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
CBP Memo Outlining Civil Immigration Enforcement Priorities for CBP
CBP undated memo from Commissioner Alan Bersin, outlining CBP’s civil immigration enforcement priorities as they relate to the apprehension, detention, and removal of individuals in violation of immigration law. Received by American Immigration Council in response to a FOIA submitted on 9/3/11.
CBP Policy Differences Between Exercise of Discretion and Prosecutorial Discretion
CBP undated memo outlining the differences between CBP’s policy on the use of discretion (an affirmative act of approval) and prosecutorial discretion (applies to enforcement decisions). Received by the American Immigration Council in response to a FOIA request submitted on August 3, 2011.
EOIR Notice on eRegistration Security Standards
EOIR notice on eRegistration security standards and reminder that attorneys and fully-accredited representatives who complete step one of the two-step registration process have 90 calendar days to complete step two. Individuals who practice before EOIR must complete both steps by 12/10/13.
CA9 Denies Review of Frivolous Armenian Asylum Claim
The court denied the petition for review of the BIA’s decision affirming an IJ’s determination that the petitioner knowingly filed a frivolous asylum application and that she was statutorily barred from adjustment of status and a 212(i) waiver on that basis. (Kulakchyan v. Holder, 9/18/13)
CA9 Upholds Asylum Denial for Guatemalan Rape Victim
The court upheld the BIA’s denial of asylum, finding that petitioner did not show persecution on account of real or imputed political opinion and that the attack she suffered did not occur with the acquiescence of the Guatemalan government. (Garcia-Milian v. Holder, 9/18/13, amended 2/13/14)
BIA Terminates Proceedings Due to Ineffective Assistance of Counsel in Criminal Proceedings
Unpublished BIA decision where the Board terminated proceedings following a stipulation from both parties that the respondent was no longer removable because his criminal conviction was vacated based on ineffective assistance of counsel. Special thanks to IRAC. (Matter of Iglesias, 9/18/13)
BIA Upholds Denial for Co-Respondent With No Independent Relief
Unpublished BIA decision grants a joint motion to administratively close proceedings for one respondent with a pending visa petition, but denied the appeal for the co-respondent, who had no independent relief. Special thanks to IRAC. (Matter of Medrano-Arias, 9/17/13)
BIA Remands After IJ Only Considered Unfavorable Factors When Exercising Voluntary Departure Discretion
Unpublished BIA decision remanding the record because the Immigration Judge denied voluntary departure solely on an apparent conviction for possession of marijuana and did not consider any of the respondent's favorable equities. Special thanks to IRAC. (Matter of Castorena-Alonso, 9/17/13)
ICE Criminal Justice Stakeholder Forms Program
ICE information on its Criminal Justice Stakeholder Forms program, which gives criminal justice professional access to relevant and reliable information from ICE when working with undocumented individuals with obligations within the criminal justice system.
BIA Terminates Removal Proceedings After Egregious ICE Actions
Unpublished BIA decision dismissing DHS’s appeal, finding that the respondent’s detention, arrest, and interrogation were sufficiently egregious to warrant the IJ’s grant of his motion to suppress and to terminate removal proceedings. Special thanks to IRAC. (Matter of Ixpec-Chitay, 9/16/13)
BIA Reopens Proceedings Finding Respondent’s Confusion of Court Dates Rises to Exceptional Circumstances
Unpublished BIA decision the Board reopened proceedings upon finding the respondent’s confusion regarding the dates of his criminal and removal hearings constituted “exceptional circumstances” justifying his failure to appear. Special thanks to IRAC. (Matter of Castellanos, 9/16/13)
BIA Grants Interlocutory Appeal, Terminates Proceedings
In this unpublished decision, the Board granted an interlocutory appeal from an IJ order denying the parties’ joint motion to terminate removal proceedings, and ordered the proceedings terminated so that the respondent could resume her naturalization application. Courtesy of John Gibson.
CA9 Holds DHS May Terminate Prior Grant of Withholding in Conjunction with Removal Proceedings
The court held that DHS may terminate a prior grant of withholding in conjunction with removal proceedings, so long as it meets its burden of demonstrating the grounds for doing so, and that two separate proceedings are not required under 8 CFR §1208.24(f). (Gutierrez v. Holder, 9/13/13)
BIA Upheld Denial of AOS Due To False Claims on I-9 Form
Unpublished BIA decision upholding denial of the respondent’s adjustment application because he signed an I-9 claiming to be a U.S. citizen or national and presented no evidence to support his claim that the I-9 was completed under duress. Special thanks to IRAC. (Matter of Dakura, 9/13/13)
BIA Upholds DHS Motion to Terminate and Dismisses Respondent’s Appeal
Unpublished BIA decision where the Board upheld a grant of a DHS motion to terminate proceedings to reinstate a prior removal order against the respondent, rejecting his arguments that the underlying order should be set aside. Special thanks to IRAC. (Matter of Aguilar-Perez, 9/13/13)
EOIR Headquarters Announces New Zip Code
EOIR alert that its headquarters in Falls Church, VA will begin processing mail through a new mail processing facility on 10/1/13. The street address will stay the same, but the zip code will change from 22041 to 20530. Mail addressed to the old zip code after 10/1/13 may be delayed.
CA5 Finds AAO, BIA, DHS Relied on Nonexistent Mexican Law in Removal Case
After noting that the AAO, the BIA, and DHS relied on a nonexistent Mexican law that out of wedlock children can only be legitimized by the subsequent marriage of their parents, the court found U.S. citizenship for the petitioner under §§ 301, 309 and remanded. (Saldana v. Holder, 9/11/13)
BIA Remands Due to Claims of Exception Circumstances and Ineffective Assistance of Counsel
Unpublished BIA decision remanding for consideration of whether the filing deadline for the respondent’s untimely motion to reopen should be equitably tolled in light of the intervening decision in Avila-Santoya v. U.S. Att'y Gen. Special thanks to IRAC. (Matter of Reece, 9/11/13)
USCIS Data on DACA Cases Received Through 8/31/13
USCIS statistics on DACA cases through 8/31/13, showing a total of 567,563 DACA requests accepted for processing, 555,958 biometric appointments scheduled, 455,455 requests approved, and 9,578 requests denied. 13,960 applications were accepted and 2,154 applications were denied in August 2013.
TRAC Report on the Nature of Charge in New Filings Seeking Removal Orders
Transactional Records Access Clearing House (TRAC) report demonstrating that only a small proportion of the filings in immigration courts seeking to deport noncitizens have been based on alleged criminal activity. Charts are updated with new data as it is available.
TRAC Report on New Filings Seeking Removal Orders
Transactional Records Access Clearing House (TRAC) report showing the number of new filings seeking removal orders in immigration courts. Charts are updated with new data as it is available.
CRS Report on Judicial Review of Immigration Matters
Congressional Research Service (CRS) report with an overview of judicial review of immigration matters, including visa denials and revocations, removal orders and detention, naturalization delays, expedited removal of inadmissible arriving aliens, expatriation, and legalization denials.
CA10 Denies Motion to Reopen for Guatemalan Asylum Seeker
In a nonprecedential decision, the court denied the petition for review, finding that the petitioner failed to explain how changed country conditions in Guatemala would permit an untimely and number barred motion to reopen. (Lopez v. Holder, 9/10/13)
EOIR Makes Changes to E-Registry Disclaimer
Based on concerns raised by AILA members, EOIR has changed the language of the disclaimer on the E-Registration log-in.
Unpublished BIA Case Granting AOS After Unauthorized Voting
The Board found that Keathley v. Holder is binding precedent in this case and that the holding of that case compels a conclusion that the respondent in this case is not inadmissible under section 212(a)(10)(D) and the grant of AOS was valid. Courtesy of Richard Hanus.