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
BIA Finds Imposition of Costs and Surcharges Constitutes a “Conviction”
The BIA held that the imposition of costs and surcharges in the criminal sentencing context constitutes a form of “punishment” or “penalty” for purposes of establishing that an alien has suffered a “conviction”. Matter of Cabrera, 24 I&N Dec. 459 (BIA 2008)
CA10 Dismisses Petition for Review Under the Fugitive Disentitlement Doctrine
The court held that the fugitive disentitlement doctrine applies and dismissed the petition for review where Petitioner failed to report to DHS for a meeting to “discuss his intentions of departing the U.S.” under an order of removal. (Martin v. Mukasey, 2/26/08)
BIA Finds Conspiracy to Distribute Marijuana Qualifies as an Aggravated Felony
The BIA held that a State misdemeanor offense of conspiracy to distribute marijuana qualifies as an aggravated felony where elements correspond to the Federal felony offense of conspiracy to distribute an indeterminate quantity of marijuana. Matter of Lamin Aruna, 24 I&N Dec. 452 (BIA 2008)
CA1 Finds Jurisdiction to Review One-Year Deadline; Denies Asylum
The court found that the asylum application was timely when the deadline fell on a Sunday and the applicant mailed her application the next day. However, it also found that she had not shown past persecution or a well-founded fear. (Jorgji v. Mukasey, 2/24/08)
CA10 Upholds Adverse Credibility Finding Due to Omissions on Asylum Form
The court found that if the torture Petitioner described actually occurred, it would defy common sense for Petitioner, who was assisted by counsel, to omit any mention of it in his application and supplemental letters. (Ismaiel v. Mukasey, 2/22/08)
CA2 Finds BIA Applied Improper Presumption of Receipt to Notice Sent by Regular Mail
The court held that the burden of proof to overcome the “slight presumption” of receipt of NTAs sent by regular mail is significantly lower than the “substantial and probative” burden in the context of certified mail. (Silva-Carvalho Lopes v. Mukasey, 2/21/08)
CA4 Remands for Determination of Whether IUD Insertion is Persecution
CA4 noted that the BIA had not issued a precedent decision addressing the forced insertion and continued usage of an IUD as constituting persecution. The court faulted the BIA for its cursory conclusion, finding that the BIA had given it nothing to review. (Lin v. Mukasey, 2/20/08)
CA2 on Ineffective Assistance of Counsel Through Paralegal
The court held that the BIA’s logic that a lawyer’s bad advice concerning a hearing date can constitute “exceptional circumstances” for purposes of reopening an in absentia order, also applies to the communication of a paralegal. (Aris v. Mukasey, 2/20/08)
CA8 Rejects W/H for Lack of Credibility; Finds Ineligibility to Adjust
The court found it lacked jurisdiction to review the timeliness of Petitioner’s asylum claim,upheld denial of withholding based on lack of credibility, and held that he was ineligible to adjust based on his VWP entry. (Zine v. Mukasey, 2/19/08)
CA9 Finds Possession with Intent to Sell Marijuana is an Aggravated Felony
The court held that a state felony conviction for possession with intent to sell a controlled substance contains a trafficking element and is therefore an aggravated felony within the meaning of INA §101(a)(43)(B). (Rendon v. Mukasey, 2/15/08)
ICE Contract Juvenile Detention Facilities
This list provides contact information as well as statistics for juvenile detention facilities contracted by ICE.
CA9 Remands Frivolousness Finding for BIA to Apply Matter of Y-L- Factors
The court remanded the BIA’s frivolous asylum application finding to allow the BIA to apply the procedural guidelines set forth in Matter of Y-L-, a precedent decision issued 5 months after the frivolousness finding in Petitioner’s case. (Kalilu v. Mukasey, 2/14/08)
CA9 Finds Late Arrival to Court is Not a Failure to Appear for In Absentia Purposes
The court held that Petitioner, who arrived two hours late for his hearing due to his car’s mechanical failure, but arrived while the immigration judge was still in the courtroom, did not fail to appear for his hearing. (Perez v. Mukasey, 2/14/08)
CA1 Upholds Adverse Credibility Finding in Cambodian Asylum Claim
While the IJ arguably overstated the number and importance of the inconsistencies, the court held that the IJ had a rational basis for the adverse credibility finding. (Teng v. Mukasey, 2/14/08)
CA4 Holds CAT Factual Findings Not Reviewable; Adjustment Unavailable
CA4 found that it lacked jurisdiction to review the CAT claim because the issue on appeal was a factual determination by the BIA. The court held that Petitioner, who entered as a refugee and previously adjusted status, was unable to adjust status again. (Saintha v. Mukasey, 2/14/08)
CA2 Adopts 30 Day Grace Period for Certain Post-REAL ID Petitions for Review
The court held that where a final order of removal was issued prior to REAL ID's enactment, a petition for review will be considered timely filed if filed within 30 days of May 11, 2005. (Ruiz-Martinez v. Mukasey, 2/14/08)
AILA Urges DHS to Ensure Due Process During Raids
The American Immigration Lawyers Association urges the Department of Homeland Security to ensure due process during raids, and that detainees and individuals encountered during raids are treated humanely.
ICE Issues Detention Standards Complaint Procedures
ICE released the following detention standards complaint procedures which detail how individuals can file complaints where ICE detention facilities are not complying with detention standards.
DHS Secretary Testimony on the FY2009 Budget Request
Testimony of DHS Secretary Chertoff on “The President’s FY2009 Budget Request for the Department of Homeland Security” before the House Committee on Homeland Security.
BIA Says Burden Shifts to DHS After Asylum Applicant Establishes Past Persecution
The BIA held that, once an asylum applicant has established past persecution, the burden shifts to DHS to prove country conditions have changed, or the applicant could avoid future persecution by relocating, and it would be reasonable to do so. Matter of D-I-M-, 24 I&N Dec. 448 (BIA 2008)
ICE Raids Micro Solutions Enterprises in Van Nuys, California
On 2/8/08, ICE announced the arrest of 130 foreign nationals during a worksite enforcement operation at Micro Solutions Enterprises in Van Nuys, California on 2/7/08.
ICE Raids Universal Industrial Sales, Inc. in Utah
On 2/8/08, ICE announced the arrest of 57 foreign nationals during a worksite enforcement operation at Universal Industrial Sales, Inc. in Lindon, Utah on 2/7/08.
CA5 Says District Court Has Jurisdiction to Review I-130 Denials
The court held that a decision regarding the validity of a marriage for purposes of an I-130 visa petition is not discretionary within the meaning of INA §242(a)(2)(B), and is therefore, subject to judicial review. (Ayanbadejo v. Chertoff, 2/8/08)
CA1 Finds BIA Did Not Conduct Improper Factfinding in Asylum Case
The court held that the IJ resolved the issue of past persecution and that the BIA did not impugn the IJ’s factual finding, but simply explained why it was supportable. (Rotinsulu v. Mukasey, 2/8/08)
Scialabba Memo on Authority to Grant Asylum in Expedited Removal Process
Memo from Lori Scialabba, Associate Director, Refugee, Asylum, and Int'l Operations Directorate, USCIS, in response to the U.S. Commission on International Religious Freedom’s recommendation that asylum officers be given the authority to grant asylum at the time of the credible fear interview.