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
CA1 Denies Withholding and CAT Relief to ICE Informant
The court upheld the withholding and CAT denials, finding that “former ICE informants who have acted against Brazilian citizens resulting in their deportation” did not constitute a social group and that the persecution was on account of a personal vendetta. (Costa v. Holder, 10/4/13)
BIA Remands CAT Claim Where IJ Ignored Evidence
Unpublished BIA decision remands for further consideration in the abundance of caution the deferral of removal where IJ failed to consider evidence regarding prison conditions in Thailand and the basis for the denial was unclear. Special thanks to IRAC. (Matter of V-V-, 10/4/13)
BIA Finds Delaware Second Degree Assault Not Crime of Violence
Unpublished BIA decision holds second degree assault in Delaware is not an aggravated felony crime of violence because offense neither requires use of force nor involves substantial risk that perpetrators will intentionally use force. Special thanks to IRAC. (Matter of Turou, 10/4/13)
DHS Guidance on Enforcement Operations During Tropical Storm/Hurricane Karen
DHS letter on CBP and ICE enforcement actions during Tropical Storm/Hurricane Karen, stating that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to the storm, including the use of checkpoints for immigration purposes in impacted areas.
CA5 Denies Adjustment to VAWA Self-Petitioner with K-1 Visa
The court denied the petition, finding that although the petitioner’s VAWA self-petition was granted, she was not eligible to adjust status under INA §245(d) because she did not marry her K-1 citizen-petitioner from a prior relationship. (Le v. Att’y Gen, 10/3/13)
BIA Finds IJs Failed to Sufficiently Examine Possible Asylum Claim
Unpublished BIA decision remands for further consideration of potential asylum claim where respondent asserted fear of gangs in El Salvador. Special thanks to IRAC. (Matter of Monge, 10/3/13)
BIA Finds Grant of SIJS Petition Not an “Admission”
Unpublished BIA decision denies motion to reopen and finds grant of a Special Immigrant Juvenile Status (SIJS) petition does not constitute an “admission” requiring termination of removal proceedings. Special thanks to IRAC. (Matter of Perez, 10/3/13)
CA3 Finds §240A(a) Cancels Removal but Not Conviction in Subsequent Proceedings
The court found that the petitioner’s 1999 drug conviction, which was waived by the grant of cancellation of removal, nonetheless continued to constitute grounds of ineligibility for adjustment and a §212(h) waiver in subsequent proceedings. (Taveras v. Att’y Gen, 10/1/13)
Immigration Law Advisor, September-October 2013 (Vol. 7, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article the departure bar and how the circuit courts and the BIA handle it, circuit court decisions for October and November 2013, and recent BIA precedent decisions.
DOJ List of EOIR Forms
List of EOIR downloadable forms.
IJ Grants Respondents’ Applications for Cancellation of Removal
The court dismisses the false claims to citizenship charges against the husband and wife, and due to their continuous and physical presence in the U.S., good moral character, and three U.S. citizen children, grants their applications for cancellation of removal. Courtesy of Sandra Grossman.
DOJ OIL October 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for October 2013, with articles on an asylum applicant’s due process rights and frivolous findings based on a withdrawn asylum application, as well as recent circuit court decisions and monthly topical parentheticals.
TRAC Report Finds New ICE Detainer Guidelines Have Little Impact
Transactional Records Access Clearinghouse (TRAC) report finds that since the stricter detainer guidelines were issued in December 2012, fewer than one in nine of the ICE detainers met the agency’s stated goal of targeting individuals who pose a serious threat to public safety or national security.
CA1 Holds Post-Departure Bar Cannot Prevent Noncitizen from Filing Motion to Reopen (MTR)
The court vacated and remanded, holding that 8 CFR §1003.2(d) (the “post-departure bar”) conflicts with the unambiguous language of INA §240(c)(7) and cannot prevent a noncitizen from invoking his/her statutory right to file a MTR. (Perez Santana v. Holder, 9/27/13)
SEC Files Fraud Charges For Scheme to Defraud EB-5 Investors
SEC filed fraud charges against a Texas-based scheme targeting EB-5 foreign investors, including allegations of soliciting investors prior to the approval of the EB-5 regional center by USCIS and failing to hold investments in escrow as required. (SEC v. Marco A. Ramirez, et al., 9/30/13)
Adjudication Issues Where Applicants File Both a DACA Application and a U/T/VAWA Petition
The AILA VAWA, Us and Ts Committee provides information on DACA applications that are filed where the applicant has also filed a VAWA, U or T visa petition either prior to or after the DACA application.
BIA Finds Advance Parole Does Not Restart Clock for Unauthorized Employment
Unpublished BIA decision upholds denial of adjustment due to unauthorized employment and finds 180-day clock did not restart after respondent re-entered on advance parole. Special thanks to IRAC. (Matter of Bojko, 9/30/13)
BIA Rescinds In Absentia Order Where Respondent Did Not Receive Notice
Unpublished BIA decision rescinds in absentia removal order where NTA and hearing notice were sent to outdated address obtained from INS files from 1993 and were returned as undeliverable. Special thanks to IRAC. (Matter of Holtzman, 9/30/13)
CA1 on Post-Departure Bar
Despite a delay in filing the MTR, the court vacated and remanded, holding that 8 CFR §1003.2(d) (the “post-departure bar”) conflicts with the unambiguous language of INA §240(c)(7) and cannot prevent a noncitizen from filing a MTR. (Bolieiro v. Holder, 9/27/13)
CA7 Denies Asylum to Chinese Christian Living in Indonesia
The court upheld the BIA’s denial of the asylum, withholding and CAT claims, finding that the petitioner’s motion to reopen did not point to any evidence that was previously undiscoverable and that the disfavored group approach did not apply. (Salim v. Holder, 8/28/13)
BIA Holds Illegible Signature on NTA Not Valid Basis for Termination of Proceedings
Unpublished BIA decision sustains DHS appeal and finds IJ erred in terminating proceedings because signature on Notice to Appear (NTA) was not legible. Special thanks to IRAC. (Matter of Lopez, 9/27/13)
BIA Upholds Removal of Longtime EWI with Diabetes Requiring Medical Treatment
Unpublished BIA decision upholds removal order against respondent who entered without inspection in 2000 and requires medical treatment for diabetes. Special thanks to IRAC. (Matter of Flores, 9/27/13)
BIA Upholds Adverse Credibility Finding Against Respondent Claiming Inspection and Admission
Unpublished BIA decision upholds adverse credibility finding against respondent who lacked a passport stamp but claimed to have entered the country by vehicle through a port of entry. Special thanks to IRAC. (Matter of Alves Da Silva, 9/27/13)
BIA Remands for Reconsideration of Precedential Decision Finding Stalking to be Crime of Violence
Unpublished BIA decision remands to the IJ for further consideration after a remand from the Fourth Circuit for further consideration on whether stalking under Cal. Penal Code 646.9(a) is categorically an aggravated felony crime of violence. Special thanks to IRAC. (Matter of Singh, 9/27/13)
CA5 Holds Expedited Removal Applies to All Noncitizens
The court denied the petition, holding that INA §238(b)’s expedited removal process applies to all noncitizens, including those who entered unlawfully, who are convicted of an aggravated felony, and who are not admitted for permanent residence. (Valdiviez-Hernandez v. Holder, 9/26/13)