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
CA11 Remands for Reconsideration of Continuance Based on Pending I-140/I-485
CA11 remanded for reconsideration of a request for continuance until pending I-I40/I-485 are adjudicated. It found that the IJ denied the continuance based on 11th circuit case law at the time, prior to the decisions in Zafar II, Merchant and Haswanee. (Matter of Jivan, 9/19/08)
CA8 Finds Cameroonian Widows Constitute a Particular Social Group
The court held that the BIA erred in rejecting the social group of Cameroonian widows, finding that they share an immutable characteristic and are viewed by society as members of a social group. (Ngengwe v. Mukasey, 9/18/08)
CA1 Upholds Cambodian Asylum Denial for Lack of Nexus
The court held that substantial evidence indicated that Petitioner was not targeted on account of one of the protected statutory grounds, where he admitted that he had been mistreated for enforcing a ban on illegal fishing. (Nou v. Mukasey, 9/18/08)
CA5 Finds it Lacks Jurisdiction to Review Denial of Motion Seeking Equitable Tolling
The court held that it lacks jurisdiction to review the denial of a time- and number-barred motion to reopen based on ineffective assistance of counsel, because the BIA has complete discretion to deny untimely MTRs. (Ramos-Bonilla v. Mukasey, 9/18/08)
Sen. Menendez and Rep. Honda Introduce the Reuniting Families Act (S. 3514)
On 9/18/08, Senator Menendez (D-NJ) introduced the Reuniting Families Act (S. 3514), a bill aimed at promoting family unity in the immigration system. A companion bill (H.R. 6938) was introduced in the House by Rep. Honda (D-CA).
CA9 Reverses Armenian Asylum Denial and Finds IJ Erred on Fingerprints
CA9 held that an Armenian who was threatened, beaten, and detained because of mixed ethnicity and political opinion, was statutorily eligible for asylum, and found that the IJ abused discretion in denying a continuance to comply with fingerprint requirements. (Karapetyan v. Mukasey, 9/16/08)
CA9 Finds Pattern of Persecution of Homosexual Men in Jamaica
The court found a pattern or practice of persecution of gay men in Jamaica and remanded Petitioner’s withholding claim. The court also remanded his CAT claim in light of the government’s acquiescence and involvement in the torture of gay men. (Bromfield v. Mukasey, 9/15/08)
CA7 Finds Aggravated Felony, although State Court Did Not Charge Petitioners as Repeat Offenders
The court held that petitioners’ first and second statecourt convictions for simple drug possession amount to an “aggravated felony”, thus affirming the finding that they were statutorily ineligible for cancellation of removal. Judge Rovner dissents. (Fernandez v. Mukasey, 9/15/08)
EOIR Revised Information Collection on Form EOIR-42A and EOIR-42B
EOIR issued a revised information collection for Forms EOIR-42A, Application for Cancellation of Removal, and EOIR-42B, Adjustment of Status for Certain Nonpermanent residents. Comments are due 11/14/08. (73 FR 53282, 9/15/08)
EOIR Revised Information Collection on Form EOIR-26
EOIR issued a revised information collection on Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Comments are due 11/14/08. (73 FR 53281, 9/15/08)
EOIR Creates Web Page to Submit Complaints About Immigration Judges
EOIR created a web page that allows individuals to submit complaints about Immigration Judge conduct.
ICE Performance Based National Detention Standards
ICE Performance Based National Detention Standards (PBNDS), released on 9/12/08, consisting of 41 standards governing the conditions of confinement for ICE detainees. Detention facilities must meet 90% of the non-mandatory provisions and 100% of the mandatory provisions.
AILF Legal Action Center Advisory on 28(j) Letters
AILF's Legal Action Center issued an advisory on "28(j)" letters reportedly received by some AILA members following the Attorney General's request that the BIA refer to him for review three cases involving Lozada standards with respect to ineffective assistance to counsel.
Statement by DHS Assistant Press Secretary Keegan On Immigration Enforcement During Hurricane Ike
Statement by Department of Homeland Security Assistant Press Secretary Keegan announcing that there will be no DHS immigration enforcement operations associated with evacuations and sheltering during hurricane Ike.
AILA’s Comment to EOIR’s Practice Manual
AILA’s comment to EOIR’s Practice Manual, which went into effect on 7/1/08, stating that while AILA appreciates all the work that went into creating the Manual and EOIR's responsiveness, there are still concerns and suggestions for future updates and additions to the Manual.
AILA Commends House Judiciary Committee For “Mark-Up” Of Four Immigration-Related Bills
AILA commends Rep. John Conyers Jr. (D-MI), Chair of the House Judiciary Committee, and Rep. Zoe Lofgren (D-CA), Chair of the House Immigration Subcommittee, for pressing forward in a toxic political environment to “mark up” four important immigration-related bills.
BIA Addresses Meaning of “to Reside Permanently” Under Former Section 321(a) of the INA
The BIA held that respondent did not satisfy former section 321(a) of the Act to obtain derivative citizenship because he did not acquire LPR status before he reached 18 years of age. Matter of Nwozuzu, 24 I&N Dec. 609 (BIA 2008)
IJ Grants Asylum to Children of a Particular Family Who Where Physically Abandoned
IJ finds that Honduran children merit a grant of asylum on humanitarian grounds with the social group defined as members of a particular family who were physically abandoned by their parents. Courtesy of David Sperling.
DOJ Progress Overview on EOIR Improvement Measures
On 8/28/08 DOJ released a fact sheet summarizing EOIR's progress implementing the 22 Measures to Improve the Immigration Courts and the Board of Immigration Appeals, which were outlined in 2006 by former Attorney General Gonzales.
CA9 Rejects Social Group Claim in Salvadoran Gang-Related Asylum Claim
The court upheld BIA’s finding that Petitioner’s fear based on family membership was not well-founded. It also upheld the BIA’s rejection of “young [men] in El Salvador resisting gang violence” as a social group due to lack of particularity and visibility. (Santos-Lemus v. Mukasey, 9/8/08)
TRAC Report on Implementation of Improvement Measures for BIA & Immigration Courts
TRAC released a report on the implementation status of former Attorney General Gonzales’s 22 Measures to Improve the Immigration Courts and the Board of Immigration Appeals.
CA6 Reverses Adverse Credibility Finding for Relying on AO’s Assessment
The court held that the substantial evidence did not support the BIA’s adverse credibility finding because it was based on an Asylum Officer’s (AO’s) Assessment to Refer which lacked standard indicia of reliability. (Koulibaly v. Mukasey, 9/4/08)
BIA Finds Spouse of Cuban LPR Eligible for Relief
In an unpublished decision, the BIA held that as the spouse of an LPR who adjusted under the Cuban Adjustment Act, the respondent was eligible to adjust. Courtesy of Sofia Zneimer.
CA2 Finds APA Jurisdiction to Review LPR Rescission Claims
The court found that Petitioner’s complaint alleging that she was granted LPR status which was subsequently rescinded without mandatory procedures, stated two APA claims upon which relief could be granted. (Sharkey v. Quarantillo, 9/3/08)
CA11 Finds Rehabilitative Vacaturs were Effective to Remove Non-Controlled Substance Convictions in 1997
Unpublished decision. The court granted petition for review and remanded for a factual determination as to whether "omnopon" is a controlled substance. (X v. Attorney General, 9/3/08)