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 Certain Exceptions do not Apply Where Enhancement Factors Increased the Maximum Penalty of Offense
The BIA held that the exception under section 212(h) for an alien convicted of a single offense of drug possession does not apply where enhancement factors increased maximum penalty and had been proven beyond a reasonable doubt to a jury. Matter of Martinez-Zapata, 24 I&N Dec. 424 (BIA 2007)
CA9 Discusses Jurisdiction Over Nationality Claims in the Context of REAL ID
The district court lacked jurisdiction over Petitioner’s habeas challenge to his final removal order, which was filed after the REAL ID Act’s effective date, because there is still opportunity for judicial review of his nationality claim through a MTR. (Iasu v. Smith, 12/18/07)
CA3 Overturns Negative Credibility Finding in Burmese Asylum Case
The court held that the IJ failed to elaborate on her reasons for finding that Petitioner’s political activities in Japan and in Burma were not enough to meet the well-founded fear standard. (Thu v. Att’y Gen. of U.S., 12/18/07)
CA9 Rejects MTR Asylum Claim Based on Changed Conditions in Iran
The court held that because the IJ had found Petitioner’s conversion was not genuine and that apostasy would not be imputed to him, the BIA did not abuse its discretion. (Toufighi v. Mukasey, 12/13/07)
BIA Finds Simple Possession of Marijuana Not “Aggravated Felony” in Specific Situation
The BIA held that the drug offense was not an aggravated felony based on recidivist possession despite offense committed after prior conviction for drug offense finalized. Matter of Thomas, 24 I&N 416 (BIA 2007)
BIA Rules State Conviction Based on Recidivism Not Automatically an Aggravated Felony
The BIA held that absent controlling authority on “recidivist possession”, alien’s state conviction for simple possession of controlled substance won’t be considered aggravated felony. Matter of Jose Anget Carachuri-Rosendo, 24 I&N Dec. 382 (BIA 2007)
ICE DRO Field Office Contact Information
This lists the contact information for ICE detention and removal field offices.
ICE Liaison Minutes (12/12/2007)
The liaison minutes record discussions with ICE regarding such topics as: 287(g) agreements, worksite enforcement, bond, transfer of detainees, E-Verify, I-9 issues, voluntary departure, prosecutorial discretion, and other issues.
ICE Extends Comment Period on Immigration Bond Form I-352
ICE extended the comment period for Immigration Bond Form I-352. Comments are due in 60 days. (72 FR 70337, 12/11/07)
CA5 Holds NY Penal Law §165.50 is an Aggravated Felony Theft Offense
The court held that third-degree criminal possession of stolen property in violation of NY Penal Law §165.50 is an aggravated felony “theft offense” within the meaning of INA §101(a)(43)(G). (Burke v. Mukasey, 12/10/07)
CA5 Dismisses Habeas Petition Filed During Pendency of BIA Appeal
Because jurisdiction under INA §242 is limited to “final orders of removal,” the court lacked jurisdiction over Petitioner’s habeas petition which was filed while his BIA appeal was pending. (Moreira v. Mukasey, 12/10/07)
CA8 Rejects Breach of Confidentiality Claim; Finds No Asylum Disclosure
The court held that the breach of confidentiality claim failed because there was no evidence the INS disclosed any information in the asylum application to Uzbek officials when examining their birth records. (Averianova v. Mukasey, 12/10/07)
CA2 Says Abortion Not “Forced” if Officials Unaware of Pregnancy
The court upheld the BIA’s finding that an abortion is not “forced” unless the harm for the refusal to abort would amount to persecution and that because the government was not aware of the pregnancy, there was no threatened harm. (Xia v. Mukasey, 12/7/07)
CA9 Upholds Adverse Credibility Finding and BIA’s Voluntary Departure Cut
The court held that substantial evidence supported the IJ’s credibility determination due to inconsistencies. The court also upheld the BIA’s reduction in voluntary departure from 90 to 30 days finding that 90 days was statutorily impermissible. (Rivera v. Mukasey, 12/7/07)
CA9 Finds IJ Denied Petitioner His Statutory Right to Counsel
The court held that when Petitioner’s attorney failed to appear in court, the IJ did not take reasonable steps to ensure that his statutory right to counsel was honored, and the IJ’s refusal to allow a continuance prejudiced Petitioner. (Mendoza-Mazariegos v. Mukasey, 12/6/07)
CA2 Finds Asylum Applicant’s Testimony Inherently Implausible
The court held that a finding of implausibility must be based on more than bald speculation and that the IJ permissibly relied on testimony and record facts to infer that Petitioner’s story was implausible. (Yan v. Mukasey, 12/4/07)
CA8 Joins Other Circuits Holding Successive Asylum Application Requires MTR
The court, like its sister circuits, upheld that the BIA conclusion that an asylum applicant under a final order of removal must successfully reopen his case in order to pursue an untimely or successive asylum application under INA §208(a)(2)(D). (Zheng v. Mukasey, 12/4/07)
Atlanta Immigration Court to Relocate
On 12/4/07 EOIR announced that the Atlanta Immigration Court is moving to a new location. The court will be closed for several days prior to reopening at the new site.
Stakeholder/USCIS Q & As (12/4/07)
The Q & As address I-192s and fee waivers, NTAs, adjustment from U and T status, EADs for Liberians with TPS, use of previously captured biometric data, religious workers, receipting delays for N-400s, material support, translator SIV visas, asylee adjustments and other matters.
CBP Muster on Escort Procedures
A 12/3/07 CBP muster reminding CBP officers of specific procedures for escorting detainees at POEs in a safe, secure, humane, and professional manner. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Use of Attended Area and Suicide Watch Procedures
A 12/3/07 CBP muster reminding CBP officers on the use of attended areas for short term detention at a POE and suicide watch procedures. The muster offers specifics on how to handle these situations. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Control of Personal Property
A 12/3/07 CBP muster reminding CBP officers of the procedure for the control of property at POEs. The muster offers specifics on how CBP should appropriately handle personal effects. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Access to Meals, Drinking Water, and Restrooms
A 12/3/07 CBP muster reminding officers of the responsibility by CBP to ensure that aliens have an access to meals, drinking water, and restrooms. The muster offers specifics on providing these services. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Detention Logs
A 12/3/07 CBP muster reminding CBP officers of the use of detention logs at Ports of Entry. The muster lists who and what information will be listed in the log, maintenance of the log, and proper treatment of detainees. Muster obtained through FOIA 2011F03343 filed by AILA.
Immigration Law Advisor, November 2007 (Vol. 1, No. 11)
Immigration Law Advisor, an EOIR legal publication, with an article on the circuit courts’ views of administrative notice, federal court activity for October 2007, an article on CIMT categorical approach and evolving moral standards, update on recent BIA precedent decisions, and a regulatory update.