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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA9 Vacates BIA Determination on “Particularly Serious Crime”
The court remanded the case, holding that INA §241(b)(3)(B)(iv) establishes only one category of “per se” particularly serious crimes and requires DHS to conduct a case-by-case analysis of convictions falling outside this category. (Blandino-Medina v. Holder, 4/10/13)
CA9 Upholds Denial of Relief to Petitioner Who Practiced Da Zang Gong
The court upheld the BIA’s denial of asylum to the Chinese petitioner who asserted a fear of persecution on account of his practice of Da Zang Gong, finding there was substantial evidence supporting the IJ’s adverse credibility determination. (Cui v. Holder, 4/10/13)
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.
CA7 Finds BIA and IJ Overlooked Material Evidence
The court remanded the case, holding that the IJ and BIA overlooked material evidence demonstrating that the petitioner suffered past persecution in Palestine on account of his political opinion. (Jabr v. Holder, 4/2/13)
ICE Detainee Murdered at Puerto Rico Detention Facility
ICE press release on death of 51-year-old man from British Virgin Islands who was allegedly stabbed to death by other inmates while in custody at a Federal Bureau of Prisons facility in Puerto Rico. He is the third detainee to die in ICE custody in FY2013.
National Sign-On Letter on Detention Reforms
On 4/4/13 AILA joined over 50 groups in a sign-on letter to Senator Schumer on solitary confinement and immigration detention reforms.
USCIS ‘Straight from the Source’ Newsletter for March 2013
USCIS March 2013 issue of Straight from the Source newsletter covering important highlights, including H-1B cap season, deferred enforced departure for Liberians, new Form I-9, automated Form I-94 Arrival/Departure Record, and more.
DOJ Notice on EOIR-28 Notice of Entry of Appearance as Attorney
EOIR 60-day notice of information collection on Notice of Entry of Appearance as Attorney or Representative before the Immigration Court (Form EOIR–28). Comments are due 6/3/13. (78 FR 20140, 4/3/13)
DOJ Notice on EOIR-27 Notice of Entry of Appearance as Attorney
EOIR 60-day notice of information collection on Notice of Entry of Appearance as Attorney or Representative before the Board of Immigration Appeals (Form EOIR–27). Comments are due 6/3/13. (78 FR 20138, 4/3/13)
CA7 Holds BIA Error in Asylum Case is Harmless
The court found that the BIA’s conclusory rejection of the petitioner’s argument was a harmless error, because the BIA could have reasonably concluded the highly generalized evidence was insufficient. (Zheng v. Holder, 3/27/13)
CA9 Holds California Conviction for Assault with a Deadly Weapon is CIMT
The court found that the petitioner’s conviction for assault with a deadly weapon, in violation of California Penal Code §245(a)(1), is a crime involving moral turpitude. (Ceron v. Holder, 4/2/13)
Updated Summary of DACA Implementation Survey Results
Summary of responses to the DACA implementation survey conducted by AIC, IAN, and AILA as of 4/2/13. The results provide anecdotal information that shed light on the experiences some attorneys and accredited representatives have had with DACA implementation.
Immigration Law Advisor, March 2013 (Vol. 7, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on asylum claims based upon a “pattern or practice” of persecution, circuit court decisions for February 2013, and a regulatory update.
DOJ Notice on Registry for Attorneys and Representatives
DOJ final rule allowing EOIR Director to establish registration procedures, including electronic registration requirement, administrative suspension before EOIR for any attorney who fails to provide certain registration information. Comments due 5/31/13. (78 FR 19400, 4/1/13)
DOJ OIL April 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for April 2013, with articles on Moncrieff v. Holder, deferral of removal under CAT, and wage methodology for the H-2B program, as well as litigation highlights, recent circuit court decisions, and monthly topical parentheticals.
Report on “The State of Our Courts: A View From The Inside”
The National Association of Immigration Judges April 2013 report outlining immigration court history and the need for immigration reform, stating that "without an effective and efficient immigration court system, omnibus immigration reform will not fulfill its promise.
DOJ Notice on Forwarding of Asylum Applications to DOS
DOJ final rule amending the regulations to provide for sending asylum applications to DOS on a discretionary basis which will increase the efficiency of DOS’ review of asylum applications and is consistent with similar changes already made by USCIS. Rule effective 4/29/13. (78 FR 19077, 03/29/13)
Video: How to use AILA's Deferred Action PSAs
Watch this short video about AILA’s new public service announcements on Deferred Action and how you can use them in your community.
USCIS Highlights Department Accomplishments for FY2012
USCIS public statement announcing Fiscal Year 2012 accomplishments, including developing & implementing Deferred Action for Childhood Arrivals (DACA), launching the first phase of USCIS ELIS online system, implementing the Entrepreneurs-in-Residence initiative and more.
CA9 Holds Petitioner Not Eligible for Continuous Presence Exception
The court held that the petitioner was not eligible for cancellation of removal because he did not qualify for the continuous physical presence exception available to noncitizens who served in active duty in the U.S. Armed Forces. (Lim v. Holder, 3/26/13)
CA1 on the Good Faith Marriage Requirement
The court upheld the IJ’s determination that the petitioner, who sought to remove the conditions of her residency after she and her husband divorced, did not carry her burden of establishing that she had married her husband in good faith. (Reynoso v. Holder, 3/26/13)
AILA Comments on Rates for Interstate Inmate Calling Services
AILA comments in response to the FCC Notice of Proposed Rulemaking, encouraging the FCC to regulate interstate telephone rates for phone calls made from correctional facilities to ensure just and reasonable rates for inmates, including individuals in immigration detention.
AILA Amicus Brief on Matter of Acosta-Hidalgo
AILA amicus brief arguing that the BIA should reconsider its decision in Matter of Acosta-Hidalgo and conclude that an IJ may determine prima facie eligibility for naturalization for the purpose of deciding whether to terminate pursuant to 8 C.F.R. §1239.2(f).
AILA New Members Division E-News, March 2013 (Vol. 5, Issue 2)
This latest edition brings you expert practice tips on the I-601A provisional waiver and L-1A filings. Plus, don’t miss the second installment of “The Intersection of Immigration and Criminal Law” and guidance on transitioning from the E-2 to the EB-5.
AILA Statement for Senate Hearing on Immigration System Reforms
AILA statement submitted to the Senate Judiciary Committee for the 3/20/13 hearing on “Building an Immigration System Worthy of American Values.”