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
DHS OIG Report on Unresolved Recommendations as of 9/30/14
DHS Office of the Inspector General (OIG) report on DHS open unresolved recommendations over six months old as of 9/30/14 that require action, including recommendations on CBP’s implementation of the Western Hemisphere Travel Initiative and managing mental health cases in immigration detention.
AILA Quicktake #104: Artesia Tour of Duty
AILA President-Elect Victor Nieblas spent a week on the ground in Artesia volunteering with the Pro Bono Project. In this Quicktake, he shares his experiences on his Tour of Duty. To volunteer at Artesia, go to www.aila.org/beavolunteer. Can't volunteer? Donate at www.aila.org/helpthevolunteers
BIA Grants Motion to Reopen Due to Changed Conditions in Ukraine
Unpublished BIA decision granting the Motion to Reopen due to changed country conditions in Ukraine, and remanded for the respondent to present evidence in support of his application for asylum, withholding, and protection under CAT. Courtesy of Mark J. Devine.
BIA Says Form I-9 Is Admissible as Evidence in Removal Proceedings
The BIA held that a Form I-9, Employment Eligibility Verification, is admissible in immigration proceedings to support charges of removability against a noncitizen and to determine his or her eligibility for relief from removal. Matter of Bett, 26 I&N, Dec. 437 (BIA 2014)
District Court Orders DHS to Provide Mental Health Screenings for Detainees in Three States
District court order requiring DHS to provide mental health screenings and assessments for individuals in detention centers in California, Washington, and Arizona, within 90 days of the entry of the order. (Franco-Gonzalez v. Holder, 10/29/14)
CA4 Finds IJ Conflated Adverse Credibility with Fraud and Willful Misrepresentation
The court vacated the BIA’s decision and remanded, finding that the IJ committed legal error by conflating adverse credibility with fraud and willful misrepresentation and that the willful representation ruling was not supported by substantial evidence. (Yang v. Holder, 10/29/14)
CA9 Says Arizona Fraud Conviction Involving Employment Application Is a CIMT
The court held that the petitioner’s conviction under Arizona Revised Statutes §13-2002 constituted a crime involving moral turpitude (CIMT) since the statute criminalized conduct that constituted fraud, and Beltran-Tirado was inapplicable. (Espino-Castillo v. Holder, 10/29/14)
CRS Policy Overview of Legal Permanent Immigration to the U.S.
Congressional Research Service report on legal permanent immigration law, policies, and trends, providing a backdrop for the policy options and debates that may emerge as Congress considers a revision of the legal immigration system.
DHS Exercises Prosecutorial Discretion for Respondent Who Made False Claim to Citizenship
Unpublished BIA decision administratively closes proceedings after DHS favorably exercises prosecutorial discretion for respondent who was ineligible to adjust status because she falsely claimed to be a U.S. citizen on numerous Form I-9s. Special thanks to IRAC. (Matter of Amwayi, 10/28/14)
BIA Orders Consideration of Evidence Submitted on Flash Drive
Unpublished BIA decision orders IJ to consider video evidence submitted on flash drive that purportedly supports allegations that respondent was subject to pretextual traffic stop. Special thanks to IRAC. (Matter of Fuentes, 10/28/14)
CA9 Declines to Review BIA Decisions Relating to California Drug Offense
The court denied the petition for review of three decisions by the BIA, culminating in the BIA’s conclusion that the prior conviction of sale of a controlled substance under California Health and Safety Code §11378 is an aggravated felony. (Padilla-Martinez v. Holder, 10/27/14)
House Democrats Press DHS Against Expansion of Family Detention System
A 10/27/14 letter from 32 House Democrats, led by Rep. Zoe Lofgren (D-CA), to President Obama opposing expansion of the family detention system, citing concerns with the no-bond/high-bond policy, the disparity in credible fear interview rates, and the lack of child care in the facilities.
CA8 Holds Minnesota Offense of Making Terroristic Threats Is a CIMT
The court held the BIA permissibly categorized petitioner’s offense of making terroristic threats in violation of Minnesota statute §609.713 subd. 1 as a crime involving moral turpitude (CIMT) and did not err in concluding he was ineligible for cancellation. (Avendano v. Holder, 10/27/14)
Practice Pointer: Keeping Your EOIR eRegistry Account Active
At the October 23, 2014 AILA EOIR Liaison Committee meeting, EOIR clarified several key aspects of its eRegistry program for attorneys, including how to keep an account active and how to reactivate an account. EOIR also advised the committee on upcoming features that will be added to the portal.
BIA on Time Period for Establishing Extreme Hardship Under INA §216(c)(4)(A)
The BIA held that to establish eligibility for a waiver under INA §216(c)(4)(A), the period to determine whether removal would result in extreme hardship is the two-year period for which the alien was admitted as a conditional permanent resident. Matter of Munroe, 26 I&N Dec. 428 (BIA 2014)
CA9 Says Arizona Conviction for Criminal Impersonation Is a CIMT
The court held that petitioner’s conviction for criminal impersonation by assuming a false identity with intent to defraud, in violation of Arizona Revised Statutes §13-2006(A)(1), is categorically a crime involving moral turpitude (CIMT). (Hernandez de Martinez v. Holder, 10/24/14)
CA6 Applies Camarillo, Says Defective NTA Suffices for Triggering Stop-Time Rule
The court denied the petition, deferring to the BIA’s decision in Matter of Camarillo that the ten-year clock stops running upon service of the notice to appear (NTA), even if it fails to tell the individual when the hearing will occur. (Gonzalez-Garcia v. Holder, 10/24/14)
VSC Meeting Notes and Practice Pointers on VAWA, U, and T Filings (10/24/14)
Meeting notes and practice pointers compiled by the AILA VAWA Committee and ASISTA from the Vermont Service Center (VSC) stakeholder event held at VSC on October 24, 2014. Includes information on customer service and processing issues, the hotline, RFEs, the U visa waitlist, I-765s, and VAWA cases.
AILA Law Student E-News, Fall 2014 (Vol 7, No. 1)
This latest edition brings you how students can prepare themselves for a future as an immigration attorney, getting started in immigration law research and expert tips on succeeding in private practice.
AILA/EOIR/OCAHO Liaison Meeting Minutes (10/23/14)
Minutes from the 10/23/14 AILA liaison meeting with EOIR and OCAHO. Topics include updates on hiring new IJs and ALJs, the EOIR computer system failure, e-Registry, the priority docket for recent border crossers, UACs, family detention, cancellation of removal, an index of CAHO decisions, and ADR.
CA7 Finds Judge Applied Wrong Standard in Assessing Continuous Residence
The court vacated and remanded, holding that the administrative law judge erred when he applied his own standard that imperfect recollection precluded a finding of continuous residence to qualify for cancellation of removal pursuant to INA §240A(d)(2). (Lopez-Esparza v. Holder, 10/23/14)
CA5 Says BIA Did Not Err in Determining Statute of Conviction Was Divisible
The court denied the petition, holding that under Descamps, 8 USC §554(a) was divisible and the BIA did not err in applying the modified categorical approach to determine whether the petitioner had been convicted of an aggravated felony. (Franco-Casasola v. Holder, 10/23/14)
CA1 Vacates and Remands Asylum Denial for Indonesian Christian
The court vacated the removal order and remanded, finding that the BIA gave an insufficient explanation of why the petitioner failed to demonstrate that she suffered past persecution as a Christian in Indonesia. (Panoto v. Holder, 10/22/14)
AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Separated from Husband
Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen (USC) spouse would face extreme medical and financial hardship if separated, and other favorable factors including ties to a USC child and steady employment warranted discretion. Courtesy of Jennifer A. Gutierrez.
EOIR Expands Legal Orientation Program Sites to Include Karnes
EOIR press release announcing that beginning 11/1/14, EOIR will provide assistance through the Legal Orientation Program (LOP) to families detained at the Karnes Family Residential Center. Since October 2013, the LOP has expanded to seven additional detention sites including Artesia.