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 Law Advisor, April 2010 (Vol. 4, No. 4)
Immigration Law Advisor, a EOIR legal publication, with an article on alternatives to detention and Immigration Judges’ bond jurisdiction, federal court activity for March 2010, and recent BIA precedent decisions.
BIA on § 245(i) Adjustment of Status and Unauthorized Employment Restrictions
The BIA held that an alien otherwise eligible to adjust status under INA § 245(i), is not subject to §§245(c) unauthorized employment restrictions and exception in 245(k) that apply to adjustment of status under §245(a). Matter of Alania, 25 I&N Dec. 231 (BIA 2010)
CA8 Remands, Finding Petitioner Eligible for Asylum Based on Past Persecution
CA8 remanded asylum claim to IJ, finding that that the evidence would compel any reasonable fact-finder to conclude that petitioner suffered past persecution. (Bracic v. Holder, 4/29/10)
CA3 on Adjustment of Status for VWP Entrants
The court held that although petitioner was once statutorily eligible for adjustment of status, he may not, after expiration of his 90-day VWP stay, adjust his status as a defense to removal. (Bradley v. Att'y Gen. of the U.S., 4/29/10)
CA7 on Imputed Political-Opinion and China’s One-Child Policy
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (Chen v. Holder, 4/28/10)
CA2 on Lozada and Ineffective Assistance of Counsel
The court upheld the BIA's denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that Petitioner failed to comply with the requirements of Lozada. (Debeatham v. Holder, 4/28/10)
ICE Issues Secure Communities Fact Sheet
ICE issued a fact sheet on Secure Communities that includes brief information fingerprint checks, allegations of racial profiling, prioritization of Level 1 offenses, and IDENT/IAFIS interoperability.
CA2 Finds Ineffective Assistance of Counsel May Excuse Failure to Exhaust
The court vacated the district court judgment and held that the administrative exhaustion requirement of INA §276(d)(1) can be excused when an alien has received ineffective assistance of counsel. (USA v. Cerna, 4/27/10)
CRS Report: Unauthorized Aliens in the United States
The Congressional Research Service (CRS) issued a report on undocumented immigrants in the U.S. including information on demographics, current law, and policy options.
CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Sum v. Holder, 4/23/10)
CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Nunez-Reyes v. Holder, 4/23/10)
EOIR Expands Benchbook with Mental Health Issues Section
EOIR announced that it added a section on mental health issues to the Immigration Judge Benchbook. This new section includes and overview of competency issues, a guide for addressing competency issues in removal proceedings, sample orders, and a resource guide.
CA9 on Joint Petition and Good Faith Marriage Requirements
CA9 held that petitioner was not entitled to LPR status, finding IJ and BIA ruling supported by substantial evidence, where wife withdraw her support and INS determined that he had not entered into the marriage in good faith. (Hammad v. Holder, 4/22/10)
BIA on Removability for Conviction of Conspiracy to Commit Aggravated Felony
The BIA held that an alien only convicted of conspiracy to commit an aggravated felony and removable on the basis of that conviction under the INA may not also be found removable for underlying substantive offense. Matter of Richardson, 25 I&N Dec. 226 (BIA 2010)
DHS PIA on the Alien Criminal Response Information Management System
DHS issued a Privacy Impact Assessment (PIA) on the Alien Criminal Response Information Management System (ACRIMe), an information system used by ICE to support law enforcement activities at the ICE Law Enforcement Support Center and other ICE locations.
AILA Liaison/NSC Stakeholder Call Q&As– Refugee/Asylee Product Line (4/22/10)
The NSC Liaison Committee reports "unofficial" questions and answers from a recent stakeholder meeting. Topics include I-589 for detained unaccompanied minors, I-131s, I-90s, I-730s, TRIG/Material Support, Somali Documents, I-485 Refugee, Liberian Hold, Lockbox, and more.
BIA Finds LPR Who Entered Without Inspection “Admitted” on Status Adjustment Date
The BIA held that an alien who entered without inspection and later obtained LPR status through adjustment of status, must satisfy INA §212(h) residence requirement for inadmissibility waiver eligibility. Matter of Koljenovic, Int. Dec. 3677, 25 I&N Dec. 219 (BIA 2010)
DHS Urges BIA to Vacate Matter of Shanu
Agreeing with the American Immigration Council, DHS urges BIA to overturn Matter of Shanu, which holds that “any admission” qualifies under INA §237(a)(2)(A)(i) (deportation ground based upon a conviction of a CIMT within five years of admission). (Matter of Alyazji, 4/21/10)
CA9 Finds Marriage Fraud Covered By Fraud Waiver
CA9 granted petition and remanded, holding that an alien whose legal status as the spouse of a citizen is later terminated because the marriage was fraudulent is eligible for discretionary relief from removal. (Vasquez v. Holder, 4/19/10)
DOJ OIL Immigration Litigation Bulletin March 2010
The DOJ OIL Immigration Litigation Bulletin for March 2010 includes case summaries, an article on the viability of “exceptions” to the INA’s exhaustion requirement after the Supreme Court’s Bowles decision and highlights from the EOIR FY2009 Statistical Year Book.
CA9 Remands, Finding BIA Erred in Denial of CAT Claim
CA9 granted petition, finding that the BIA’s reasoning appears to be at odds with the IJ’s decision, petitioner’s credible testimony, and judicially-noticeable facts. The court remanded to BIA for a clearer explanation of its decision. (Eneh v. Holder, 04/15/10)
CA3 Finds No Jurisdiction to Review “Extreme Cruelty” Determination
The court joined several other circuits in holding that the “extreme cruelty” determination for special rule cancellation of removal for battered spouses is discretionary and not subject to judicial review. (Johnson v. Att'y Gen. of the U.S., 4/16/10)
IJ Grants Asylum to Indonesian Woman Citing Sexual Harassment
The IJ granted asylum to an Indonesian woman who had experienced discrimination and sexual harassment due to her Chinese ethnicity, as well as persecution on account her membership in the Christian religion. Courtesy of Sun Jin Jung.
CA1 Finds "Young Women Who Resist Gang Recruitment" Is Not a Social Group.
The court held that "young women who resist gang recruitment" do not constitute a legally cognizable social group because the proposed group lacks social visibility and is not sufficiently particular. (Mendez-Barrera v. Holder, 4/15/10)
CA9 Finds IJ Erred by Considering Her Bond Hearing Notes during Removal Hearing
CA9 granted petition and remanded asylum case, finding that IJ, who presides over the same petitioner’s bond hearing and removal hearing, may not use her notes from the unrecorded bond hearing in reaching her removal hearing decision. (Joseph v. Holder, 4/14/10)