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 Finds Illinois Domestic Battery is an Aggravated Felony Crime of Violence
The court held that a conviction for domestic battery, in violation of 720 ILCS 5/12-3.2(a)(1) is a crime of violence under 18 USC §16(a) and is therefore an aggravated felony as defined by INA §101(a)(43)(F). (LaGuerre v. Mukasey, 5/20/08)
AILA Commends Congressional Hearing on Devastating Impact of Workforce Raids
AILA expresses appreciation to the leadership shown by the House Workforce Protections Subcommittee for holding a hearing on the impact of immigration raids, which helped shine a long overdue light on the harsh consequences these raids visit upon American children, families, and communities.
BIA Finds Fourth Degree Assault Conviction Is Not a “Crime of Child Abuse”
The BIA held that a WA fourth degree assault conviction is not a “crime of child abuse” under INA §237(a)(2)(E)(i), and concludes that removability on the basis of "a crime of child abuse" is determined by the elements of the offense. Matter of Velasquez-Herrera, 24 I&N Dec. 503 (BIA 2008)
CA4 Holds Ineffective Assistance Not a 5th Amendment Due Process Violation
CA4 held that counsel’s ineffectiveness in a removal proceeding cannot deprive a person of his 5th Amendment right to a fair hearing, reasoning that counsel was not a state actor and there was insufficient nexus between the federal government and counsel. (Afanwi v. Mukasey, 5/19/08)
Supreme Court Opens Door to Tougher Sentences for Career Criminals
The Court held that for purposes of sentencing under the Armed Career Criminal Act, a court charged with determining whether a prior drug offense is “serious” under ACCA §924(e)(2)(A) may consider recidivist sentencing enhancements for repeat offenders. (United States v. Rodriquez, 5/19/08)
Representative Braley Seeks More Information on DOL/ICE Coordination in Postville Raid
In May, Representative Braley (D-IA) sent letters to the DOJ, DOL and DHS requesting information about a possible investigation into labor practices at Agriprocessors facility in Postville, Iowa. On 07/17/08, Braley issued a follow-up letter.
Senator Kennedy Letter to DHS Secretary Chertoff and HHS Secretary Leavitt on ICE Raids
A 5/16/08 letter from Senator Edward Kennedy (D-MA) to DHS and HHS Secretaries urging them to adopt an interagency agreement and issue guidelines to reduce impact of ICE enforcement actions on children participating in Head Start and other federally-assisted child development programs.
CA9 Finds AZ Attempted Public Sexual Indecency to a Minor is Not Categorically an Aggravated Felony
The court held that Petitioner’s conviction for attempted public sexual indecency to a minor under Arizona law did not constitute attempted sexual abuse of a minor under INA §101(a)(43)(A) and (U) under either the categorical or the modified categorical approach. (Rebilas v. Mukasey, 5/16/08)
A Compromised Judiciary
In a troubling turn of events, it appears that the Federal judiciary has become complicit in an effort to deprive employees of an Iowa meat packing plant of their basic rights. AILA calls upon the court system and DOJ and DHS to restore due process and maintain the presumption of innocence.
EOIR Announces Release of Legal Orientation Program Evaluation Report
A 5/15/08 EOIR News Release summarizes the findings of a Vera Institute of Justice report on the impact and benefits of EOIR’s Legal Orientation Program.
Sign-On Letter On Provisions of Medical Care to Immigration Detainees
A sign-on letter from 18 civil rights, religious, and advocacy organizations to DHS Secretary Michael Chertoff expressing concern over the provision of medical care to immigration detainees.
On the Hot Seat Over Detainee Medical Care, ICE Responds
Following the introduction of legislation on detainee medical care, and media exposés on substandard medical care for detainees, ICE responds.
AG Overrules BIA Holdings on Refugee Status for Spouse in Forced Abortion/Sterilization Cases
The Attorney General, in In re Matter of Jianzhong Shi, overruled two precedent, en banc BIA decisions on entitlement to per se refugee status for the spouses of individuals physically subjected to a forced abortion or sterilization procedure.
AILA Condemns ICE's Failure to Provide Basic Medical Care
AILA applauds the introduction of the Detainee Basic Medical Care Act of 2008. This bill takes an important step in addressing ICE’s outrageous failure to provide medical treatment in detention facilities which has resulted in serious harm to detainees and in some cases, even death.
BIA Reverses Adverse Credibility Finding for Battered Cancellation of Removal Applicant
The BIA held that the IJ erred in the adverse credibility determination, which was based solely on the fact that the applicant attempted to enter the U.S. by fraud, finding the respondent met the burden of establishing she was a battered spouse for purposes of special rule cancellation of removal.
ICE Correspondence Addresses Right To Presence Of Counsel
ACLU of Northern California letter to ICE and ICE response regarding right to presence of counsel at certain stages of detention.
EOIR Reminds Coercive Population Control Asylees to Report Changes of Address
A 5/12/08 EOIR news release reminds coercive population control asylees to provide change of address information to both DHS and EOIR.
DHS OIG Report on ICE Detainee Telephone Services Contract
DHS Office of Inspector General released a report on the quality of service provided by Public Communication Services, Inc., contracted to provide pro bono telephone service to detainees, in exchange for the exclusive right to sell detainees debit calling cards and to charge fees for collect calls.
Postville Raid: ICE Warrant and Affidavit
ICE submitted the following Application and Affidavit for a Search Warrant of the Postville Agriprocessors meat processing plant prior to the May 12 raid of the facility.
CA9 Discusses “Maximum Penalty Possible” Under the Petty Offense Exception
CA9 held that because the statutory maximum sentence for bribery of a public official was fifteen years, the petty offense exception did not apply despite the fact that the sentencing guideline range for the offense was zero to six months. (Mendez-Mendez v. Mukasey, 5/8/08)
CA2 Says IJ May Accept Late Filed Supporting Asylum Documents
The court held that where an asylum applicant has demonstrated good cause for failure to timely file documents and a likelihood of substantial prejudice, the IJ may depart from the deadline imposed by relevant local rules. (Dedji v. Mukasey, 5/8/08)
ICE Semiannual Report on Compliance With National Detention Standards
This report rates facilities by looking at the following issues: access to legal materials, telephone access, medical care, grievance procedures, transfer of detainees, religious practices, as well as other issues addressed in the national standards.
CA6 Finds “Personal Dispute” with UAE Prince Not Basis for Asylum
The court found substantial evidence supported the IJ’s conclusion that Petitioner was an angry investor, not a political dissident, when he confronted a United Arab Emirates Prince and called him a thief. (Zoarab v. Mukasey, 5/6/08)
CA9 Finds Record Compels Conclusion of Imputed Political Opinion Nexus
The court held that Petitioner demonstrated the facts necessary to prove an imputed political opinion claim and was thus eligible for asylum. (Silaya v. Mukasey, 5/6/08)
DHS Releases Medical Records Requests Forms
The following are the appropriate disclosure forms used for obtaining immigrant detainee medical records.