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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA7 Upholds Removability for Distribution of a Look-Alike Substance Under IL Law
CA7 found sufficient connection between look-alike substances and actual controlled substances and held that a conviction for unlawful delivery of a look-alike substance in violation of Illinois law was a violation of a state law relating to a controlled substance. (Desai v. Mukasey, 3/28/08)
CA2 Remands for Reconsideration of Derivative Citizenship Claim
The court held that an inexplicable delay in processing a parent’s naturalization application should not defeat a derivative citizenship claim. (Poole v. Mukasey, 3/27/08)
CA2 Rejects Vagueness Challenge to INA Stalking Provision
The court held that INA §237(a)(2)(E)(i), which renders deportable a person who has been convicted of a crime of stalking, is not void for vagueness on its face or as applied to Petitioner. (Arriaga v. Mukasey, 3/27/08)
CA3 Finds Error in Application of National Security Bar
The court found that the AG ignored clear congressional intent by inquiring whether an applicant “may pose” a danger to the security of the U.S. instead of asking whether he “is” a danger in considering the national security bar. (Yusupov v. Att’y Gen. of U.S., 3/27/08)
CA1 Upholds Adverse Credibility Finding Under REAL ID Analysis
The court found internal inconsistencies in Petitioner’s testimony and rejected Petitioner’s contention that the contradictions were minor. (Lin v. Mukasey, 3/26/08)
BIA Finds Alternative Proof of Ghanaian Divorce To Be Valid
The BIA held that while a court order remains the preferred method of establishing a divorce for a customary tribal marriage under Ghanaian law, affidavits executed by heads of household that meet evidentiary requirements may be sufficient. Matter of Francis Kodwo, 24 I&N Dec. 479 (BIA 2008)
CA9 Finds Adjustment Unavailable to Persons Who Enter the U.S. by Fraudulent Means
The court held that Petitioner, who obtained entry into the United States by presenting an identification that was not his own to an immigration officer, was statutorily ineligible for adjustment of status under INA §245(a). (Orozco v. Mukasey, 3/25/08)
Supreme Court Finds State Law Not Pre-empted by Presidential Memo or Avena
The Supreme Court found that neither the ICJ's decision in Avena, nor a Presidential Memo, constitute directly enforceable federal law that pre-empts state limitations on the filing of successive habeas petitions. (Medellin v. Texas, 3/25/08)
Stakeholder/USCIS Q & As (3/25/08)
The Q & As address I-589 nunc pro tunc application filing procedures, material support, repeat requests for fingerprints, filing fees for adjustment applications in proceedings that are later administratively closed, Child Status Protection Act, Fee waivers, DV 90 Day filing procedures, and more.
CA9 Remands Asylum Claim where IJ Failed to Make Credibility Finding
The court held that the IJ erred by failing to make a credibility finding, noting that instances where the IJ has conflated an adverse credibility finding with an adverse decision on the merits have been appearing before the court with increasing frequency. (Huang v. Mukasey, 3/24/08)
CA3 Refuses to Impute Parent’s Continuous Residence to Minor
The court held that the BIA did not err in refusing to impute to a person who entered the U.S. as a minor, the parent’s prior years of continuous residence for purposes of cancellation of removal. (Augustin v. Att’y Gen. of the U.S., 3/20/08)
Opportunity to House an EOIR Legal Orientation Program Attorney
The Vera Institute of Justice seeks letters of intent from nonprofits that are interested in hosting an EOIR Legal Orientation Program attorney at their site. The goal is to educate detained individuals in removal proceedings so they can make more informed decisions.
CA9 Finds Possession with Intent to Sell Marijuana is an Aggravated Felony
Amendement to decision in Rendon v. Mukasey, 2/15/08. (Rendon v. Mukasey, 3/19/08)
CA8 Discusses False Claim to U.S. Citizenship as it Pertains to Form I-9
The court held that a person who marks the “citizen or national of the United States” box on Form I-9 to secure employment with a private employer has falsely represented himself for a benefit or purpose under the Act under INA §212(a)(6)(C)(ii)(I). (Rodriguez v. Mukasey, 3/19/08)
CA7 Finds IJ Erred in Rejecting Asylum Claim of Albanian Whistleblower
CA7 found it premature for the IJ to only analyze Petitioner’s activities during his military service. The court also found that it was not decisive that the corruption of which Petitioner complained did not pervade every level of the Albanian government. (Haxhiu v. Mukasey, 3/19/08)
Supreme Court Grants Certiorari to Consider Persecutor Bar to Asylum
On March 17, 2008, the Supreme Court granted certiorari to decide whether a person who was compelled, against his will, to assist or take part in persecution is barred from asylum under the persecutor bar. (Negusie v. Holder)
CA8 Finds No Jurisdiction to Review the BIA’s Refusal to Self-Certify an Untimely Appeal
The court held that the BIA’s refusal to take jurisdiction over an untimely appeal through the self-certification process was an unreviewable action committed to the agency's discretion.(Liadov v. Mukasey, 3/14/08)
CA8 Upholds BIA Denial of MTR Afghan CAT Claim Based on Changed Conditions
In addressing Petitioner’s constitutional claim that the BIA failed to consider the country reports and affidavit submitted with his motion to reopen, the court held the record did not support his claim because the BIA specifically mentioned them.(Hanan v. Mukasey, 3/14/08)
CA2 Rejects IMMACT90 and AEDPA §212(c) Retroactivity Arguments
The court rejected Petitioner’s retroactivity arguments where he admitted guilt to a felony pre-IMMACT90, but pleaded guilty post-IMMACT90 and because he was ineligible for §212(c) relief, even under pre-AEDPA law. (Singh v. Mukasey, 3/14/08)
CA2 Remands Issue of Whether Forcible IUD Insertion Constitutes Persecution
The court remanded to the BIA to articulate a consistent position on whether and under what conditions forced insertion of an IUD constitutes persecution. (Jiang v. BCIS, 3/14/08)
CA2 on Adjustment of Status Filed by Arriving Aliens
The court held that the BIA erred in denying Petitioners’ motions for lack of jurisdiction and wrongly assumed that the arriving aliens intended to pursue their adjustment applications in removal proceedings rather than before USCIS. (Ni v. BIA, 3/14/08)
Senate Passes FY2009 Budget Resolution; Considers Immigration-Related Amendments
On 3/14/08, the Senate adopted its FY2009 budget resolution after a 15-hour amendment marathon session. Among the amendments passed, tabled, and dropped were a number immigration-related amendments.
DHS OIG Releases Summary of Inquiry on Removal of Canadian Citizen to Syria
DHS’s Office of Inspector General released an unclassified summary of a report conducted at the request of the Representative John Conyers (D-MI) on the removal of a Canadian citizen to Syria.
CA7 Allows §212(h) Waiver for Possession of Drug Paraphernalia for Personal Use
The court held Petitioner, who was convicted of possessing one marijuana pipe, was convicted of an offense that “relates to a single offense of simple possession of 30 grams or less of marijuana” and is therefore, eligible for a waiver under INA §212(h). (Barraza v. Mukasey, 3/13/08)
EOIR Announces Postponement of Immigration Court Practice Manual Effective Date to July 1
A 3/13/08 news release confirms that EOIR has delayed implementation of the Immigration Court Practice Manual to 7/1/08.