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 Grant’s DHS Motion to Withdraw Appeal in Case Involving Definition of “Lawful Status” Under 245(k)
Unpublished BIA decision granting DHS' motion to withdraw its appeal from the IJ’s decision which granted the respondent adjustment of status under section 245(k) and remanding the case for background checks. Special thanks to IRAC. (Matter of Maynigo, 7/31/13)
BIA Remands for IJ to Consider Whether Conviction is a Crime of Violence
Unpublished BIA decision where the Board remanded for further proceedings after finding that assault by use or display of dangerous weapon under Iowa Code 708.1 and 708.2(3) was not a categorical crime of violence. Special thanks to IRAC. (Matter of Imeri, 7/31/13)
BIA Terminating Proceedings After Criminal Sentence Reduced
Unpublished BIA decision terminating proceedings due to newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, making his conviction no longer an aggravated felony under Matter of Cota-Vargas. Special thanks to IRAC. (Matter of Nelson, 7/31/13)
BIA Reopens Proceedings Due to Approved I-130 and Lack of DHS Opposition
Unpublished BIA decision where the Board reopened proceedings sua sponte in light of the respondent's marriage to a U.S. citizen who filed an approved I-130 on her behalf and the lack of opposition from the DHS. Special thanks to IRAC. (Matter of Martins, 7/31/13)
FOIA Response with Internal Documents by USCIS on Deferred Action
FOIA response provides internal documents by USCIS on non-DACA deferred action since June 17, 2011. Special thanks to Pennsylvania State University and Shoba Sivaprasad Wadhia.
CA2 on Lopez-Mendoza and Suppression of Evidence Following a Fourth Amendment Violation
The court remanded the case to determine whether ICE agents seized evidence of alienage while committing an egregious 4th Amendment violation, noting that a nighttime, warrantless raid of a person’s home “frequently will constitute” such a violation. (Pretzantzin v. Holder, 7/31/13)
CA2 Vacates Denial of Motion to Suppress and Remands Case
The court held that the IJ erred in interpreting case law to require physical threat or harm before a Fourth Amendment violation becomes sufficiently egregious to require suppression, and vacated the BIA’s decision affirming the denial of the motion to suppress. (Cotzojay v. Holder, 7/31/13)
Litigation Timeline: Lawsuit Challenging DACA Filed by ICE Officers (Updated 7/31/13)
Timeline of major court actions in response to litigation by ICE officers challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. (Crane v. Napalitano, 7/31/13)
District Court Dismisses Lawsuit Challenging DACA on Procedural Grounds
The court held that the Civil Service Reform Act deprived the court of jurisdiction over the federal employment dispute filed by several ICE officers opposed to implementing DACA. (Crane v. Napalitano, 7/31/13)
BIA Granted Joint Interlocutory Appeal of Denial of Administrative Closure Motion
Unpublished BIA decision granting a joint interlocutory appeal of a denial of a joint motion for administrative closure because the immigration judge's order set forth no basis or rationale warranting the denial of the motion. Special thanks to IRAC. (Matter of Murillo-Borjas, 7/30/13)
CA6 Clarifies Social Visibility Requirement in Asylum Case
CA6 upheld that BIA’s determination that young Salvadoran males who refuse recruitment by the MS gang do not constitute a cognizable particular social group, and clarified the social visibility requirement. (Umana-Ramos v. Holder, 7/30/13)
BIA Grants Motion to Reopen After Immigrant Visa Approved
Unpublished BIA decision where the Board granted the respondent's motion to reopen over the objection of DHS to allow him to apply for adjustment of status. Special thanks to IRAC. (Matter of Bahronov, 7/29/13)
BIA Remands for Consideration of Whether Respondent is Eligible for I-601A
Unpublished BIA decision where the Board remanded the case "in an abundance of caution" for consideration of whether the respondent was eligible for a provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Pulido-Aguirres, 7/29/13)
BIA Terminates Proceedings as Crime Must Show Intent to Permanently Deprive to be CIMT
Unpublished BIA decision terminating proceedings as the grand theft conviction under Florida Stat. 812.014(2)(c)(1) is not a categorical crime involving moral turpitude as the conviction did not show intent to permanently deprive. Special thanks to IRAC. (Matter of Edmond, 7/29/13)
Best Practices for Packaging Provisional Waiver Applications (I-601A)
NBC Liaison Committee practice pointer providing tips for packaging applications for provisional unlawful presence waivers (Forms I-601A), which might help you avoid a “boilerplate” request for evidence seeking hardship documents.
BIA Granted DHS’s Request to Withdraw Appeal After Amended Conviction Was No Longer Aggravated Felony
Unpublished BIA decision granting DHS' request to withdraw its appeal and upholding termination of proceedings after respondent withdrew of her guilty plea to possession of stolen vehicle in violation of Nev. Rev. Stat. 205.273(b)(1). Special thanks to IRAC. (Matter of Enriquez, 7/26/13)
BIA Finds Florida Grand Theft Conviction Is Not a CIMT
Unpublished BIA decision upholding the termination of proceedings upon finding the respondent's conviction for grand theft was not a crime involving moral turpitude. Special thanks to IRAC. (Matter of Butler, 7/26/13)
CA1 on Derivative vs. Direct Persecution
The court denied withholding of removal and CAT protection based on the petitioner’s opposition to the possible female genital mutilation (FGM) of his daughters, finding that the fear that a child will be subjected to FGM is not a basis for relief to the parent. (Camara v. Holder, 7/26/13)
CA7 Holds K-4 Adjustment of Status Regulation Conflicts With INA
The court held that the limitations in 8 C.F.R. §245.1(i) on K visas conflicts with INA §101(a)(15)(K)(iii), noting that Congress intended K-4s to enter the U.S. and adjust status and that it sees no statutory reason for treating K-2s and K-4s differently. (Akram v. Holder, 7/9/13)
AILA Amicus Brief on Asylum and Reinstatement
AILA amicus brief arguing that the reinstatement regulations limiting protection from persecution to withholding of removal, which prevent individuals who are subject to reinstatement from applying for asylum, should be struck down.
TRAC Report Indicating Number of ICE Detainers Dropped by 19%
Transactional Records Access Clearing House (TRAC) report indicating that during the first four months of FY2013, the number of ICE detainers issued declined by 19%. The largest number of detainers were issued by the Enforcement and Removal Operations Criminal Alien Program.
CA8 on the Meaning of “Relating to a Controlled Substance” Under INA §237(a)(2)(B)(i)
The court upheld the BIA’s determination that the petitioner’s Kansas drug paraphernalia conviction is, categorically, “related to” a controlled substance within the meaning of §237(a)(2)(B)(i). (Mellouli v. Holder, 7/9/13)
EOIR Relocating Denver Immigration Court
EOIR notice that the Denver Immigration Court will close on 8/1/13 to prepare for relocation. The Denver Immigration Court will recommence hearings at its new location on 8/6/13.
CA9 Remands for BIA to Reconsider Death of Child in Parent’s Past Persecution Claim
The court remanded for the BIA to reconsider the denial of withholding, giving full weight to past persecution evidence of the death of the daughter of the petitioner, who was a Chinese Christian living in Indonesia. (Sumolang v. Holder, 7/25/13)
Practice Pointer: Challenging the Admission of Asylum Officers’ Notes in Immigration Court
Practice pointer prepared by the AILA Asylum and Refugee Committee on how to challenge the introduction and use of asylum officers’ notes and assessments as evidence in immigration court. Special thanks to David Cleveland, Dree Collopy, and Hilary Han.