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
ICE Releases List of Detainee Deaths from October 2003 through May 2010
On the ICE FOIA Reading Room, the agency released a list of detainee deaths from October 2003 through May 2010. During that period, 111 people died in ICE custody, according to the list.
TRAC Report: Immigration Case Backlog Continues to Grow
Transactional Records Access Clearinghouse (TRAC) issued a report finding that the number of cases awaiting resolution before the immigration courts reached 242,776 matters at the end of March 2010. The average length of time cases have been waiting increased to 443 days.
CA1 on Ineffective Assistance of Counsel and Exceptional Circumstances
The court upheld the denial of the motion to rescind the in absentia order where notice of the hearing was sent only to the attorney, and the attorney spoke to Petitioner’s wife, but did not directly inform Petitioner of the hearing date. (Reis v. Holder, 5/21/10)
CA11 on Status Investigation Pursuant to I-130 Petition AER
The court found that immigration authorities, with the information provided by respondent’s wife through an Additional Evidence Request (AER) to a I-130 petition, acted with reasonable diligence in investigating respondent’s status. (United States v. Garcia, 5/21/10)
BIA Holds Matter of Lozada Substantially Satisfied Where Prior Attorney Now Deceased
In an unpublished decision, the BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased. Courtesy of Geoffrey A. Hoffman.
BIA on Burden of Proof under §101(a)(13)(C)(v)
In an unpublished decision, the BIA held that, for an LPR to be regarded as “seeking admission” under §101(a)(13)(C)(v), DHS must prove by clear, unequivocal, and convincing evidence that he has committed an offense identified in §212(a)(2). Courtesy of David Funke.
Former CBP Officer Indicted for Taking Bribes From Foreign Restaurant Workers
A former CBP supervisor at Midway Airport has been indicted for allegedly taking about $52,000 in bribes to allow foreign employees of three area restaurants to extend their stays in the United States. (U.S. v. Mann, 5/20/10)
CA7 Denies Motion for Attorney’s Fees in Asylum Case
CA7 denied motion for attorney’s fees, finding that the “position of the United States” as used in the Equal Access to Justice Act does include the BIA’s decision and that the government’s position was substantially justified as a whole. (Gatimi v. Holder, 05/17/10)
EOIR Establishes Procedure for Filing Immigration Judge Conduct Complaints
The EOIR Office of the Chief Immigration Judge (OCIJ) established a procedure that allows any person to file a complaint about the conduct of an Immigration Judge. The EOIR webpage includes links to documents on filing a complaint and processing procedures.
AILA Liaison/NBC Meeting Minutes (5/12/10)
The 5/12/10 meeting minutes address NBC’s latest updates, K visa RFEs, EAD adjudications, I-290B processing times, I-824 filings, and more.
USCIS TSC Practice Alert : ASC Appointment Notices for Certain EOIR-Related Filings
The TSC Liaison Committee alerts practitioners of what to do when an erroneously issued ASC appointment notice was received from TSC regarding an EOIR-related case.
CA6 Discusses Burden of Proving Petitioners Married Prior to Entry
CA6 reversed the BIA judgment with respect to its ruling that the government met its burden of proving petitioners were married prior to their entry into the U.S. and its finding that petitioner was removable. (Hassan v. Holder, 5/11/10)
CA8 Upholds Denial of Acquittal on Charge of Conspiracy to Commit Marriage Fraud
CA8 affirmed lower court's denial of a motion for acquittal on conspiracy to commit marriage fraud, finding circumstantial evidence sufficient to justify jury's conclusion that defendant knowingly entered into marriage for purposes of evading immigration laws. (U.S. v. Yang, 5/10/10)
ICE Memorandum on Detention of Refugees Who Have Failed to Adjust Status
A 05/10/10 memo from James Chaparro, ICE DRO Director, providing guidance on when and under what circumstances ICE DRO Field Offices may detain refugees admitted under INA §207 who have failed to adjust to lawful permanent resident (LPR) status. Courtesy of Kara Hartzler.
CA11 Remands Sexual Assault and Orientation Asylum Case
The court remanded asylum case, finding that BIA did not explain whether the sexual assault that respondent described rose to the level of persecution and instead relied on an alleged finding that the IJ, in fact, never made. (Ayala v. U.S. Attorney General, 5/7/10)
Summary of the Border Security Enforcement Act of 2010 (S. 3332)
AILA summary of the Border Security Enforcement Act of 2010 (S. 3332) introduced on 5/7/10 by Senator John McCain (R-AZ).
BIA Clarifies How an IJ Should Determine an Asylum Application is Frivolous
The BIA held that when determining a case to be frivolous, the IJ may incorporate any facts made in support of the adverse credibility finding and consider separately the applicant’s explanations on the inconsistencies. Matter of B-Y-, ID 3680, 25 I&N Dec. 236 (BIA 2010)
CA8 Clarifies Holding in Tamenut Regarding Judicial Review of Sua Sponte Motions
CA8 clarified that it is precluded from reviewing sua sponte motions, not because of a lack of jurisdiction, but rather because the court has no meaningful standard against which to judge the agency's unfettered exercise of discretion. (Ochoa v. Holder, 5/5/10)
CA7 Denies Kucana Petition Following Supreme Court Remand
CA7 denied petition, finding the BIA did not abuse its discretion when concluding that the evidence did not show a material adverse change in country conditions between 2002 and 2006. (Kucana v. Holder, 5/4/10)
CA9 Holds BIA Erred in Finding Application Abandoned for Failure to Timely Submit Subsequent Documentation
CA9 held that BIA misinterpreted 8 C.F.R. § 1003.31(c) and erred in holding petitioner’s failure to timely submit subsequent documentation allowed IJ to deem his entire timely filed, statutorily authorized 212(c) application abandoned. (Casares-Castellon v. Holder, 5/4/10)
CA9 Finds Unborn Child Not a Qualifying Relative under Hardship Provision
CA9 upheld BIA decision that unborn child was not a qualifying relative for cancellation of removal purposes, finding that unborn child did not meet statutory definition of a “child” at time of IJ hearing. (Partap v. Holder, 5/4/10)
CA9 Finds IJ Erred in Denying Continuance and Excluding Testimony
CA9 remanded, finding IJ denied petitioner a full and fair hearing by precluding her from testifying to matters in the psychological evaluation of her child and denying a continuance less than one month after counsel’s initial appearance. (Rendon v. Holder, 5/3/10)
CA9 Finds Petitioners Who Received Fraudulent Green Cards in Conspiracy by Former INS Officer Removable
CA9 denied petition in part, holding that government proved removability of petitioners, who belonged to a group of persons who received fraudulent green cards through the criminal conspiracy of a convicted former INS officer. (Kim v. Holder, 5/3/10)
CA7 Grants Petitioner, Finding BIA Interpretation of Rodriguez-Esteban Overly Broad
CA7 granted petition, finding that petitioner’s challenge to the sufficiency of the notice he received before the agency rescinded his permanent resident status was reviewable. (Estrada v. Holder, 5/3/10).
DHS Comment Request on Proposed Public Online Detainees Database
DHS Privacy Act notice and comment request on the ICE Online Detainee Locator System, a proposed searchable online database to help members of the public locate detainees in ICE custody. Comments are due 06/02/10. (75 FR 23274, 05/03/10)