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 Affirms Removal of Respondent With Significant Medical Conditions
Unpublished BIA decision affirms removal of respondent with rheumatic heart disease and neurological condition after DHS declines to exercise prosecutorial discretion. (Matter of Barros, 1/23/14) Special thanks to IRAC.
BIA Reverses Denial of Continuance for Adjudication of I-751
Unpublished BIA decision finds IJ should have continued proceedings to permit USCIS to adjudicate the respondent’s petition to remove conditions of residence (Form I-751). (Matter of Ruiz, 1/23/14) Special thanks to IRAC.
BIA Says IJs Must Independently Review Denial of N-600
Unpublished BIA decision remands record because IJ failed to make independent determination of respondent’s derivative citizenship claim after USCIS denied his Application for Certificate of Citizenship (Form N-600). (Matter of Moreno, 1/23/14) Special thanks to IRAC.
CA4 Finds Former Gang Members Can Be Particular Social Group
The court reversed the BIA, and held that the particular social group of former MS-13 members who have renounced their gang membership is immutable for withholding of removal purposes. (Martinez v. Holder, 1/23/14)
CA9 Finds USCMJ Conviction Is Not An Aggravated Felony
The court remanded to the BIA with instructions to vacate the removal order, finding that petitioner’s conviction relating to child pornography under the Uniform Code of Military Justice (UCMJ) is not an aggravated felony under INA §101(a)(43(I). (Aguilar-Turcious v. Holder, 1/23/14)
BIA Says Amount of Restitution Not Always Reliable Way to Show Victim Loss
Unpublished BIA decision dismissing appeal and upholding finding that federal computer fraud is an aggravated felony but says amount of restitution not always reliable measure of victim loss under INA 101(a)(43)(M)(i). (Matter of Rinquillo de Corrales, 1/22/14) Special thanks to IRAC.
TRAC Report Finds Number of Detainers Issued By ICE Dropped 23% Since FY2012
Transactional Records Access Clearinghouse (TRAC) report finds that ICE detainers have dropped 23% since FY2012, including a 32% drop in detainers issued against females. But there was an increase in detainers issued for some nationalities such as individuals from Laos and Haiti.
Updated LAC Practice Advisory on Stays of Removal in the Courts of Appeals
The American Immigration Council released an updated practice advisory, Seeking a Judicial Stay of Removal in the Court of Appeals, which provides information on requesting and obtaining stays of removal. It also addresses implications of government policies on successful appeals.
DHS Annual Report of Immigration Enforcement Actions for 2012
DHS Office of Immigration Statistics December 2013 Annual Report on immigration enforcement actions for 2012, including information on border apprehensions, NTAs, detentions, removals and returns, and statistics on enforcement actions broken down by age, sex, and nationality.
Statistics of S Immigrant and Nonimmigrant Visas
Data released through FOIA on S immigrant and nonimmigrant applications since 2007, broken down by fiscal year and granting agency. Special thanks to the South Florida AILA Chapter.
CA9 Finds Petitioner with Post-Entry Adjustment Is Eligible for §212(h) Waiver
The court held that petitioner was not barred from applying for a waiver, because her post-entry adjustment of status to lawful permanent resident after her admission to the U.S. did not constitute an admission in the context of INA §212(h). (Negrete-Ramirez v. Holder, 1/21/14)
AILA Amicus Brief on Stop Time Rule
AILA amicus brief arguing that when a Notice to Appear omits information about the time and place of the hearing, it is not sufficient for triggering the stop time rule in INA §240A(d)(1), and that the BIA should reexamine Matter of Camarillo.
BIA Sustains Appeal for Cancellation of Removal Denial
Unpublished BIA decision vacates and remands for further consideration of cancellation application, finding that possession of a firearm is not necessarily an aggravated felony and visa interview fraud does not necessarily determine ineligibility for cancellation. Courtesy of Nathan Christensen.
CA6 Remands for BIA to Decide Whether Offense Is a CIMT
The court remanded for the BIA to decide whether petitioner’s offense under Michigan law is a CIMT and whether he is removable without giving his attorney’s concession binding effect, and separately affirmed the BIA’s conclusion that he is ineligible for asylum. (Hanna v. Holder, 1/17/14)
CA1 Dismisses Petition to Review Waiver Denials for Lack of Jurisdiction
The court lacked jurisdiction to review the IJ and BIA’s discretionary waiver denials based on “extreme hardship” and “good faith” under INA §216(c)(4) of the joint filing requirement for removal of conditions on permanent residency. (Lopez v. Holder, 1/17/14)
USCIS Data on DACA Cases Received Through January 17, 2013
USCIS statistics on DACA cases from 8/15/12 to 1/17/13 which shows a total of 394,533 accepted DACA requests for processing, 371,103 biometric services appointments scheduled, and 154,404 requests approved.
CA4 Remands Asylum Denial for Bipolar Individual from Tanzania
The court vacated and remanded, finding that the petitioner who suffered severe harm in hospitals and prisons in Tanzania qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior. (Temu v. Holder, 1/16/14)
BIA Remands Motion to Reopen Due to Insufficient IJ Decision
Unpublished BIA decision remands record where IJ denied motion to reopen based on reasons stated in DHS opposition and without engaging in fact-finding or providing analysis. (Matter of Hazuri, 1/16/14) Special thanks to IRAC.
National Sign on Letter on Enforcement
On 1/16/14 AILA joined 17 other national organizations in a sign on letter to DHS Secretary Johnson and Deputy Secretary Mayorkas on immigration enforcement.
TRAC Report Finds Seven Percent of Immigration Court Cases Closed in First Quarter of FY2014
Transactional Records Access Clearinghouse (TRAC) report finds that seven percent of all Immigration Court cases were closed by prosecutorial discretion during the first quarter of FY2014, up from 4.7% during FY2012 (the first year of the PD program).
BIA Holds Reckless Endangerment Offense is Crime of Violence
Unpublished BIA decision holds Kansas statute criminalizing the reckless causing of great bodily harm or disfigurement is a crime of violence under 18 USC 16(a) and 16(b). (Matter of Lacier, 1/15/14) Special thanks to IRAC.
CA1 Upholds Denial of MTR for Guatemalan Teacher Seeking Asylum
The court denied the petition for review, upholding the BIA’s denial of the motion to reopen (MTR) the removal proceedings, because the new evidence did not prove persecution in Guatemala was on account of teachers’ public teaching and opposition to gangs. (Rosales v. Holder, 1/15/14)
BIA Remands to Consider Adjustment Application
Unpublished BIA decision grants motion to remand upon finding evidence submitted on appeal sufficient to warrant consideration of adjustment application. (Matter of Suvarnasara, 1/14/14) Special thanks to IRAC
BIA Articulates Scope of Moncrieffe v. Holder
Unpublished BIA decision says Supreme Court’s decision in Moncrieffe holds that a marijuana distribution offense that does not involve remuneration or more than a small amount it is not an aggravated felony “under the Act.” (Matter of Contreras, 1/14/14) Special thanks to IRAC.
DOJ 30-Day Extension to Request for Comments on Voluntary Form EOIR-31A
DOJ 30-day comment request allowing an additional 30 days for comments on the Request by Organization for Accreditation of Non-Attorney Representative (Voluntary Form EOIR-31A). Comments are now due 2/13/14. (79 FR 2478, 1/14/14)