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
CA10 Writes that Petitioner Abused the Appeal Process
The court denied the petitioner’s motion to reopen removal proceedings, writing that the petitioner abused the appeal process by filing three motions to reopen in the Ninth Circuit instead of in the Tenth Circuit. (Salgado-Toribio v. Holder, 4/23/13)
CA11 Finds Exit Pursuant to Grant of Advance Parole is Not Departure Under §212(a)(9)(B)
Citing Matter of Arrabally, the court held the petitioner was not inadmissible under §212(a)(9)(B)(i)(II) because she left the U.S. pursuant to a grant of advance parole. (Ortiz-Bouchet v. U.S. Att’y Gen., 4/23/13)
ICE Memo on Safeguards for Immigration Detainees with Serious Mental Conditions
A 4/22/13 memo from ICE Director John Morton directing that new procedures will ensure ICE detainees who may be mentally incompetent to represent themselves in removal proceedings are provided with access to new procedures for unrepresented mentally incompetent detainees.
IJ Grants Deferral of Removal Under CAT to Mentally Ill Respondent
The immigration judge granted deferral of removal under CAT, and held that the long-term use of physical restraints and psychotropic drugs in a Mexican psychiatric institution constitutes torture. Courtesy of Anna Markovich.
DOJ/DHS Announce Safeguards for Immigration Detainees with Serious Mental Conditions
DOJ press release announcing the issuance of a new nationwide policy for unrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings.
CA2 Holds That NY Attempted Arson Is an Aggravated Felony
The court held that the petitioner is not eligible for cancellation of removal because his conviction under NY Penal Law §§150.15, 110.00 for second degree attempted arson is a “crime of violence,” and therefore, an aggravated felony. (Santana v. Holder, 4/22/13)
CA8 Denies Colombian Petitioner’s Withholding and CAT Claims
The court held that the petitioner was not eligible for withholding of removal because she failed to establish that it would be unreasonable for her to relocate, and found she had not suffered from past persecution. (Castro-Gutierrez v. Holder, 4/22/13)
CA1 Upholds Adverse Credibility Determination in Asylum Case
The court upheld the IJ’s finding that Petitioner lacked credibility, noting that he made several amendments to his asylum application only after a change in law that would have affected his claim. (Liu v. Holder, 4/22/13)
CA3 on Mandatory Detention Under §236(c)
The court held that immigration officials can impose mandatory detention under INA §236(c) even if they fail to take the individual into custody immediately upon his or her release from criminal custody. (Sylvain v. Att’y Gen., 4/22/13)
BIA Remands §245(i) Case, Finds Labor Certification Was “Approvable When Filed”
The Board held that the labor certification filed by the respondent was “approvable when filed” for purposes of grandfathering under §245(i) because it was properly filed, non-frivolous, and meritorious in fact. Matter of Butt, 26 I&N Dec. 108 (BIA 2013)
DHS Notice of Information Collection on ICE Immigration Bond
DHS notice of information collection on ICE immigration bond to ensure that the person or company posting the bond is aware of the duties and responsibilities associated with the bond. Comments are due 5/30/13. (78 FR 23577, 04/19/13)
CA8 Upholds Denial of Motion to Suppress Based on Warrantless Entry
The court denied the petition for review and held that the ICE officers’ conduct was not egregious enough to warrant exclusion of the decisive evidence uncovered as a result of the officers’ warrantless entry. (Carcamo v. Holder, 4/19/13)
CA11 Remands Motion to Reopen Case on Equitable Tolling
In light of a recent decision holding that motions to reopen are subject to equitable tolling, the court vacated its prior panel decision and remanded the case to determine if the petitioner is entitled to equitable tolling. (Ruiz-Turcios v. U.S. Att’y Gen., 4/19/13)
CA9 Holds Petitioner is Barred from Seeking Cancellation of Removal
The court held that the petitioner could not apply for cancellation of removal because he had already applied for and received cancellation of removal under NACARA in 2003, and so he was ineligible for later relief under §240A. (Sejdini v. Holder, 4/19/13)
CA9 Orders Bond Hearing in Certain Mandatory Detention Cases
The court upheld the preliminary injunction in the class action lawsuit, ordering the government to provide a bond hearing to individuals who have been mandatorily detained in southern California for more than six months. (Rodriguez v. Robbins, 4/16/13)
CA11 Finds BIA Failed to Apply Its Own Precedent When Considering Continuance
The court remanded the case, holding that the BIA did not articulate or weigh all of the relevant factors that, under the BIA’s own precedent, must be considered when determining whether to grant a continuance. (Ferreira v. U.S. Att’y Gen., 4/16/13)
CA6 Amended Decision on Conspiracy to Traffic in Identification Documents is CIMT
The court issued an amended decision and applied the categorical approach to determine that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) is a crime involving moral turpitude. (Yeremin v. Holder, 4/16/13)
CA11 Holds Motion to Reopen Deadline is Subject to Equitable Tolling
The court voted to overturn a previous panel opinion in this case, and held that the 90-day deadline to file a motion to reopen is not jurisdictional, but rather is a claim-processing rule subject to equitable tolling. (Avila-Santoyo v. U.S. Att’y Gen., 4/12/13)
TRAC Tool for Calculating Average Wait Times
Transactional Records Access Clearinghouse (TRAC) tool that calculates the average time pending cases have been waiting in immigration courts. Data will be updated as it becomes available.
BIA Reverses IJ on Severity of Past Persecution
In an unpublished decision, the BIA held that the asylum applicant had compelling reasons for being unwilling to return to Liberia because of the severity of the persecution he suffered, despite a fundamental change in country circumstances. Courtesy of Stephen Meili.
BIA Reverses Adverse Credibility Finding Against Antiguan Asylum Applicant
In an unpublished decision, the Board held that the IJ’s adverse credibility finding was clear error, and that the respondent established past persecution at the hands of police officers in Antigua and Barbuda on account of his sexual orientation. Special thanks to NIJC.
USCIS Memo on the Expansion and Extension of the Credible Fear Determination Checklist Pilot
USCIS Asylum Division memo dated 4/11/13 from Acting Chief Ted Kim expanding the credible fear determination checklist pilot to include all credible fear cases regardless of jurisdiction, effective through 9/30/13.
AILA/USCIS HQ Liaison Q&As (4/11/13)
Official questions and answers from the 4/11/13, AILA liaison meeting with USCIS HQ. Topics include provisional unlawful presence waivers, DACA, Adam Walsh Act cases, the USCIS Policy Manual, petition revocation, change of status for J-2s, and relocation of the EB-5 unit.
Meeting Minutes from the April 2013 Liaison Meeting Between AILA and EOIR
Minutes from the 4/11/13 meeting between the AILA EOIR Liaison Committee and EOIR. Topics include the Immigration Court Practice Manual, court recordings, electronic registration, staffing, prosecutorial discretion, regulations and rulemaking, court evaluations, and 2012 MOU between EOIR and DHS.
Unpublished BIA Case Sustains Appeal and Remands Asylum Case to Different IJ
The Board sustained the appeal for reconsideration of the respondent’s credibility and her eligibility for asylum from Syria. BIA also granted the respondent’s request for future proceedings to be before a different Immigration Judge. Courtesy of Robert DeKelaita.