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
EOIR Fact Sheet on Video Teleconferencing
A 3/13/09 EOIR fact sheet provides an overview of the law authorizing hearings conducted using video teleconferencing and the role of video teleconferencing in the Criminal Alien Program.
BIA on Whether Electronic Monitoring and Home Confinement Constitute Custody
The BIA held that because DHS released the foreign national from actual physical detention, he was released from custody within the meaning of 8 C.F.R.§ 1236.1(d)(1). Matter of Jose Aguilar-Aquino, 24 I&N Dec. 747 (BIA 2009)
Practice Alert: TSC NTA Issuance After I-140 Approvals
AILA Liaison provides this Practice Alert in light of reports from several members that the TSC has begun issuing NTAs to out-of-status beneficiaries after the approval of an I-140 petition filed for the alien.
Fairfax County, VA Detainee Prints to Be Checked Against DHS Biometrics Database
On 3/9/09 ICE announced that Fairfax County, Virginia has joined the list of jurisdictions that will check the fingerprints of every booked individual against immigration records in DHS's biometric database. The ICE administered program is called Secure Communities.
CA9 Finds Possession of Green Card Obtained by False Statement is Prosecutable Offense
The court concluded that 18 U.S.C. § 1546(a) prohibits the possession of an otherwise authentic document that one knows has been procured by false claim, rejecting a statute of limitations argument, as it was a possession rather than false statement offense. (United States v. Krstic, 3/10/09)
CA4 Finds Petitioner Did Not Knowingly Waive Appellate Rights in Accepting Voluntary Departure
CA4 finds the BIA erred in denying motion to reconsider for lack of jurisdiction, and that petitioner did not knowingly and intelligently waive his right to appeal before the IJ in accepting voluntary departure. Courtesy of Alexandru I. Craciunescu. (Narine v. Holder, 3/9/09).
CA7 Affirms Denial of Application for Cancellation for CIMT
CA7 denies petition for review, dismissing petitioner’s arguments for failure to exhaust, and finding that a violation of 18 U.S.C. § 1001 is a crime involving moral turpitude, thus petitioner is barred from applying for cancellation of removal. (Ghani v. Holder, 3/9/09)
IJ Addresses ISAP as “Custody”
Orlando Immigration Court IJ finds that the Intensive Supervision Appearance Program (ISAP) is a form of custody and orders release from ISAP upon payment of bond. Courtesy of Andy Strickland.
CA4 Finds Appellant Indicted for Re-entry After Removal Fails to Show Statute of Limitations Has Run
CA4 denies appeal, finding that §276 does not encompass constructive knowledge, and that the appellant failed to show federal immigration authorities were aware of his identity and presence in the U.S. on the date required for a reentry violation.(United States v. Uribe-Rios, 3/4/09).
CA5 Concludes Lack of Jurisdiction Due to Petitioner’s Failure to Exhaust Administrative Remedies
The court concludes that that it does do not have the authority to excuse petitioner’s failure to exhaust, and that allowing “effective” exhaustion, rather than actual exhaustion, runs contrary to the purpose of the applicable statute. (Omari v. Holder, 3/4/09)
CA9 En Banc Decision Addresses DUI and Crimes Involving Moral Turpitude
Petition for review denied on basis that the determination that DUI offenses committed with the knowledge that one’s driver’s license has been suspended or otherwise restricted are crimes involving moral turpitude is a reasonable interpretation of the INA. (Marmolejo-Campos v. Holder, 3/4/09)
CA3 Finds Appellant Failed to Prove Invalidity of Written Waiver of Rights
The court denied the appeal concluding that when challenging the validity of a written waiver of rights in a deportation proceeding, the alien bears the burden of proving that the waiver is invalid. (Richardson v. U.S., 3/4/09)
Testimony Before House Appropriations Committee on Medical Care for Immigrant Detainees
On 3/3/09, the Subcommittee on Homeland Security of the House Appropriations Committee held a hearing on “Health Services for Detainees in U.S. Immigrations and Customs Enforcement Custody.”
Sign-On Letter to Attorney General Holder Regarding Matter of Silva-Trevino
A 3/3/09 AILF sign-on letter to Attorney General Holder urges the withdrawal of Attorney General Mukasey's opinion in Matter of Silva-Trevino, which discards categorical analysis in determining whether a prior conviction is a crime involving moral turpitude.
CA9 Concludes Petitioner’s Claim that Statements Made to Arresting Officer were Unlawfully Obtained is Meritless
Court rejects the petition for review, finding that the petitioner failed to demonstrate that INS violated its regulations in obtaining the information used to prepare the Form I-213, Record of Deportable/Inadmissible Alien. Samayoa-Martinez v. Holder (3/3/09)
Supreme Court Reverses and Remands in Negusie v. Holder
The Supreme Court reverses and remands to the BIA, finding error in the misapplication of Fedorenko regarding coerced conduct and the persecutor bar to asylum. (Negusie v. Holder, 3/3/09)
CA7 Upholds Denial of Application for Cancellation of Removal for Petitioner with Pre-IIRIRA Conviction for Marriage Fraud
CA7 concludes that the petitioner’s visa-fraud conviction disqualifies him from cancellation of removal. Finds that the petitioner cannot show that he has been harmed by his reliance on pre-IIRIRA law because he would have been ineligible under the pre-IIRIRA regime. (Obi v. Holder, 3/3/09)
DHS OIG Releases Report on Tracking and Transfer of Detainees
The DHS Office of Inspector General released a March 2009 report on the results of an audit of ICE's detainee tracking, transfer processes, and medical screenings and physical examinations.
Immigration Law Advisor, February 2009 (Vol. 3, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on differentiating the material support and persecutor bars in asylum claims, federal court activity for January 2009, and a regulatory update.
EOIR FY2008 Statistical Yearbook
The EOIR Statistical Yearbook for FY2008 provides data on proceedings reviewed and completed by the immigration courts and the BIA.
Section-by-Section Analysis of Immigration Oversight and Fairness Act (H.R. 1215)
Section-by-section analysis of the Immigration Oversight and Fairness Act (H.R. 1215), introduced by Rep. Roybal-Allard (D-CA) on 2/26/09. This document was produced by AILA and the Lutheran Immigration and Refugee Service.
Bill Text of Immigration Oversight and Fairness Act
On 2/26/09, Rep. Roybal-Allard introduced the Immigration Oversight and Fairness Act (H.R. 1215), a bill which aims to reform immigration detention procedures.
CA2 Says BIA Erred in Focusing on Date of Conviction Rather Than Date Proceedings Began
The court found the petitioner eligible for 212(c) relief because IIRIRA's repeal of 212(c) does not apply to foreign nationals whose deportation proceedings predate the Act's effective date. (Garcia-Padron v. Holder, 2/26/09)
Fact Sheet Regarding Asylum-Related Provisions of the TVPRA
The AILA Asylum committee offers a February 23, 2009, Fact Sheet from USCIS Asylum Division concerning the implementation of the asylum-related provisions of the Trafficking Victims Protection Reauthorization Act (TVPRA).
TSC Practice Alert: Biometrics Scheduling for EOIR Cases
AILA/TSC Liaison has learned that although a fix occurred in December 2008 regarding the automatic biometrics scheduler, all biometrics appointments were not scheduled automatically.