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
CA1 Finds No Jurisdiction to Review Denial of Sua Sponte Reopening
The court found no jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte and dismissed the petition for review. (Peralta v. Holder, 5/28/09)
CA7 Concludes Conviction for Sexual Abuse of a Minor Constituted Aggravated Felony
The court considers whether petitioner's “sexual abuse of a minor” in violation of Ind. Code § 35-42-4-9(b), is an aggravated felony. Concludes that the conduct required for conviction categorically constitutes sexual abuse of a minor under INA § 101(a)(43). (Gaiskov v. Holder, 5/28/09)
CA9 Addresses Imputation of Five-Year Residence Requirement for Cancellation and Brand X
Court holds that, for purposes of satisfying the 5 years of lawful permanent residence required under INA § 240A(a)(1), parent’s status as LPR is imputed to unemancipated minor child residing with parent. Finds BIA’s reliance on Brand X is misplaced. (Escobar v. Holder, 5/27/09).
ICE and Nursing Mothers–To Bond or Not To Bond
A week ago I was contacted by a reporter in North Carolina who became involved in a story about a undocumented immigrant. The undocumented immigrant has been in the United States for 13 years, was the mother of five U.S. Citizen children, ranging in age from 9 1/2 to 9 months. She was taken into [&#
CA8 Finds No Abuse of Discretion in BIA Refusal to Remand Despite New Material Facts
The court finds it has jurisdiction to review the BIA’s decision for abuse of discretion. BIA refused to grant motion to remand where the request to reopen provided a completely new basis of seeking cancellation of removal (Vargas v. Holder, 5/20/09)
Memo on Adjudicating Forms I-212 for Aliens Inadmissible under INA 212(a)(9)(C) or Subject to Reinstatement under 241(a)(5) in Light of Gonzalez v.
Rescinding an earlier Memo, this 5/19/09 Aytes Memorandum discusses adjudicating Forms I-212 for aliens inadmissible under INA 212(a)(9)(C) or who are subject to reinstatement under 241(a)(5) in light of Duran Gonzalez v. DHS, 508 F.3d 1227(9th Cir. 2007).
CA1 Says Petitioner Was Not Grandfathered for §245(i) Adjustment
The court found that Petitioner was not eligible for adjustment of status where the underlying visa petition to support grandfathering under §245(i) was revoked and was not approvable when filed. (Santana v. Holder, 5/19/09)
CA9 Finds it Lack Jurisdiction to Review Hardship Determination
Court finds the decision as to whether removal would cause the petitioner’s family “exceptional and extremely unusual hardship” is a discretionary determination, which it lacks jurisdiction to review. (Mercado v. Mukasey, 5/19/09)
Supreme Court Finds Failure to Plead Sufficient Facts for Unlawful Discrimination Claim in Challenge to Post 9/11 Detention
The Court held the complaint, which alleged that officials adopted a policy of discrimination in the detention of men of Arab descent following 9/11, failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. (Ashcroft et al. v. Iqbal et al., 5/18/09)
ICE Statement on Death of Detainee in Harlingen, TX Hospital
The National Community Outreach Program of ICE's Office of Policy released a statement regarding the death of a detainee at a Hospital in Harlingen, Texas. The detainee was battling cancer.
CA4 Upholds BIA’s Interpretation that CSPA Does Not Apply to HRIFA Applicants
The court defers to BIA where the Child Status Protection Act (CSPA) is silent as to whether it applies to HRIFA applicants. The BIA determined that CSPA age-out provisions do not apply to HRIFA applicants. (Midi v. Holder, 5/12/09).
CA8 Finds Substantial Evidence Supported BIA’s Decision to Reverse IJ’s Asylum Grant
The court upheld the BIA’s decision reversing the IJ’s grant of asylum, finding that the BIA’s determination that four anonymous threats received over a four-year period did not rise to the level of past persecution or a well-founded fear of future persecution. (Cubillos v. Holder, 5/12/09)
BIA Finds IJ Failed to Adhere to Role of Impartiality
In an unpublished decision, the BIA vacates and remands for a new asylum hearing before a different immigration judge after applicant challenged the fairness of the underlying hearing and BIA found IJ did not behave in a professional and impartial manner. Courtesy of Aleksander Milch.
Postville, One Year Later
Today marks the one year anniversary of the ICE raid at the Agriprocessors meat packing facility in Postville, Iowa. The raid, which was the largest worksite enforcement raid in U.S. history, resulted in the conviction and deportation of more than 300 undocumented immigrants, mostly uneducated Guate
Postville Gives Attorney General Holder An Opportunity To Do Justice
By AILA Board of Governors member Leslie Holman Yesterday Attorney General Eric Holder, Jr. told 11 new U.S. Prosecutors: “Your job as assistant U.S. attorneys is not to convict people,“ Holder said. “Your job is not to win cases. Your job is to do justice. Your job is in every case, every dec
CA2 Finds Jurisdiction to Review Hardship Determination Due to Error of Law
The court remanded for evaluation of whether Petitioner established hardship to his U.S. citizen children for purposes of cancellation of removal where the record was mischaracterized to an extent amounting to an error of law. (Mendez v. Holder, 5/8/09)
BIA Finds Appellant Did Not Automatically Derive Citizenship from U.S. Citizen Stepfather
The BIA held that an alien cannot demonstrate derivative citizenship under INA § 320(a) through a nonadoptive stepparent and the terms "child" and "parent" in the INA do not encompass stepchildren and stepparents. Matter of Guzman-Gomez, 24 I&N Dec. 824 (BIA 2009)
AILA Liaison/NSC Meeting Minutes (5/7/09)
The 5/7/09 meeting minutes address I-140s, I-290B Processing, Labor Certifications, ability to pay, I-485s, RFEs, Portability, EAD for EOIR cases, Refugee and Asylee adjustment denials, I-90s, NSC/TSC relationship, misdirected mail, and more.
ICE and Ankle Bracelets–Better Than No Detention at All?
ICE DRO (Detention and Removal Officers) were trolling the Immigration Courtrooms this week in Atlanta looking for respondents who were appearing for their hearings, but whom had previously not been detained by ICE, and thus had no bond or restraints on their liberty. You ask, what would ICE be doin
White House Summary of Immigration-Related Funding in the FY2010 Budget
Summary prepared by the White House of proposed changes in immigration-related funding in the President’s recently released FY2010 budget.
DHS Proposes to Amend System of Records to Share Detainee Information
DHS proposes to amend the DHS/ICE-011 Removable Alien Records System to add two routine uses, which would allow ICE to share information about individuals in detention with entities that seek to provide legal educational and orientation programs. (74 FR 20719, 5/5/09)
BIA Holds Conviction is Final Despite Pending Appeal in State Court
The BIA held that a pending late-reinstated appeal does not undermine the finality of respondent's conviction as a valid predicate for removability. Matter of Cardenas Abreu, 24 I&N Dec. 795 (BIA 2009)
Supreme Court Holds Aggravated Identity Theft Statute Requires Knowledge that Identification Used or Transferred Belongs to Another Person
In a unanimous decision on May 4, 2009, The Supreme Court reversed lower courts and held that a conviction of Aggravated Identity Theft requires that an individual know that the means of identification used or transferred belongs to another person. (Flores-Figueroa v. United States, 5/4/09)
Immigration Law Advisor, April 2009 (Vol. 3, No. 4)
Immigration Law Advisor, a legal publication from EOIR, with an article on incompetent respondents in removal proceedings, federal court activity for March 2009, an article on rules of evidence in immigration court, recent BIA precedent decisions, and a regulatory update.
If Your Law Practice Includes Immigration At All, You Should Be There
How do I: 1. Find out what to do when USCIS says NVC has the file, and NVC says it doesn't? 2. Get a step-by-step rundown of how to fill out a Form I-129 and document it? 3. Find the hidden time bombs in an affidavit of support? 4. Obtain the low-down on what to […]