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
TRAC Report on Record Year for Asylum Cases
Transactional Records Access Clearinghouse (TRAC) report showing odds of an asylum claim being denied reached an historic low in FY2012, with only 44.5% being turned down. Almost 2 out of 3 (62.6%) individuals seeking asylum lost their cases in similar actions 10 years ago.
North Carolina Attorney General Asked to Reinstate Licenses for DACA Recipients with Work Permits
North Carolina Justice Center press release about joint letter asking state officials to reinstate policy that allowed young immigrants who have been authorized to be in the U.S. and granted work permits under a federal program to receive North Carolina driver’s licenses.
CA8 Finds BIA Failed to Consider Future Persecution Claim
The court found that while the petitioner did not establish that he experienced past persecution, the BIA failed to consider one aspect of his distinct claim of a well-founded fear of future persecution and remanded the case. (Tegegn v. Holder, 1/11/13)
AILA Concerns Regarding USCIS DACA Guidance for Employers
AILA’s comments to USCIS Verification division regarding portions of the 11/19/12 “Guidance for Employers,” which provides information to employers in connection with DACA. Special thanks to Daniel Brown, Marketa Lindt, Bonnie Gibson, Sharon Mehlman and Kathleen Walker.
CA9 Holds California Conviction for Simple Kidnapping Not Categorically a CIMT
The court held that simple kidnapping under CPC §207(a) is not categorically a CIMT because it does not involve any elements of a CIMT and California courts have applied the statutes to conduct that is not morally turpitudinous. (Castrijon-Garcia v. Holder, 1/9/13)
BIA Holds California Conviction for Indecent Exposure is CIMT
The Board held that a conviction for indecent exposure under California Penal Code §314(1), which includes the element of lewd intent, is categorically a crime involving moral turpitude. Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013)
CA1 Denies Motion to Reopen Based on Ineffective Assistance of Counsel
The court upheld the conclusion that the motion to reopen was untimely, and that equitable tolling could not apply because the petitioner did not exercise due diligence in pursuing his case. (Bead v. Holder, 1/7/13)
CA1 Denies Motion to Reconsider Based on Additional Ground for Relief
The court denied the petitioner’s motion to reconsider - which was based on a ground for relief not previously asserted, but previously available – because it did not identify any error of fact or law in the original decision. (Martinez-Lopez v. Holder, 1/4/13)
CA11 Finds BIA Erred in Making De Novo Factual Findings
The court held that the BIA erred in overturning the IJ’s finding that Petitioner would be forcibly sterilized upon returning to China because 8 CFR 1003.1(d)(3) empowers the BIA to review an IJ’s factual findings for clear error only. (Zhu v. U.S. Att’y Gen., 1/4/13)
Immigration Court and EOIR Office Closings for January 4, 2013
EOIR public statement announcing that the El Paso and El Paso Detained Immigration Courts will open at 10 am MST on Friday, January 4, 2013, due to inclement weather.
Six Things You Need to Know about Stateside Processing of I-601A Waivers
Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States. For those who can take advantage of the new rule, this mean
CA1 Finds Labor Certification Not Timely Filed for 245(i) Purposes
The court found that although the application was submitted on 4/16/01, communications with the SWA and the date-stamp of 7/5/01 were sufficient to support the BIA’s conclusion that the application was not timely filed for 245(i) purposes. (Wu v. Holder, 1/2/13)
DOJ OIL December 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) December 2012 Litigation Bulletin where the Eight Circuit ruled that an asylum applicant’s eight-hour detention and unattributed deaths of his children do not constitute past persecution of a particular social group.
Immigration Court & EOIR Closings for 2013 (Updated 8/15/13)
This page includes immigration court and EOIR closures for 2013.
Migration Policy Institute Report on Immigration Enforcement in the United States
Migration Policy Institute (MPI) January 2013 report entitled “Immigration Enforcement in the United States: The Rise of a Formidable Machinery” offering analysis of current immigration enforcement that began with passage of the Immigration Reform & Control Act (IRCA).
DOJ Deposition Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Deposition Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
DOJ Admissibility Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Admissibility Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
Immigration Law Advisor, November-December 2012 (Vol. 6, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the cancellation of removal criminal bars, as well as circuit court decisions for October and November 2012, and recent BIA precedent decisions.
AILA, AIC and CLINIC Comment on Changes to Form I-131, Application for Travel Document
Joint comments of AILA, AIC, and CLINIC in response to proposed revisions to Form I-131. Changes include instructions for advance parole for Deferred Action for Childhood Arrivals (DACA) recipients and a revised travel warning in light of Arrabally and Yerrabelly.
AILA Amicus on Stay Applications While a Petition for Review Is Pending
AILA amicus brief arguing that the Supreme Court should grant a stay application while a petition for review is pending, noting that the government practices for ensuring the return of noncitizens who prevail on judicial review are limited, inconsistent, and complex.
CA9 Says IJ May Consider Criminal Act without Conviction in Denying Voluntary Departure
The court held that evidence of bad character is relevant to the IJ’s discretionary decision regarding voluntary departure and upheld the denial where Petitioner admitted to sexual conduct with a minor, even though he was not convicted. (Rojas v. Holder, 12/28/12)
Iowa Denies Drivers Licenses and ID cards to DACA recipients
The Iowa Department of Transportation released a press release announcing that the state would not issue driver's licenses or non-operator identification (ID) cards to persons granted Deferred Action for Childhood Arrivals (DACA) status.
Immigration Court and EOIR Office Closings for December 27, 2012
EOIR public statement announcing that the Cleveland, Ohio immigration court will be closed to the public beginning at 1pm EST on Wednesday, December 26, 2012 due to inclement weather.
CA9 Upholds IJ’s Finding that Passenger in Car Engaged in Smuggling
The court distinguished Aguilar Gonzalez, finding that Petitioner was more than a passive participant in the attempted smuggling of a friend’s daughter, but rather knowingly participated in and aided the attempted entry. (Sanchez v. Holder, 12/26/12)
CA9 Discusses “Alternative Means of Immigrating” as a Hardship Factor
The court held that the BIA erred as a matter of law by considering Petitioner’s alternative means of immigrating to the U.S. at an undefined point in the future as a factor that necessarily undercuts her claim of hardship. (Arteaga-De Alvarez v. Holder, 12/26/12)