia removal order in light of ICE officer’s misadvice that respondent could change venue to a different immigration court following her release from custody. Special thanks to IRAC. (Matter of Guzman, 5/7/15)
BIA Rescinds in Absentia Order Due to Misplaced Hearing Notice
Unpublished BIA decision finds that reopening and rescission of the in absentia removal order was warranted pursuant to INA §239(a)(2), in light of respondent’s argument that her grandmother misplaced the hearing notice. Special thanks to IRAC. (Matter of Alfaro, 5/6/15)
BIA Finds Circuit Remand Qualifies as Changed Circumstances for Bond Purposes
Unpublished BIA decision finds unopposed OIL motion to remand following appeal to Ninth Circuit qualifies as a material change in circumstances for purposes of respondent’s request for custody redetermination. Special thanks to IRAC. (Matter of Rodriguez Garcia, 5/6/15)
BIA Holds Possession of Child Pornography in California Is an Aggravated Felony
Unpublished BIA decision holds that possession of child pornography under California Penal Code §311.11(a) is categorically an aggravated felony. Special thanks to IRAC. (Matter of Calito, 5/5/15)
EOIR Announces Launch of eInfo
EOIR press release announcing the launch of eInfo, a web-based application that allows registered attorneys and fully accredited representatives to view their clients’ case information and provides similar information currently available via the Automated Case Information Hotline.
IJ Reverses and Terminates Removal Proceedings Due to Silva-Trevino Vacatur
The IJ found that the vacatur of Matter of Silva-Trevino removed the requirement that courts must examine the record of conviction whenever an overbroad statute encompasses both turpitudinous and non-turpitudinous conduct, regardless of the statute's structure. Courtesy of Brian Blackford.