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, January 2009 (Vol. 3, No. 1)
Immigration Law Advisor with an article on the specific intent standard in Convention Against Torture cases, federal court activity for December 2008, an article on limit of court jurisdiction on matters of “agency discretion,” recent BIA precedent decisions, and a regulatory update.
Motion to Vacate Decision to Reinstate Prior Order of Removal
Sample motion to vacate notice of intent/decision to reinstate prior order of removal on grounds that the proceedings which led to the order’s issuance were fundamentally unfair, Defendant was denied judicial review, and suffered prejudice. (February 2009) (Criminal Procedure)
MPI Report Finds Fugitive Program Targets Immigrants without Criminal Convictions
The Migration Policy Institute February 2009 report, “Collateral Damage: An Examination of ICE’s Fugitive Operations Program,” reveals that 73% of ICE fugitive operations arrests were unauthorized immigrants without criminal records, not the program’s stated targets.
DHS Privacy Act System of Records Notice for Removable Alien Records System of Records
DHS notice of a privacy act system of records regarding the DHS/ICE-011 Removable Alien System of Records. This system is the reissuance of the legacy system of records, Justice/INS–012 Deportable Alien Control System, as an ICE system of records. (74 FR 5665, 1/30/09)
EOIR Published a Revised Information Collection on Form EOIR-27
EOIR published a revised information collection on Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 3/31/09. (74 FR 5677, 1/30/09)
EOIR Issues Revised Information Collection on Form EOIR-28
EOIR published a revised information collection on Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due 3/30/09. (74 FR 5183, 1/29/09)
EOIR Issues Revised Information Collection on Form EOIR-40
EOIR published a revised information collection on Form EOIR-40, Application for Suspension of Deportation. Comments are due 3/30/09. (74 FR 5183, 1/29/09)
DHS SORN on Removable Alien Records System
DHS notice of the reissuance of a legacy system of records as an ICE system of records entitled DHS/ICE--011 Removable Alien Records System. Comments are due 2/27/09. (74 FR 4965, 1/28/09)
CA9 “Aggravated Felony” in Withholding of Removal
The court lays out how to determine removability as an aggravated felon by comparing the state statute of conviction to a generic federal crime. (Anaya-Ortiz v. Mukasey, 1/27/09)
CA8 Consideration of False Statements Upheld in Denial of Status Adjustment
The court held that the IJ’s denial of adjustment of status was neither arbitrary nor capricious where IJ did not ignore evidence, but found it unpersuasive. (Dukuly v. Filip, 1/27/09)
Guide for Representing Noncitizen Criminal Defendants
The Defending Immigrants Partnership released a manual entitled “Representing Noncitizen Criminal Defendants: A National Guide,” on the representation of noncitizen defendants accused of crimes.
IJ Finds Applicant Was Improperly Placed in Proceedings
The IJ granted motion to terminate proceedings, persuaded that the asylum applicant was improperly placed in removal proceedings prior to the adjudication of a previously filed asylum application. Courtesy of Geoffrey Hoffman.
Duff Memo on Prosecution of Fraudulent Document Possession Crimes Under the Identification Fraud Statute
A 1/22/09 memo from James Duff, Dir. of the Admin. Office of the U.S. Courts, transmits a letter from Kenneth Melson, Dir. of the Exec. Office for U.S. Attorneys, noting that some defendants convicted of possessing false, stolen, or unlawfully produced ID docs. may have been incorrectly sentenced.
CA2 Finds Petitioner’s Statement Should Have Been Suppressed
The court remanded, finding error in the determination that Petitioner was removable in reliance on an unsupported credibility determination and that Petitioner's statement should have been suppressed. (Singh v. Mukasey, 1/21/09)
CA9 Clarifies the One-Year Deadline for Asylum Application
The court held that the first day of the one-year period for filing an asylum application is the day after the applicant arrived in the U.S. For example, if applicant arrived on April 9, the deadline for application is April 9 of the following year, not April 8. (Minasyan v. Mukasey, 1/20/09)
CA9 Interprets Social Group “Membership”
The court held that social group is largely based on “immutable” characteristics or characteristics “fundamental” to group’s identity. Specifically, the court reviewed claim of police persecution for being a supporter of the Roma ethnic minority in Bulgaria. (Donchev v. Mukasey, 1/16/09)
CA6 Upholds Adverse Credibility Determination Based on Inconsistencies
The court held the IJ’s adverse credibility determination was supported by substantial evidence, and denial of withholding of removal was warranted where credibility of applicant had not been established. (Shan Sheng Zhao v. Mukasey, 1/16/09)
Average Bond Amounts at ICE Offices
This document is a list of average bond amounts at ICE offices. Information provided by ICE Community Outreach Program. A
ICE Terminates Agreement to House Detainees at Detention Facility in Rhode Island
On 1/15/09 ICE announced that it notified the Central Falls Detention Facility Corporation of the agency's intention to terminate the agreement to house detainees at the Donald Wyatt Detention Facility in Rhode Island. Following a death, ICE relocated facility’s 153 detainees in 12/08.
CA5 on VWP Overstay and Defenses to Removal
The court held that, since petitioner remained after expiration of her 90-day VWP stay, she was not entitled to contest her removal based on her marriage-based adjustment of status application (McCarthy v. Attorney General of the United States, 1/15/09)
EOIR Fact Sheet on Asylum, Withholding of Removal and CAT
A 1/15/09 EOIR fact sheet provides basic information on asylum and withholding of removal relief, as well as Convention Against Torture (CAT) protections.
Report on Repatriation of Unaccompanied Children
The Center for Public Policy Priorities released a report entitled "A Child Alone and Without Papers" on the return and repatriation of unaccompanied children by the U.S.
CA2 Remands Asylum Based on Persecution by Local Authorities
The court held that the IJ erred as to the timeliness of the petitioner’s application for asylum and in finding that the petitioner had not testified credibly in support of his claims, and remanded the case for further review (Zheng v. Mukasey, 1/13/09)
Court Finds Pretrial Diversion Agreement Does Not Constitute Conviction for Aggravated Felony
Court grants de novo review of naturalization denial, concluding that a Pretrial Diversion Agreement does not constitute a conviction for an aggravated felony, as the petitioner's guilt was not established by trial, plea or admission. Courtesy of Alex I. Craciunescu. (X v. Bryson, 1/13/09)
BIA Denies Motion to Set Aside Attorney Suspension Order
The BIA denied an attorney’s motion to set aside a suspension order for failure to show good cause. Motion was based on claimed good standing before the California State Bar. Matter of Rosenberg, 24 I&N Dec. 744 (BIA 2009)