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
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)
EOIR Releases Docketing Manual
EOIR released its Docketing Manual, which was revised in July of 2008.
CA10 Finds BIA Failed to Properly Apply the “Clearly Erroneous” Standard
The court noted that under 8 CFR §1003.1(d)(3)(i), the BIA is required to review the IJ’s factual findings only for clear error. The court held that the BIA’s rigorous review of the IJ’s credibility determination exceeded the bounds of clear error review. (Kabba v. Mukasey, 7/1/08)
Immigration Law Advisor, June 2008 (Vol. 2, No. 6)
Immigration Law Advisor with an article on increased ICE enforcement of immigration laws and its impact on immigration proceedings and suppression efforts, federal court activity for May 2008, an article on the October 2007 term of the Supreme Court, BIA precedent decisions, and a regulatory update.
US District Court Rules in Favor of Kentucky Landlord
On 06/27/08, William Jerry Hadden, a Kentucky landlord who faced 62 charges in US District Court of renting apartments without verifying the immigration status of the future tenants, was found not guilty on all charges.
CA9 Rejects Adverse Credibility Finding in Iraqi Chaldean Asylum Case
CA9 rejected the bases for the negative credibility determination: unlikelihood of withstanding the pressure of the Ba’ath party, failure to mention her rape in her asylum application, and failure to explain the consequences of her leg infection. (Mousa v. Mukasey, 6/27/08)
CA6 Rejects Finding That Two State Misdemeanor Drug Convictions Constitute an Aggravated Felony
The court held that under the hypothetical federal-felony approach, two state misdemeanor drug possession convictions cannot combine to constitute an aggravated felony recidivist offense where the second conviction makes no reference to the first. (Rashid v. Mukasey, 6/26/08)
CA9 Reverses Adverse Credibility Finding and IJ’s Exclusion of Witnesses
The court held that substantial evidence did not support the adverse credibility finding because the components of that determination were neither substantial nor did they go to the heart of Petitioner’s asylum claim. (Morgan v. Mukasey, 6/25/08)
IJ Grants Exception for One-Year Filing Deadline for Asylee
The IJ found exceptional circumstances existed and granted asylum to an Indonesian Christian ministor, despite the applicant’s failure to file within one year. Courtesy of Sun Jin Jung.
EOIR Updates Section 4.15(j) of Immigration Court Practice Manual
EOIR updated section 4.15(j) of the Immigration Court Practice Manual on 6/20/08.
CA1 Discusses Burden of Proving Misdemeanor Conduct Under the CSA
The court found that Petitioner failed to meet his burden of showing that the conduct underlying his conviction would merit misdemeanor treatment under the Controlled Substances Act, and is therefore, not an aggravated felony. (Julce v. Mukasey, 6/20/08)
EOIR Proposed Rule Amending Administrative Review Procedures of BIA
EOIR proposed a rule to amend the BIA's administrative review procedures regarding the issuance of an affirmance without opinion, referral for panel review, and publication of decisions as precedents. Comments are due 8/18/08. (73 FR 34654, 6/18/08)
CA2 Remands CAT Claim Due to IJ’s Remarks about Homosexuality
The court found that the IJ’s comments were disrespectful to Petitioner and reflected an impermissible reliance on preconceived notions about homosexuality. (Ali v. Mukasey, 6/18/08)
CA7 Questions Reasonableness of Internal Relocation in Afghanistan
CA7 found that substantial evidence did not support the IJ’s determination that an asylum seeker could reasonably relocate within Afghanistan to avoid future harm. The court noted no one explained how it would be possible for Petitioner to safely relocate. (Oryakhil v. Mukasey, 6/17/08)
EOIR Pasierb Memo on Processing of Defective Immigration Court Filings
A 6/17/08 Memo from Mark Pasierb, Chief Clerk of the Immigration Court, addresses the processing of defective filings at the immigration courts beginning 7/1/08.
EOIR Final Rule on Expansion of BIA and Temporary Board Members
EOIR issued a final rule amending regulations to add four Board member positions, expanding the Board to 15 members, and expanding the list of people eligible to serve as temporary Board members, effective immediately. (73 FR 33875, 6/16/08)
EOIR Updates Section 5.10(c) of Immigration Court Practice Manual
EOIR amended Section 5.10(c) of the Immigration Court Practice Manual, having to do with a change of venue.
Supreme Court Holds that Those Granted Voluntary Departure Can Seek Reopening; Rejects Automatic Tolling
The Court held that voluntary departure (VD) recipients must be permitted to unilaterally withdraw a VD request before the expiration of the VD period, rejecting the argument that the VD period automatically tolls when a motion to reopen is filed. (Dada v. Mukasey, 6/16/08)
CA9 Upholds Denial of Asylum for Failure to Meet 1-Year Deadline Exception
CA9 found jurisdiction to review the denial of asylum based on the one-year deadline under the REAL ID Act, but held that where there was no explanation for the delay in filing, a 364-day wait after his lawful status expired was not a reasonable period. (Husyev v. Mukasey, 6/16/08)
CA4 Finds INA §242(f)(2) Provides Controlling Standard for Motions to Stay Removal
CA4 held that INA §242(f)(2) governs the standard for reviewing motions to stay removal. In order to grant a stay, the court must find by clear and convincing evidence that execution of the removal order is prohibited as a matter of law. (Teshome-Gebreegziabher v. Mukasey, 6/16/08).
BIA Affirms Removal of Former SS Officer
The BIA affirmed an order to remove a man who became a citizen in 1964, because of his participation in Nazi-sponsored crimes of persecution.
Immigration Court Practice Manual Will Be Effective 7/1/08
On 6/16/08, EOIR announced that the Immigration Court Practice Manual will be effective on 7/1/08.
CA2 Remands Adverse Credibility Finding In Falun Gong Case
The court remanded the case in light of its recent decisions indicating that certain inquiries or findings are necessary before the agency can hold that vague or unauthenticated evidence is not credible. (Li v. Mukasey, 6/13/08)
BIA Finds Error in Credibility Standard, Remands Allowing for New Evidence in Asylum Claim
The BIA held that the IJ erred in applying the Real ID Act to a case where respondent filed asylum application based on membership in a social group defined by a disability, in this case, deaf and mute children, prior to the effective date of the Act. Courtesy of Geoffrey Hoffman.
BIA Finds Lack of Due Process in Address Error Made in Mailing of NTA
In an unpublished decision, the BIA held that because the NTA was mailed to the wrong address, the appeal was reopened sua sponte. Due process was only satisfied if the method of notice was conducted in a way reasonably calculated to ensure that NTA reached the alien. Courtesy of Christopher Helt.