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
Jailed Without Justice: Immigration Detention in the USA
This report from Amnesty International exposes the immigrant detention system in the U.S. as broken and unnecessarily costly. It costs about $95 per day to detain someone, while effective alternatives only cost $12 per day, yet the alternatives are often not considered.
TVPRA and the One-Year Asylum Bar
AILA Amicus Committee alert that a noncitizen who holds the status of an unaccompanied alien child during the one-year period after his or her entry into the U.S., is never subject to the one-year filing deadline. The Amicus Committee is looking for cases that might raise this issue.
CA1 Finds BIA Erred in Mailing Briefing Schedule to Incomplete Address
The court found that the BIA abused its discretion by issuing a poorly reasoned decision on whether Petitioner was entitled to have her proceedings reopened due to inadequate notice of the briefing schedule. (Aponte v. Holder, 6/18/10)
BIA on Conditional Parole and Eligibility for Adjustment of Status
BIA held that an alien released from custody on conditional parole under INA § 236(a)(2)(B) has not been “paroled into the United States” for purposes of establishing eligibility for adjustment of status under §245(a). Matter of Castillo-Padilla, 25 I&N 257 (BIA 2010)
AILA Testimony on EOIR Submitted to the House Immigration Subcommittee
AILA testimony submitted to the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law for an oversight hearing on the Executive Office for Immigration Review (EOIR) on 6/17/10.
AILA's Immigration 101
AILA packet of introductory materials outlining the basic terms, legislation, and processes associated with immigration law in the U.S.
CA2 Finds BIA Engaged in Impermissible Fact-Finding in Cancellation Case
The court vacated, finding that the BIA impermissibly engaged in fact-finding and relied on unproven and disputed allegations as basis for its decision. (Padmore v. Holder, 6/15/10)
Supreme Court Issues Decision on 2nd Drug Possession Conviction and Aggravated Felonies
Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10)
ICE Releases Secure Communities Presentations on FOIA Reading Room
ICE released several presentations on Secure Communities from 2009 and 2010 on its FOIA Reading Room. The presentations include a Secure Communities Crash Course, Secure Communities v. 287(g), State and Local Coordination, and a fact sheet.
CA9 Finds §212(k) Refers to Invalid Visas
CA9 found petitioners eligible for §212(k) relief, concluding that their immigrant visas, which were derivative of their mother’s fraudulently-obtained LPR status, fell with the scope of §212(k). (Shin v. Holder, 6/11/10)
CIS Ombudsman Issues Recommendations on Processing of Waivers of Inadmissibility
The CIS Ombudsman issued recommendations to the Director of USCIS on the processing of waivers of inadmissibility to enhance the current filing process and minimize reluctance to file.
CA2 Interprets “Previously” as Used in INA §212(h)
The court held that under §212(h), the term “previously” refers to an alien who has been admitted to the U.S. as a lawful permanent resident at any time in the past, not merely upon the most recent admission. (Dobrova v. Holder, 6/9/10)
BIA Finds Antique Firearm Exception is Affirmative Defense in Removal Proceedings
The BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C). Matter of Mendez-Orellana, 25 I&N Dec. 254 (BIA 2010)
Assistant Secretary Morton Announces Internal Realignment of ICE Offices
Assistant Secretary Morton announced that ICE will realign its offices to promote criminal investigations over deportation. The three new directorates are: Homeland Security Investigations (HIS), Enforcement and Removal Operations (ERO), and Management and Administration.
USCIS Draft Memo for Comment on Guidance on Uniform Denial Language Pertaining to BIA Appeals
USCIS issued a draft memo for comment on guidance to USCIS officers on uniform denial language pertaining to appeals to the BIA, revising AFM Chapter 10.7(b). Comments are due 6/21/10. This document includes comment submission instructions and the draft memorandum.
CA8 Grants Rehearing to Review Continuance Denial Following Kucana Decision
CA8 granted petition for panel rehearing and vacated part of its prior opinion, finding that it now has jurisdiction to consider petitioner’s challenge to denial of his motion for continuance under Kucana v. Holder. (Hernandez v. Holder, 6/4/10)
CA8 Applies Hassan Case Precedent in Denial of FGM Asylum Case
CA8 held that, in light of adverse credibility findings and lack of corroborating evidence to establish identity, petitioner could not satisfy burden of proof to show FGM occurred "on account of her membership" in a protected category. (Fesehaye v. Holder, 6/4/10)
FL Man Who Served in Bosnian Serb Military during the Bosnian Conflict Leaves U.S. Following Denaturalization
A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.
CA3 Remands Asylum Case on Imputed Political Opinion
The court remanded the asylum case, finding that the BIA’s conclusion that FARC’s threats were not motivated by a political opinion imputed to petitioner was not supported by substantial evidence. (Espinosa-Cortez v. U.S. Att'y Gen., 6/2/10)
AILA Comments on the Online Detainee Locator System
AILA submitted a comment regarding the Online Detainee Locator System (ODLS) and suggested modifications to be made prior to deployment of the new system.
DOJ OIL May 2010 Litigation Bulletin
DOJ Office of Immigration Litigation released its May 2010 Bulletin, which covers topics including a review of AG’s discretionary waiver decisions, review of AG’s discretionary waiver decisions and the Adverse Credibility Project update.
Immigration Law Advisor, May 2010 (Vol. 4, No. 5)
Immigration Law Advisor, a EOIR legal publication, with an article on expert witnesses in immigration proceedings, federal court activity for April 2010, recent BIA precedent decisions, and a regulatory update.
First ICE Charter Lands in Iraq
ICE Detention and Removal Operations, in a charter flight to the Middle East, which made stops in Cape Verde, Lebanon and, for the first time, Iraq, removed 31 men with final orders of removal.
CA1 Affirms BIA Denial of Motion to Reopen to Adjust Status
The court held that the BIA acted within its discretion in denying petitioner’s motion to reopen to adjust status based on his well-documented credibility problems. (Chi v. Holder, 5/26/10)
CA9 Remands Asylum Case on China’s Population Control Policy
CA remanded, holding that petitioner suffered persecution for demonstrating other resistance to China’s coercive population control policy and deferred to AG’s INA interpretation in J-S- on spouses of victims of such policies. (Jiang v. Holder, 5/24/10)