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
AILA-TSC Liaison on Biometrics for EOIR I-485s
AILA has learned there has been a problem with the automatic biometrics scheduler at TSC affecting adjustment applicants in proceedings where EOIR I-485 applicants are not receiving ASC appointment notices. The AILA TSC Liaison Committee gives instructions for how to resolve this issue.
CA1 Rejects Due Process Claims in Colombian Asylum Case
The court rejected Petitioner’s claims that the IJ erred in failing to initiate a competency hearing and that the BIA incorrectly affirmed the adverse credibility finding. (Muñoz-Monsalve v. Mukasey, 12/12/08)
CA2 Says 245(i) Grandfathering Requires Proof of Bona Fide Marriage
The court upheld the BIA’s interpretation that a marriage-based petition, for purposes of grandfathering under INA §245(i), must be based on a bona fide marriage to demonstrate that the petition was approvable when filed. (Huarcaya v. Mukasey, 12/12/08)
IJ Thomas Snow to Serve as Acting Chief Immigration Judge
In a 12/10/08 press release, DOJ announced that Immigration Judge Thomas Snow will serve as acting Chief Immigration Judge as of 1/5/09.
AILA Strongly Opposes Forced DNA Collection for Civil Detainees
AILA expresses concern over the DOJ final rule (73 FR 74932, 12/10/08) that holds serious implications for people who are detained on possible immigration violations, by forcing them to submit their DNA to federal officials.
DOJ Final Rule on DNA Collection in Federal Jurisdictions
This DOJ final rule directs federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-U.S. persons who are detained under the authority of the U.S. subject to certain limitations and exceptions. (73 FR 74932, 12/10/08)
Chief Immigration Judge Appointed Vice Chair of the Board of Immigration Appeals
The AILA/EOIR Liaison Committee says that the Attorney General has appointed Chief Immigration Judge David Neal as BIA Vice Chair, effective 1/5/09. Immigration Judge Thomas Snow will serve as Acting Chief Immigration Judge until the next Attorney General appoints the Chief Immigration Judge.
CA4 Denies Ineffective Assistance of Counsel Claim, Finds Petitioner Failed to Exhaust Administrative Remedies
CA4 finds that counsel's concession of deportability was not unreasonable under the law at the time, and that it lacked jurisdiction over the aggravated felony question as the issue was not raised before the IJ and BIA. (Massis v. Mukasey, 12/9/08).
ICE Posts Notice of Transfer of Detainees in Rhode Island Detention Facility
ICE announced the transfer of detainees in the Wyatt Detention Facility in Rhode Island to other facilities in the area.
CA5 Finds Grant of 212(c) Waiver Does Not Expunge the Conviction Itself
The court denied the petition to review, finding that a conviction that was the focus of a previous §212(c) waiver can still be a ground of inadmissibility that precludes §212(h) relief in further removal proceedings.(De Hoyos v. Mukasey, 12/8/08)
EOIR Swears in Immigration Judge in Omaha
On 11/5/08 EOIR announced that Jack L. Anderson was sworn in to serve at the Omaha Immigration Court.
AILA Amicus Brief Urging Withdrawal of the AG's Decision in Matter of Silva-Trevino
AILA amicus brief arguing that the AG's decision in Matter of Silva-Trevino should be withdrawn, as it replaces the categorical and modified categorical approach to determining whether a person has been convicted of a CIMT with an unworkable and fundamentally unfair method of analysis.
CA11 Determines Whether Procedural Errors Are Prejudicial, Sets Standards to Prove Torture
CA11 held it can review due process violations, but petitioner failed to establish that the outcome of his removal hearing would have been different. Applicants have to prove torture by the government to be eligible for withholding of removal under CAT. (Gardner v. Attorney General, 12/4/08)
Human Rights First Report on the U.S. Asylum System
Human Rights First issued a report, "How to Repair the Asylum System: Blueprint for the Next Administration," which includes recommendations on detention, gender-based persecution, and the one-year filing deadline for filing an asylum application.
CA2 Says Second I-751 Filed After Termination of Status Does Not Restore Status
The court found that Petitioner’s status was terminated when he failed to appear with his wife at the I-751 interview and that the filing of a second I-751 petition did not restore his status. (Severino v. Mukasey, 12/3/08)
CA1 Refuses to Equitably Toll Deadline for In Absentia Motion
The court found that the Petitioner failed to demonstrate sufficient due diligence to justify equitable tolling of the motion to reopen deadline for in absentia removal orders. (Fustaguio do Nascimento v. Mukasey, 12/1/08)
CA9 Rejects Equal Protection Claim by Petitioner with State Pardon for Controlled Substance Conviction
The court holds the petitioner failed to demonstrate that the absence of a waiver for inadmissible aliens with a state pardon is wholly irrational so as to violate equal protection. (Aguilera-Montero v. Mukasey, 12/1/08)
Immigration Law Advisor, November 2008 (Vol. 2, No. 11)
Immigration Law Advisor with an article on U.S. citizenship law, federal court activity for October 2008, AG/BIA precedent decisions, and legislative and regulatory updates.
CA3 Remands Denial of MTR for Asylum Claim Based on One-Child Policy
The court noted that the BIA must consider the evidence and arguments set forth in motions to reopen and found that the BIA abused its discretion by failing to identify or discuss statements and evidence in support of Petitioners’ motions to reopen. (Zheng v. Att’y Gen. of the U.S., 11/26/08)
Supreme Court Will Review Stay Standard
The Supreme Court granted certiori in Nken v. Mukasey and will review the standard governing a stay of removal pending consideration of a petition for review.
CA4 Finds IJ Erred in Denying Asylum as a Matter of Discretion
The court set forth a list of non-exhaustive factors that IJs should consider when determining if an individual merits asylum as a matter of discretion.(Zuh v. Mukasey, 11/25/08)
BIA Holds IJ Has Duty to Alert Pro Se Applicant to Avenues for Relief
In an unpublished decision, the BIA held that the IJ had a duty to develop the record on the potential hardship of the applicant’s removal on his son and to alert the applicant to all avenues of relief, which he failed to do with regard to voluntary departure. Courtesy of Robert Carpenter.
EOIR Information Collection on Forms EOIR-42A and EOIR-42B
EOIR issued an information collection on Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, and Form EOIR-42B, Adjustment of Status for Certain Nonpermanent Residents. Comments are due 12/22/08. (73 FR 70675, 11/21/08)
CA11 Discusses What Rises to Persecution
CA11 found no jurisdiction to review untimely filed asylum applications. Being forced to pay for government-provided education, or evidence that activists with similar political views were arrested and detained, did not rise to the level of persecution. (Lei v. Attorney General, 11/20/08)
CA9 Denies Petition for Rehearing En Banc and Amends Opinion in Kalilu
CA9 denied the petition for rehearing en banc and made minor amendments to its earlier opinion on eligibility for adjustment of status. The court remanded the determination of a frivolous asylum application in light of Matter of Y-L-. (Kalilu v. Mukasey, 11/20/08)