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
Text of “Secure and Safe Detention and Asylum Act”
On 6/11/08, a bipartisan group of Senators introduced legislation to ensure humane treatment for asylum seekers and other detained immigrants. The “Secure and Safe Detention and Asylum Act” (S. 3114), is sponsored by Senators Lieberman (ID-CT), Brownback (R-KS), Kennedy (D-MA), and Hagel (R-NE).
CA2 Criticizes Matter of A-T-; Remands FGM Cases
The court held that the BIA erred in the application of the withholding regulations when it denied relief to three women who had experienced past FGM. The court declined to follow the reasoning and holding of A-T-. (Bah v. Mukasey, 6/11/08)
CA3 Finds “Persecution” Is Unambiguous When Applied to an Armed Camp Guard
The court concluded that Petitioner, who was an armed Nazi concentration camp guard, “personally advocated or assisted” in the persecution of others and that he was therefore ineligible for a visa under the Refugee Relief Act. (U.S. v. Geiser, 6/10/08)
CA3 Discusses the Effect of a Collateral Attack on the Finality of a Conviction
The court held that the pendency of a writ of error coram nobis collaterally attacking a conviction does not vitiate the finality of the conviction for immigration purposes unless and until the conviction is overturned. (Paredes v. Att’y Gen. of the U.S., 6/9/08)
CA3 Denies CAT Relief to Haitian for Failure to Show Specific Intent to Torture
The court concluded that CAT relief requires a showing of specific intent, that the torturer has the motive and purpose to cause pain or suffering, before it can find that an applicant will be tortured. (Pierre v. Att’y Gen. of U.S., 6/9/08)
EOIR Extends Comment Period on Fee Waiver Request Form
EOIR extended the comment period, without change, for the Fee Waiver Request form. Comments are due 7/7/08. (73 FR 32361, 6/6/08)
CA2 Remands for Finding on Persecutor’s Awareness of U.S. Activities
The court remanded Petitioner's withholding claim for the IJ to consider whether authorities were aware or were likely to become aware of Petitioner’s political activities in the U.S. (Leng v. Mukasey, 6/6/08)
Testimony before the House Subcommittee on Immigration About Detainee Medical Care
On 6/4/08 the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Committee on the Judiciary held a “Hearing on: Problems with Immigration Detainee Medical Care.”
CA5 Upholds Validity of Heightened Hardship Standard Under 8 CFR §212.7(d)
The court held that 8 CFR §212.7(d), which requires a showing of exceptional and extremely unusual hardship for §212(h) waivers involving “violent or dangerous crimes,” is a permissible construction of the statute and is not ultra vires. (Pimentel v. Mukasey, 6/4/08)
Proposed Settlement Agreement in ACLU Lawsuit to End Overcrowding at Detention Facility
DHS and the ACLU reached a proposed settlement agreement to ensure that the population at a San Diego detention facility will not again exceed capacity. (Kiniti v. Myers, 6/4/08)
CA10 Discusses Violation of Student Visa Status Under INA §214(m)(2)
The court held that Petitioner did not “terminate or abandon” her course of study when her private secondary school ceased operations and she was forced to attend a public high school. Thus, the court found Petitioner admissible for purposes of adjustment of status. (Lee v. Mukasey, 6/3/08)
CA9 Remands Frivolous Asylum Finding for BIA to Address Issues
The court remanded the case for the BIA to determine if the language of INA §208(d)(6) requires the IJ to make a final determination on the merits of the asylum application, or only requires the IJ to make a final determination that the application was frivolous. (Chen v. Mukasey, 6/3/08)
CBP Issues Memo on Hold Rooms and Short Term Custody
CBP issued a memo with guidance on its new hold rooms and short term custody policy, establishing a national policy for the short term custody of persons arrested or detained by Border Patrol Agents and detained in hold rooms at Border Patrol stations, checkpoints, and processing facilities.
CA9 Upholds Asylum Frivolousness Finding and Permanent Benefits Bar
In this decision, the court adopted the analytical framework for making frivolousness determinations in Matter of Y-L-. The court held that a remand was not necessary because all of the element of Y-L- were met. (Ahir v. Mukasey, 6/2/08)
ABA Journal Article on ICE Enforcement Tactics
A feature article in the June 2008 ABA Journal, “Illegal Aliens on ICE,” reviews challenges in the courts to ICE’s enforcement tactics.
Immigration Law Advisor, May 2008 (Vol. 2, No.5)
Immigration Law Advisor, an EOIR legal publication, with an article on continued detention review for specially dangerous individuals, federal court activity for April 2008, an article on sexual abuse and moral turpitude, AG/BIA precedent decisions, and a regulatory update.
CA3 Remands Colombian Social Group Asylum Claim
The court held that Petitioner established that she is a member of the social group of “women who have escaped involuntary servitude after being abducted and confined by the FARC” and showed a well-founded fear of persecution. (Gomez-Zuluaga v. Att’y Gen. of the U.S., 5/30/08)
CA2 Rejects Res Judicata Claim to Bar Second Removal Proceedings
The court held that res judicata did not bar new proceedings based on a robbery conviction when Petitioner's first proceedings were based on a firearms conviction because the second suit was based on a separate set of factual predicates. (Channer v. DHS, 5/30/08)
CA3 Finds Administrative Closure Does Not Re-Start Physical Presence for Suspension
The court held that the continuous physical presence clock did not begin anew upon administrative closure of Petitioner’s proceedings because such proceedings were temporarily removed from the IJ’s calendar, not terminated. (Arca-Pineda v. Att’y Gen of the U.S., 5/28/08)
CA3 Discusses “Concealing,” “Harboring,” and “Shielding” Under INA §274(a)(1)(A)(iii)
The court held that “concealing,” “harboring” and “shielding” under INA §274 encompass conduct tending to substantially facilitate an alien’s remaining in the U.S illegally. (U.S. v. Ozcelik, 5/27/08)
EOIR Issues Memo on the Board’s Standard/Scope of Review
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo on the Board’s standard/scope of review. Special thanks to Matthew Hoppock.
CA9 Holds Oregon Identity Theft is Not Categorically an Aggravated Felony Theft Offense
The court held that a conviction for identity theft in violation of Oregon law is not categorically an aggravated felony under INA §101(a)(43)(G) because the statute punishes conduct that goes beyond the scope of a generic theft offense. (Mandujano-Real v. Mukasey, 5/22/08)
CA9 Finds Jurisdiction to Review IJ’s Denial of Motion to Continue
The court held that INA §242(a)(2)(B)(ii) does not strip jurisdiction over challenges to an IJ’s denial of a continuance because that authority is not “specified under [the relevant] subchapter to be in the discretion of the Attorney General....” (Sandoval-Luna v. Mukasey, 5/22/08)
CA1 Finds Threats Can Amount to Persecution in Cambodian Withholding Claim
In a Cambodian withholding case, the court found that credible threats can amount to persecution, especially when the assailant threatened the applicant with death, in person, and with a weapon. (Sok v. Mukasey, 5/22/08)
CA1 Upholds Denial of Asylum Based on Lack of Past Persecution and Nexus
The court found that the BIA’s emphasis on the lack of physical harm was appropriate, and that it was significant that the threats were not connected to a protected ground. (Restrepo Ruiz v. Mukasey, 5/21/08)