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 Rules IJ May Look Outside Record of Conviction For Loss Determination
The BIA held that a single ground for removal may require proof of conviction tied to the statutory elements of a criminal offense, as well as proof of an additional fact or facts that are not tied to the statutory elements of any such offense. Matter of Babaisakov, 24 I&N Dec. 306 (BIA 2007)
BIA Finds FGM is “Fundamental Change in Circumstances”
The BIA held that female genital mutilation (FGM) is a harm that is inflicted only once, thus the procedure itself will normally constitute a “fundamental change in circumstances” such that asylee no longer has a well-founded fear of persecution. Matter of A-T-, 24 I&N Dec. 296 (BIA 2007)
Sign-On Letter on Revised Immigration Detention Standards
Sign-on letter from Sen. Kennedy (D-MA), Sen. Lieberman (I-CT), Rep. Lofgren (D-CA), and over 90 organizations and individuals, to Assistant Secretary of Homeland Security Julie Myers requesting an opportunity to review and discuss the new immigration detention standards with ICE officials.
CA4 Affords Chevron Deference to BIA’s Interpretation of “U.S. National”
Applying Chevron, CA4 upheld BIA’s conclusion that a noncitizen may only acquire U.S. nationality by birth or naturalization, notwithstanding U.S. v. Morin, which held that a person who owes “permanent allegiance” to the U.S. is a national. (Fernandez v. Keisler, 9/26/07)
AILA Liaison/USCIS HQ Q & As from 9/25/07 and Addenda
The Q & As address the adjustment applications filed under the July VB, N-400s, DORA, SIMS, bi-specialization and direct filing, the USCIS website, premium processing, CSPA, TPS, VAWA, religious workers, EB-5s, RFEs and NOIDS with short response times, and more.
CA3 Interprets “Actions Taken” Under IIRAIRA §321(c)
The court held that “actions taken” under IIRAIRA §321(c) refers to orders and decisions of the immigration judge or BIA, which apply the “aggravated felony” definition under INA §101(a)(43) to determine the availability of relief from removal. (Biskupski v. Att’y Gen. of the U.S., 9/25/07)
Supreme Court Grants Certiorari to Resolve Whether a Motion to Reopen Tolls Voluntary Departure
On September 25, 2007, the Supreme Court granted certiorari to resolve whether the filing of a motion to reopen removal proceedings automatically tolls the period within which a person must depart the U.S. under an order of voluntary departure. (Dada v. Keisler)
Supreme Court Grants Certiorari on Particularly Serious Crime/Aggravated Felony Issue
On 9/25/07, the Supreme Court granted cert to resolve whether an offense must be an aggravated felony to be classified as a “particularly serious crime” for purposes of the bar to withholding of removal. (Ali v. Achim)
TRAC Report on Asylum Decision Disparities
A report by the Transactional Records Access Clearinghouse (TRAC) shows large disparities in asylum decisions among the nation's immigration judges, based on information from hundreds of thousands of asylum applicants in removal proceedings that were obtained from the Immigration Court under FOIA.
ICE Fact Sheet on the Delegation of Immigration Law Enforcement Authority to State and Local Officers
ICE fact sheet on Section 287(g) of Immigration and Nationality Act, addressing the delegation of immigration law enforcement authority to state and local law enforcement agencies.
CA11 Remands CAT Claim of Haitian with AIDS who Fears Torture in Prison
The court found that the BIA erred in failing to consider Petitioner’s argument that he is entitled to CAT relief because he would be singled out for torture in Haitian prisons because of his AIDS-related mental illness. (Jean-Pierre v. U.S. Att’y Gen., 9/19/07)
CA3 Finds BIA’s Denial of MTR Asylum Claim “Irrational and Arbitrary”
The court held that the BIA acted arbitrarily in rejecting the MTR despite granting an earlier motion in an unpublished decision that was materially indistinguishable. (Shardar v. Att’y Gen. of U.S., 9/19/07)
CA9 En Banc Court Holds Accessory After the Fact is Not a Crime Involving Moral Turpitude
CA9 held that a CA conviction for accessory after the fact is not a crime involving moral turpitude because the conduct underlying the conviction does not necessarily involve baseness or depravity nor does the statute require a showing of such conduct. (Navarro-Lopez v. Gonzales, 09/19/07)
CA9 Refuses to Allow FFOA Treatment Where Pretrial Diversion Was Previously Granted
The court held that Petitioner could not be considered a “first time offender” when ,in a previous arrest for drug possession, he was granted “pretrial diversion” under a state rehabilitation scheme that did not require him to plead guilty. (Melendez v. Gonzales, 9/19/07)
CA2 Says IJ Erred in Relying on Restitution Order in Analysis of Crime
The court held that the IJ improperly relied on a restitution order in finding Petitioner’s fraud conviction was an aggravated felony but properly concluded that making false statements to acquire a firearm is a removable offense. (Dulal-Whiteway v. DHS, 9/19/07)
CA9 Discusses Aggravated Felony Fraud Provisions in the Context of Federal Tax Crimes
The court held that subscribing to a false statement on, and aiding in the preparation of, a tax return in violation of 26 USC §7206(1) and (2) are aggravated felonies, where the loss to the government exceeds $10,000. (Kawashima v. Gonzales, 9/18/07)
CA3 Finds Fabrication in Time-Barred Asylum Application Was Not “Material”
The court held that because the asylum application was time-barred, the falsehood had neither the natural tendency, nor the capability of influencing the decision of the IJ or the BIA. (Luciana v. U.S. Att’y Gen., 9/17/07)
CA1 on Due Process and the 1-Year Asylum Deadline
The court joined its sister circuits in holding that the bar to judicial review of a determination that an asylum application was not timely filed does not violate due process. (Hana v. Gonzales, 9/17/07)
CA1 Finds Fleuti Doctrine Irrelevant to Admission of Returning LPRs
The court held that the Fleuti doctrine, that permitted “innocent, brief and casual” departures for LPRs, was abrogated by IIRIRA which created the concept of “admission” and set forth new criteria for returning LPRs. (Perez de Vega v. Gonzales, 9/17/07)
CA7 Finds IJ/BIA Failed to Address Critical Evidence in W/H & CAT Claim
The court upheld the IJ’s finding that a Yemeni citizen did not suffer past persecution, but found that evidence on well-founded fear was overlooked, including testimony, DOS reports, and a letter from the Yemeni Human Rights Watch. (Binrashed v. Gonzales, 9/14/07)
CA7 Finds No Jurisdiction to Review the IJ’s Continuance Denial
The court held that it lacked jurisdiction to review the IJ’s discretionary denial of Petitioner’s continuance. The IJ’s authority over continuances is derived from INA §240(a)(1), which confers plenary authority on IJs to conduct removal proceedings. (Ali v. Gonzales, 9/14/07)
CA7 Finds BIA Erred in Relying on Airport Interview to Deny Asylum Claim
The court noted that airport interviews are not always reliable for credibility, holding that the BIA erred in finding that Petitioner’s claim became markedly more “egregious” because he failed to mention his homosexuality in his credible fear interviews. (Moab v. Gonzales, 9/13/07)
CA2 Remands to BIA to Give Effect to JRAD
The court held that a JRAD protects from removal based on charges under IIRAIRA’s expanded aggravated felony definition because Congress placed no JRAD limit on the retroactivity of the expanded definition. (Nguyen v. Chertoff, 9/13/07)
CA9 Finds Arizona Aggravated DUI a Crime Involving Moral Turpitude
A violation of Arizona Revised Statutes §28-1381(A)(1), driving under the influence aggravated by operating a vehicle without a valid license, is a crime involving moral turpitude. (Marmolejo-Campos v. Gonzales, 9/12/07)
AILA Chapter Raid Preparation Plan
Program for chapters to put in place to plan for responding to mass workplace enforcement actions by ICE and other law enforcement agencies before they happen.