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
AAO Finds that Favorable Factors Acquired after Removal Proceedings Begin Carry Less Weight
AAO dismisses appeal of a denied I-212 waiver application for an applicant seeking relief under INA §212(a)(9)(a)(iii). Finds that the applicant’s spouse, son and approved I-130 are “after-acquired equities” that are accorded less weight in the exercise of discretion.
Testimony from AILA During House Hearing on Immigration Raids
Testimony of AILA First Vice President David Leopold during the 7/24/08 House Immigration Subcommittee hearing on recent immigration work place raids.
CA2 Finds BIA Erred in Changed Country Conditions Analysis
The court found that the inference that Petitioner no longer had a well-founded fear was based entirely on a report that detailed general improvements in the Congo, but conflict persisted in Petitioner’s hometown. (Passi v. Mukasey, 7/23/08)
IJ Grants CAT Relief to Rape Victim from Vietnam
IJ grants CAT relief to an LPR convicted of an aggravated felony, based on grounds that the foreign national would be in danger of being subjected to torture if she were returned to Vietnam as she was a victim of repeated rape. Courtesy of John Ovink.
CA2 Remands for Clarification on Notice to Minors
The court remanded to the BIA to provide clarification of the statutory and regulatory framework regarding serving notice to minors, particularly those released to a responsible adult under 8 CFR §236.3(a). (Llanos-Fernandez v. Mukasey, 7/22/08)
EOIR Updates Sections 1.3(c) and App. B of Immigration Court Practice Manual
On 7/22/08 EOIR made available updates to Sections 1.3(c) and Appendix B of the Immigration Court Practice Manual. Pages of the manual have been updated to provide specific URLs and e-mail addresses, rather than generally directing the reader to the EOIR website. Thanks to EOIR for the improvements.
ICE Arrests 43 at Waipahu, Hawaii Apartment Complex
On 7/21/08, ICE announced that it executed nine federal search warrants and arrested 43 foreign nationals in a raid on a Waipahu apartment complex. The men were employed by The Farms, an agricultural business.
District Court Approves Settlement Agreement in Santillan, et al. v. Mukasey, et al.
On 7/21/08, a federal district court judge approved the settlement agreement in Santillan, et al. v. Mukasey, et al. The case concerned individuals who had been granted LPR status by EOIR, and to whom USCIS had not issued evidence of registration as a LPR.
CA2 Finds Credibility Precedent Abrogated by REAL ID Act
The court found that its prior holding in Secaida-Rosales, that an IJ may not base credibility on collateral inconsistencies and omissions, was abrogated by the REAL ID Act and that an IJ may rely on any inconsistency or omission. (Lin v. Mukasey, 7/21/08)
EOIR Legal Orientation Program and Pro Bono Project Fact Sheet
On 7/18/08 EOIR released a Fact Sheet on its Legal Orientation and Pro Bono Programs, which also highlights an unaccompanied minors initiative and a model hearing program.
EOIR to Require A Numbers
On 7/21/08 EOIR announced that effective 7/21/08 documents filed with EOIR's immigration courts and the BIA should indicate A numbers.
CA10 Finds Mayan Poverty/Discrimination in Guatemala Not Basis for Asylum
The court upheld the IJ’s denial of two asylum claims finding that the economic disadvantages shown were not so severe as to threaten life or freedom. (Vicente-Elias v. Mukasey, 7/11/08)
ICE Information Collection on Interoperability of IDENT/IAFIS with Local Jail Fingerprinting Systems
DHS emergency information collection on the interoperability of IDENT/IAFIS. ICE to use an online survey to collect information on fingerprint procedures and technological capabilities of state and local jails, as well as basic jail booking statistics. (73 FR 39978, 7/11/08)
USCIS Referral Document Regarding Issuance of NTAs to Asylum Applicants
USCIS has released a referral document which explains the process for issuance of Notice to Appear (NTA) documents to asylum applicants. The document breaks down the process that the Asylum Office is required to take when submitting a decision to an asylum applicant.
CA2 Finds Jurisdiction to Review “Particularly Serious Crime” Determination
The court found jurisdiction to review whether Petitioner was convicted of a “particularly serious crime” for purposes of asylum and withholding because the determination is not within the discretion of the Attorney General. (Nethagani v. Mukasey, 7/9/08)
CA2 Upholds Validity of Reinstatement Regulation at 8 CFR §241.8
The court held that 8 CFR §241.8, which allows an immigration officer to reinstate a prior order of removal, is a valid interpretation of the reinstatement provision at INA §241(a)(5). (Garcia-Villeda v. Mukasey, 7/8/08)
CA7 Finds Changed Conditions in Chinese One-Child Asylum Claim`
The court held that Petitioner met her burden of showing changed conditions in the Fujian Province regarding the one-child policy and was entitled to have her removal proceeding reopened. (Lin v. Mukasey, 7/8/08)
CA9 Holds Voluntary Return Trips Home Support Adverse Credibility Finding
Noting that an asylum applicant’s history of returning to his home country militates against a finding of past persecution or a well-founded fear, CA9 found that Petitioner’s two voluntary returns to Indonesia supported the IJ’s adverse credibility finding. (Loho v. Mukasey, 7/8/08)
CA3 Finds IJ Abused Discretion in Refusing to Grant Continuance
The court held that the IJ abused his discretion in relying on case completion goals in refusing to grant a continuance to Petitioner, the beneficiary of a pending marriage-based I-130 petition. (Hashmi v. Att’y Gen. of the U.S., 7/7/08)
CA7 Finds It Lacks Jurisdiction to Review a MTR Based on Changed Conditions
The court found that, because discretionary decisions now may be reviewed when they entail constitutional claims or questions of law, there is nothing incongruous about the consolidation rule in INA §242(b)(6). (Kucana v. Mukasey, 7/7/08)
NILC Advisory on Protections for Salvadorans Following a Worksite Raid
The National Immigration Law Center (NILC) released an advisory on protections available to detained Salvadorans following a worksite raid.
CA8 Upholds Denial of Asylum for Christian Palestinian Family
The court found that Petitioners’ difficulties in the Palestinian territory were part of a general state of unrest and did not qualify as persecution.(Al Yatim v. Mukasey, 7/3/08)
Complaints Filed Against Supervisors at Agriprocessors Following Postville Raid
These documents are copies of complaints filed against two supervisors at the Agriprocessors plant in Postville, Iowa following the raid on 5/12/08. The defendants were arrested on various criminal immigration and fraudulent identity charges.
AILA Position Paper: Alternatives to Detention
AILA’s Position Paper in support of creating community-based alternatives to detention programs that allow individuals, including vulnerable populations, to be released from detention.
CA7 Remands Video Conference Asylum Hearing for Review of Key Evidence
The court found that the use of video conferencing for immigration hearings facially comported with due process. The court held, however, that Petitioner was entitled to a new hearing because she was not able to review key evidence. (Raphael v. Mukasey, 7/2/08)