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 Remands Adjustment Case In Light of Garfias-Rodriguez
In this unpublished decision, the BIA remanded the respondent’s case to the IJ to consider whether he relied on Acosta when he applied for adjustment of status and whether Matter of Briones should apply retroactively to him. Courtesy of Daniel Shanfield.
CA9 Upholds BIA Finding that CSPA Does Not Apply to NACARA
The court denied the application for special rule of cancellation, finding the Petitioner, who applied for NACARA as a derivative before he was 21 years old but was over 21 when his father was granted relief, failed to demonstrate that the CSPA applies to NACARA. (Tista v. Holder, 7/8/13)
BIA Remands Denial of I-130 Filed By Same-Sex Couple, Holds DOMA Is Not an Impediment
The Board held that Section 3 of the Defense of Marriage Act (DOMA) is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the INA if the marriage is valid under the laws of the State where it was celebrated. Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013)
District Court Orders Vaughn Index in FOIA Case Over Asylum Officer Notes
The court found credible plaintiff's argument that asylum officer interview notes are not deliberative and ordered USCIS to produce a Vaughn index of withheld documents. (Martins v. USCIS, 7/3/13)
CA10 Holds §212(h) Hardship Determination Is Unreviewable Discretionary Decision
The court held that it did not have jurisdiction to review the hardship determination required for a waiver of inadmissibility under INA §212(h)(1)(B) because it is an unreviewable discretionary decision. (Munis v. Holder, 7/2/13)
CA10 Holds Petitioner’s Appeal Was Withdrawn Following Departure from U.S.
The court upheld the BIA’s determination that the petitioner’s voluntary departure appeal was withdrawn under 8 CFR §1003.4 because he departed the U.S., noting that the petitioner’s motives for leaving were irrelevant. (Montano-Vega v. Holder, 7/1/13)
VOICE: July/August 2013
This issue of VOICE offers insight on applying for TPS on behalf of Syrians, advising academic officials in light of USCIS’s strict F-1 enforcement, preparing PERM appeals, and more! Also, complete our crossword puzzle correctly and get $150 off a new AILALink subscription!
Immigration Law Advisor, June-July 2013 (Vol. 7, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on the K nonimmigrant visa, circuit court decisions for May and June 2013, and recent BIA precedent decisions.
DOJ OIL July 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for July 2013 with articles on impermissibly retroactive use of pre-1988 convictions as aggravated felonies and the continuing viability of the Auer deference, as well as litigation highlights and summaries of recent circuit court decisions.
DHS 2012 Yearbook of Immigration Statistics
DHS Office of Immigration Statistics 2012 Yearbook of Immigration statistics, consisting of tables organized by subject matter, including legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.
CA9 Holds Petitioner’s Claim Does Not Fall Within Exception to Exhaustion Requirement
The court dismissed the petition for review, holding that the Petitioner failed to exhaust the only issue raised in her petition, an argument that the government denied her due process by placing her in removal proceedings without her husband. (Sola v. Holder, 6/27/13)
BIA Holds Intentional Distribution of Proceeds of Illicit Drug Business Is Not An Aggravated Felony
The Board held the offense of traveling in interstate commerce with the intent to distribute the proceeds of an unlawful drug enterprise is not an aggravated felony under INA §101(a)(43)(B). Matter of Flores-Aguirre, 26 I&N Dec. 155 (BIA 2013)
CIS Ombudsman’s Office 2013 Annual Report
CIS Ombudsman’s Office 2013 Annual Report including an overview of the Ombudsman’s mission and services, a review of programmatic and policy achievements over the past year, and a detailed discussion of pervasive and serious problems, recommendations, and best practices for USCIS.
CA9 Applies Vartelas and Remands §212(c) Relief Claim
The court vacated the BIA decision and remanded, applying Vartelas and holding that the repeal of §212(c) relief impermissibly attaches new legal consequences to the trial conviction of the petitioner. (Cardenas-Delgado v. Holder, 6/26/13)
BIA Finds Grant of Asylum is Not “Admission” Under INA §101(a)(13)(A)
The Board remanded the case to the IJ, holding that a grant of asylum is not an “admission” to the U.S., and IJ should make a threshold determination regarding termination of asylum status when the asylee is in removal proceedings. Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)
District Court Orders ICE to Submit New Documentation in AIC FOIA Case
The court denied ICE’s motion for summary judgment, concluding that ICE's FOIA search for documents related to the role of counsel was not adequate and did not provide sufficient information to determine whether its withholdings were proper. (American Immigration Council v. DHS, 6/24/13)
AILA Liaison OSC Meeting Minutes (4/10/13)
Minutes from the AILA Verification & Documentation Liaison Committee’s 4/10/13 meeting with DOJ’s Office of Special Counsel. Topics include I-9 self-audits and internal investigations, settlement agreements, third party worksites, DACA, Form I-94 automation, hotline calls, and FY2013 current trends.
BIA Addresses DHS NTA Service on Individuals Who Lack Mental Competency
The Board addressed who DHS should serve with the NTA where indicia of a respondent’s incompetency are manifest, and determined that an IJ should evaluate the benefit of re-serving the NTA in certain cases. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013)
BIA Rejects “Stand-alone” §212(h) Waiver
The Board held that a §212(h) waiver is not available without a concurrently filed adjustment application and that the waiver cannot be granted nunc pro tunc to avoid the requirement that the alien be eligible for adjustment. Matter of Rivas, 26 I&N Dec. 130 (BIA 2013)
CA9 Finds District Court Did Not Have Jurisdiction Over Habeas Petition
The court rejected the petitioner’s argument that she was “in custody” for purposes of 28 U.S.C. § 2241 because the government could have reinstated her 1999 removal order at any time, holding that she was not yet subject to a removal order. (Veltmann-Barragan v. Holder, 6/19/13)
CA11 Denies Informant’s CAT Claim
The court denied the petitioner’s CAT claim, held that his removal to Mexico would not violate his due process rights, and directed the court to seal only certain parts of the record. (Perez-Guerrero v. U.S. Att’y Gen., 6/12/13)
EOIR Advises Attorneys to Check for Confirmation E-mail After Step One of eRegistry
EOIR reminds stakeholders that it launched its new eRegistry 24 hours ago. If you have completed step one of eRegistry – the online form - and have not yet received a confirmation e-mail that EOIR has received your request for an account, please re-complete the online form.
Practice Alert: TSC Warns Against Duplicate Filings in Certain Adjustment Cases
TSC informed AILA that it has experienced problems with adjustment applicants who are erroneously re-filing the I-485s with the lockbox facility or TSC after an immigration judge has made a decision in an adjustment applicant’s case.
Practice Pointer: Adjustment of Status Applications for Clients in Removal Proceedings
This practice pointer addresses procedures for filing an initial I-485 while a client is in removal proceedings and procedures for renewing an I-485 when the client was placed in proceedings after the adjustment application was denied by USCIS. Special thanks to the AILA NBC Liaison Committee.
Practice Alert: EOIR Electronic Registration Process Opens June 10, 2013
Practice alert on the eRegistry processes established by EOIR for attorneys and fully accredited representatives. Registration is available on 6/10/13. After 12/10/13 attorneys and fully accredited representatives will be required to register as a condition to practice before EOIR.