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
CA8 Affirms BIA’s Denial of Withholding and CAT Relief for Chinese Petitioner
The court upheld the BIA’s denial of withholding and CAT relief, finding that substantial evidence supported the BIA’s determination that petitioner failed to demonstrate it was more likely than not that she would be persecuted or tortured if she returned to China. (Chen v. Holder, 1/15/15)
CA4 Holds Unauthorized Use Under Va. Code § 18.2-102 Is Not an Aggravated Felony
The court vacated the removal order, holding that because there is a realistic probability Virginia would apply its unauthorized use statute, Va. Code § 18.2-102, to conduct that falls outside the BIA’s definition of theft offense, it is not an aggravated felony. (Castillo v. Holder, 1/14/15)
BIA Deems Application Submitted by Fax Abandoned
Unpublished BIA decision finds respondent abandoned request for 211(b) waiver because his attorney improperly filed Form I-193 by fax with the immigration court rather than as a paper submission. Special thanks to IRAC. (Matter of Gumbs, 1/13/15)
CA4 Says 4/30/01 Deadline in §245(i) Is Not Subject to Equitable Tolling
The court agreed with the BIA and the Ninth Circuit that the 4/30/01 deadline imposed on INA §245(i) operates as a statute of repose that is not subject to equitable tolling. (Prasad v. Holder, 1/12/15)
BIA Finds Unlawful Intercourse with a Minor Under California Penal Code Is an Aggravated Felony
The court concluded that the crime of unlawful intercourse with a minor in violation of California Penal Code §261.5(c) categorically constitutes “sexual abuse of a minor” and is an aggravated felony under INA §101(a)(43)(A). Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015)
BIA Finds Reckless Conduct under Texas Penal Code is CIMT
The BIA held that the offense of deadly conduct under the Texas Penal Code § 22.05(a), which punishes a person who “recklessly engages in conduct that places another in imminent danger of serious bodily injury,” is categorically a CIMT. Matter of O.A. Hernandez, 26 I&N, Dec. 464 (BIA 2014)
CA8 Holds Substantial Evidence Supports IJ’s Adverse Credibility Determination
The court denied the petition to review the asylum, withholding, and CAT denials, finding that the Somali petitioner’s inconsistent testimony and lack of corroborating evidence provided substantial evidence to support the IJ’s adverse credibility determination. (Ali v. Holder, 1/8/15)
USCIS Fliers on Executive Actions on Immigration
USCIS fliers warning potential applicants to avoid scams relating to executive actions on immigration, not to submit requests until new initiatives are available, and providing eligibility requirements for expanded DACA and DAPA. Fliers are available in English, Korean, Spanish, and Vietnamese.
CA2 Finds Waiver Available to LPR Who Adjusted Status
The court found petitioner, an LPR who initially entered lawfully without LPR status, is eligible to seek a §212(h) waiver because he is unambiguously not "an alien who has previously been admitted to the U.S. as an alien lawfully admitted for permanent residence." (Husic v. Holder, 1/8/15)
VOICE: January 2015
In the January 2015 VOICE, learn about collaborating with criminal defense counsel, resisting the pressure to reduce your fees, proving extreme hardship for a relative based on health issues, expanding your professional network with AILA’s free tools, and more!
DHS OIG Report on Allegations of Inappropriate Relationships at Karnes Detention Facility
DHS’s Office of Inspector General released a report after conducting an investigation into allegations of inappropriate relationships between detention officers and female detainees at the Karnes Detention Facility. Investigation found no evidence to substantiate the allegations.
BIA Grants Interlocutory Appeal Challenging Denial of Motion Change of Venue
Unpublished BIA decision grants interlocutory appeal challenging denial of a motion to change venue, finding proximity to respondent’s residence, witnesses, and attorney of record constituted good cause. Special thanks to IRAC. (Matter of Reyes, 1/7/15)
CA6 Says Crimes of Deliberate and Material Dishonesty Are Categorically CIMTs
The court held that crimes of deliberate dishonesty involving material facts are categorically crimes of moral turpitude and that the IJ did not violate petitioner’s due process rights by amending the NTA to reflect the correct statute of conviction. (Fayzullina v. Holder, 1/6/15)
DHS Update to ICE Alien Health Records System of Records
DHS notice on update of “DHS/ICE-013 Alien Health Records System of Records,” which maintains records that document the health screening, examination, and treatment of aliens arrested or detained by DHS or ICE. Comments are due by 2/4/15 and system is effective 2/4/15. (80 FR 239, 1/5/15)
DOS and DHS Launch Awareness Campaign on Executive Action on Immigration
DOS and DHS “Executive Action on Immigration: Know the Facts” awareness campaign, a national and international effort aimed at the Mexican and Central American public, explaining how DAPA will be implemented and who is eligible, in an effort to dispel potential misinformation.
BIA Says IJ Erred in Determining 42 USC §408(a)(8) Conviction Is a CIMT
Unpublished BIA decision reversing IJ’s decision to pretermit the cancellation application because petitioner was convicted of a CIMT, holding that neither fraud or deceit, or impairing the function of government are inherent in the statutory language of 42 USC §408(a)(8). Courtesy of Paul Scott.
BIA Holds Sexual Misconduct in Kentucky Not an Aggravated Felony or CIMT
Unpublished BIA decision holds sexual misconduct under Kent. Rev. Stat. 510.140 is not an aggravated felony rape offense and is not a CIMT because it can apply to voluntary sexual intercourse between closely aged minors. Special thanks to IRAC. (Matter of Delgado, 1/2/15)
BIA Holds Use of Another’s Social Security Number Not a CIMT
Unpublished BIA decision finds disclosure and use of another's Social Security number under 42 U.S.C. 408(a)(8) is not CIMT because neither offense does not require fraud, deceit, or impairing the function of the government. Special thanks to IRAC. (Matter of S-G-G-, 1/2/2015)
Immigration Law Advisor, January 2015 (Vol. 9, No. 1)
The January 2015 Immigration Law Advisor, a legal publication from EOIR, includes an article on issue preclusion in immigration, summaries of circuit court decisions for December 2014 and calendar year 2014 totals, summaries of recent BIA precedent decisions, and a regulatory update.
DOJ OIL January 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2015, with an articles on Husic v. Holder and the AAO's publication of its practice manual, as well as summaries of circuit court decisions for January 2015.
Practice Pointer: Challenges and Strategies Beyond Relief
AILA provides a practice pointer from the 2014-15 edition of Immigration Practice Pointers with guidance for attorneys with clients in removal proceedings including challenging the Notice to Appear and the Form I-213, timing and using motions to suppress, and making due process challenges.
CA11 Remands USCIS Determination of Petitioner’s Inability to Adjust Status Under the CAA
The court held neither INA §242(a)(2)(B)(i) nor 8 CFR §§245.2(a)(5)(iii) and 1245.2(a)(5)(iii) bar an alien from seeking review from a district judge of the USCIS determination that the alien is statutorily ineligible to adjust under the Cuban Adjustment Act (CAA). (Perez v. USCIS, 12/19/14)
BIA Orders Further Consideration of Provisional Waiver Despite Prior DUI Conviction
Unpublished BIA decision remands record for consideration of whether respondent, who was previously convicted of driving under the influence, would qualify for a provisional waiver (Form I-601A). Special thanks to IRAC. (Matter of Albarracin, 12/30/14)
CA5 Holds Public Lewdness Under Texas Penal Code §21.07 Is Not a CIMT
The court held that because public lewdness under Texas Penal Code §21.07 is divisible into discrete subsections of turpitudinous acts and non-turpitudinous acts, the petitioner’s offense under that statute is not categorically a CIMT. (Cisneros-Guerrerro v. Holder, 12/29/14)
Immigration, Civil Rights, and Labor Groups Join Legal Effort to Defend President’s Executive Action on Immigration
AILA joined the American Immigration Council and other immigration, civil rights, and labor groups on an amicus brief in the case, State of Texas vs. United States, opposing the states’ request for a preliminary injunction against the Obama Administration’s new deferred action initiatives.