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
CA9 Finds Petitioner Ineligible for Withholding Due to Conviction for “Particularly Serious Crime”
The court found that the petitioner was ineligible for withholding of removal because he had been convicted of a “particularly serious crime” within the meaning of INA §241(b)(3)(B)(ii), and upheld the revocation of his asylee status. (Pechenkov v. Holder, 12/3/12)
CA2 Holds Substituted Beneficiaries Are Not Grandfathered for 245(i) Purposes
The court upheld 8 CFR §245.10(j), finding the grandfathering provisions in INA §245(i) only apply to beneficiaries listed on the labor certification as of April 30, 2001, not individuals who were later substituted as beneficiaries. (Lee v. Holder, 12/3/12)
CA8 Denies Asylum Claim Based on HIV-Positive Status
The court found the BIA adequately addressed the petitioner’s asylum claim, which was based on his HIV-positive status, and upheld the IJ’s adverse credibility finding and decision to exclude medical records. (R.K.N. v. Holder, 12/3/12)
CA1 Issues Temporary Stay of Mandate to Allow Petitioner to Apply for DACA
The court upheld the denial of the petitioners’ motion to reopen their asylum case based on changed circumstances, but issued a 90-day stay of mandate to allow the son to apply for deferred action for childhood arrivals. (Gasparian v. Holder, 12/3/12)
ICE Public Advocate Voice Newsletter, December 2012 (Issue 3)
ICE December 2012 Public Advocate Voice newsletter on detention reform, community roundtable discussions, and more.
1st Things First (December 2012)
December 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.
AILA NBC Liaison Committee Meeting Minutes (11/30/12)
Meeting minutes from the AILA NBC Liaison Committee 11/30/12 meeting with NBC, including information on new NBC initiatives and staffing updates, I-601A waivers, I-864 initial evidence, CBP annotations, adjustment of status in removal proceedings, G-28s, and more.
USCIS Notice on Form I-131 Application for Travel Document
USCIS information collection notice on Form I-131 (Application for Travel Document) so DACA recipients who need to travel outside U.S. based on humanitarian, employment or education reasons can request advance parole documents. Comments due 12/31/12. (77 FR 71432, 11/30/12)
CA8 Denies Guatemalan Asylum and Withholding Claim
The court found the Guatemalan petitioner could not establish past persecution based on attacks on family members and an incident where the PNC handcuffed, beat, and burned him with a cigarette. (Garcia-Colindres v. Holder, 11/30/12)
DOJ OIL November 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) November 2012 Litigation Bulletin, where the Seventh Circuit ruled that a person who has been previously removed from the United States is ineligible for adjustment of status.
DOJ Inspector General Semiannual Report to Congress
DOJ semiannual report to Congress from the Office of the Inspector General on developments from 4/1/12 to 9/30/12, including a section on the Executive Office for Immigration Review.
ACLU Lawsuit Challenges Arizona Over DACA Driver License Denials
ACLU press release on a class-action lawsuit seeking to block Arizona Executive Order 2012-06, issued by Arizona Gov. Jan Brewer, which would deny driver's licenses to a specific class of immigrant youth who qualify for the Deferred Action for Childhood Arrivals (DACA) program.
BIA on Crime of Stalking under INA §237(a)(2)(E)(i)
The BIA clarified the definition of stalking for the purposes of INA §237(a)(2)(E)(i), and held that a conviction under section 646.9 of the California Penal Code qualifies as a “crime of stalking.” Matter of Sanchez-Lopez, 26 I&N Dec. 71 (BIA 2012)
Sign-On Letter to President Obama Calling for Closure of the 10 Worst Detention Facilities
On 11/28/12, AILA joined immigration, labor, faith, and human rights organizations in a sign-on letter calling for the closure of ten of the worst detention centers in the country while making immediate changes to ensure the safety, dignity and well-being of immigrants.
DHS Privacy Impact Assessment (PIA) Report on ICE Alien Medical Records Systems
DHS Privacy Impact Assessment (PIA) report from 11/27/12 describing information in ICE alien medical record systems, why information was collected and safeguards ICE implemented to mitigate privacy and security risks to personally identifiable information stored in the systems.
AIC/AILA Comments on DOJ Regulatory Review
AIC/AILA comments in response to the advance notice of proposed rulemaking published in the Federal Register on 9/28/12 as part of the DOJ “Retrospective Regulatory Review” under Executive Order 13563. Includes comments on 8 CFR Parts 1003, 1216, and 1235.
CA7 Denies Motion to Reopen Based on Change in Country Conditions
The asylum applicant argued her case should be reopened due to the birth of her two USC children and the enforcement of China’s family planning policy, but the court held there was a change in personal circumstances, not country conditions. (Zheng v. Holder, 11/27/12)
CA3 Denies Asylum Applicant’s Motion to Reopen
The court upheld the BIA’s denial of the motion to reopen, noting that the petitioner did not show how he acquired the previously unavailable evidence and that he failed to file a new asylum application as required by the regulations. (Lin v. Atty’ Gen., 11/27/12)
AILA Brings Back the ILS Quarterly Newsletter (Vol. 1, Issue 1)
Check out the return of AILA’s Immigration Lawyer Search (ILS) Newsletter which highlights practice tips and statistics from www.ailalawyer.com.
MIRC Issue Brief: Michigan Drivers Licenses for DACA Grantees
This Michigan Immigrant Rights Center Issue Brief concludes that the position of the Michigan Secretary of State that DACA grantees are not "legally present" under Michigan law and are therefore are ineligible for drivers licenses is inconsistent with state and federal law.
CA7 Holds Political Opinion Was Not Central Motivation for Persecution of Asylum Applicant
The court rejected the argument that the IJ improperly required political opinion to be the “primary” reason the petitioner was persecuted, finding that substantial evidence showed political opinion was not a central motivation. (Shaikh v. Holder, 11/26/12)
Prosecutorial Discretion for the Families of Deferred Action Recipients
On the eve of Thanksgiving, I think I'm doing what most Americans do this time of year - I'm counting my blessings. I have so much to be thankful for - both in my personal life as well as my professional life. In my professional life, I find myself extremely thankful for several new policies imple
CA7 Rejects Constitutional Challenge to Asylum Regulation
The court found that it did not have jurisdiction to review the BIA’s conclusion that the petitioner’s asylum application was untimely, rejecting the argument that 8 C.F.R. § 1208.4(a)(5)(iv) is unconstitutionally vague. (Vrljicak v. Holder, 11/20/12)
TRAC Report on Continued Decline in Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) November 2012 report showing continued decline in number of criminal prosecutions resulting from referrals made by ICE and CBP agents, with 81,496 prosecutions filed in the last 12 months, nearly 10% fewer than in August 2011.
BIA Reverses IJ, Grants Cancellation of Removal
In an unpublished decision, the BIA determined that the respondents were eligible for cancellation of removal in part because of the hardship to their USC daughter, who is an extremely talented dancer and would be unable to continue her career. Courtesy of Kevin Crabtree.