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
Immigration Court and EOIR Office Closings for February 25, 2013
EOIR public statement announcing that the Denver, Colorado immigration court will open at 10am on Monday, February 25, 2013 due to inclement weather conditions.
Immigration Court and EOIR Office Closings for February 22, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Friday, February 22, 2013 due to inclement weather conditions.
District Court Says 236(c) Requires Immediate Release from Criminal Custody
The District Court in New Jersey held that Petitioner’s detention was governed by INA 236(a) rather than 236(c) because DHS waited 13 years after his release from criminal custody to take him into immigration custody. Courtesy of Paul Grotas. (Almonte v. Hendricks, 2/22/13)
Practice Pointer: Waivers and Court Documents for U Visa Applicants
AILA Liaison and the Mexico City District Chapter remind members to identify the specific ineligibilities that apply to the U visa applicant and seek a waiver for each ineligibility, and to instruct the applicant to bring all court documents to the visa interview.
Grand Jury Indicts Six Texas Residents for H-1B Visa Fraud Scheme
Grand jury indictment against six members of a Texas information technology company who sponsored workers’ H-1B visas for their company, but required that the workers actually provide consulting services to third-party companies located elsewhere. (U.S. v. Nanda, 2/20/13)
Supreme Court Holds Padilla Does Not Apply Retroactively
The Court found that Padilla v. Kentucky, in which the Supreme Court held that counsel must inform noncitizen clients whether a plea carries a risk of deportation, does not apply retroactively. (Chaidez v. United States, 2/20/13)
CA10 Finds Deported Plaintiff’s Complaint Is Moot
In a nonprecedential decision, plaintiff sought to be returned to the U.S. from Libya after being deported despite a stay of removal. The court held the complaint was moot because he obtained relief when the BIA addressed his motion to reopen on the merits. (Mohamed v. Napolitano, 2/20/13)
CA9 Upholds BIA’s Adverse Determination on Extraordinary Circumstances
The court held the asylum application was time-barred, and found the primary reasons the petitioner delayed filing her application were lack of money and inability to speak English, and not the psychiatric problems she suffered. (Gasparyan v. Holder, 2/20/13)
Sample BIA Acknowledgement of Remand by Second Circuit
Sample BIA “Acknowledgement of Court Order” issued in response to a case that was remanded by the Second Circuit pursuant to Matter of Immigration Petitions for Review Pending in the United States Court of Appeals for the Second Circuit. Courtesy of Gary Yerman.
TRAC Report on Targets of ICE Detainers
Transactional Records Access Clearinghouse (TRAC) report showing of 1 million detainers issued by ICE since FY2008, only 22.6% of the time did targeted individual have any criminal conviction and only 8.6% of charges were classified as a serious offense.
ICE Public Advocate Voice Newsletter, February 2013 (Issue 4)
ICE February 2013 Public Advocate Voice newsletter on ICE detainer policy reform, sexual assault awareness posters, community outreach, and more.
CA2 Holds NY Sale of Controlled Substance Is an Aggravated Felony
The court held that the petitioner’s conviction for third degree criminal sale of a controlled substance in violation of New York Penal Law § 220.39(1) is an aggravated felony. (Pascual v. Holder, 2/19/13)
CA7 on In Absentia Orders of Removal
The court set aside the in absentia order of removal, finding that the petitioner was not given an opportunity to present evidence that her case should be reopened because she never received notice of the hearing. (Smykiene v. Holder, 2/13/13)
CA7 Remands Pakistani Asylum Case
The court granted the petition and remanded the asylum case, holding that the BIA’s conclusion that the petitioner’s attackers were motivated solely by a desire for personal revenge is not supported by substantial evidence. (Mustafa v. Holder, 2/11/13)
CA7 Upholds Denial of Good-Faith Marriage Waiver
The court upheld the denial of the petitioner’s request for a good-faith marriage waiver, finding the removal proceedings were not unfair and that the IJ’s adverse credibility determination was reasonable. (Boadi v. Holder, 2/7/13)
CA11 Holds Georgia Conviction for Shoplifting Is Not an Aggravated Felony
The court held that a conviction for shoplifting under Georgia Code § 16-8-14 does not categorically qualify as an aggravated felony, and that the record of conviction did not establish the petitioner committed an aggravated felony. (Ramos v. U.S. Att’y Gen., 2/19/13)
AILA Amicus Brief on §212(c) Relief
AILA amicus brief addressing questions posed by the BIA on §212(c) relief, and presenting a framework for evaluating §212(c) claims after the Supreme Court decisions in St. Cyr, Judulang, and Vartelas.
AILA Comments on DHS Proposed Rule to Prevent Sexual Abuse in Confinement Facilities
AILA comments in response to a DHS proposed rule on Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities. Special thanks to the LGBT Working Group and AILA ICE and EOIR Liaison Committees.
USCIS Data on DACA Cases Received Through February 14, 2013
USCIS statistics on DACA cases from 8/15/12 to 2/14/13 which shows a total of 423,634 accepted DACA requests for processing, 411,739 biometric services appointments scheduled and 199,460 requests approved.
CA11 Holds Florida Conviction for Resisting an Officer is CIMT
The court found that a Florida conviction for resisting an officer with violence under Fla. Stat. § 843.01 is a CIMT, and that the petitioner was thus removable as having been convicted of two or more CIMTs. (Cano v. U.S. Att’y Gen., 2/15/13)
CA6 Holds Conspiracy to Traffic in Identification Documents is CIMT
The court held that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) qualifies as a crime involving moral turpitude because the statute inherently involves deceit. (Yeremin v. Holder, 2/14/13)
DHS Notice on Alien Criminal Response Information Management System of Records
DHS notice on the updating and renaming of existing system of records titled Department of Homeland Security/Immigration & Customs Enforcement-007—Law Enforcement Support Center Alien, changing the name and adding new categories. Comments due 3/18/13. (78 FR 10623, 02/14/13)
CA9 Remands Asylum Case on Social Visibility Requirement
In an en banc decision, the court held that the BIA misapplied its own precedent on social group membership when it denied petitioner’s asylum claim because of a lack of “social visibility.” (Henriquez-Rivas v. Holder, 2/13/13)
TRAC Report on Deportation Orders Rising Slightly from Historic Lows
Transactional Records Access Clearinghouse (TRAC) report showing that during January 2013, the government reported 15,174 new ICE filings seeking deportation orders, which is down 23.7 percent through first 4 months of FY2013 when compared to monthly filings in FY2012.
TRAC Report on Deportation Orders Going Down 25% from Last Year's Pace
Transactional Records Access Clearinghouse (TRAC) report showing that during November 2012, the government reported 14,926 new ICE filings seeking deportation orders, which is down 24.8% from levels in FY2012.