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
CA2 Affirms BIA’s Decision in Matter of Vargas
The court held that first degree manslaughter in violation of New York Penal Code §§125.20(1) or (2) is a crime of violence under 18 USC §18(b) and is therefore, an aggravated felony under INA §101(a)(43)(F). (Vargas-Sarmiento v. Gonzales, 5/8/06)
CA2 Finds Jurisdiction to Review VWP Asylum Claim
The court found jurisdiction to review the denial of Petitioner’s asylum claim even though her visa waiver case did not occur in a removal proceeding because the denial of her claim was the functional equivalent of a removal order. (Kanacevic v. INS, 5/5/06)
CA2 Rejects BIA’s Finding of Changed Circumstances in Mauritania
The court found that the BIA relied on an outdated DOS report, accepted the report’s general statements, did not make an individualized assessment of Petitioner’s situation, and failed to consider evidence contradicting the report. (Tambadou v. Gonzales, 5/3/06)
CA2 Says Presumption Arising from I-589 Signature Is Rebuttable
The court held that when challenging the accuracy of an asylum application signed under penalty of perjury, the IJ must evaluate the petitioner's explanations and determine whether the presumption under 8 CFR §208.3(c)(2) has been rebutted. (Pang v. BCIS, 5/3/06)
CA3 Finds BIA Mischaracterized Evidence and Remands Asylum Claim
The court found that the BIA mischaracterized the nature and degree of the threats faced by Petitioner and held that he established a well-founded fear in Guatemala. (Chavarria v. Gonzales, 5/3/06)
USCIS Memo on Disclosing Petitioners' Criminal Histories to Beneficiaries
A 5/3/06 memo from Robert Divine, USCIS Acting Deputy Director, addressing the concerns involved in disclosing certain information relating to petitioners' criminal histories to potential beneficiaries.
CA2 Upholds Adverse Credibility in Chinese Forced Abortion Case
The court upheld the adverse credibility finding where the material inconsistencies between Petitioner’s application and testimony were so self-evident, the IJ/BIA did not have to give Petitioner an opportunity to respond. (Ye v. Gonzales, 5/2/06)
CA8 Holds No INA §242(e)(2) Habeas Review of Reinstated Expedited Removal Order
The court held that the habeas corpus review of expedited removal orders provided by INA §242(e)(2) is not available when an expedited order is reinstated because INA §241(a)(5) bars review of the underlying order of removal. (Ochoa-Carillo v. Gonzales, 5/1/06)
CA7 Holds No Jurisdiction to Review Denial of Motion to Reopen
The court held, for purposes of INA §242(a)(2)(D), the IJ’s application of the continuous physical presence standard to the facts was not a “question of law” and no due process claim existed because extreme hardship is a discretionary element. (Cevilla v. Gonzales, 5/1/06)
Attorney General Disapproves CAT Relief for Mentally Ill Respondent
The AG found that the mentally ill pre se respondent did not show eligibility for CAT as evidence did not establish that each step in the hypothetical chain of events leading to torture is more likely than not to happen. Matter of J-F-F-, 23 I&N 912 (AG 2006)
CA3 Overturns IJ’s Credibility Finding in Scathing Opinion
The court found that substantial evidence did not support the IJ’s conclusion that Petitioner’s father was alive noting that the IJ relied on death certificates that he had excluded from evidence and that he failed to address newspaper articles regarding the death. (Shah v. Gonzales, 4/28/06)
Stories of ICE Sweeps--True or Not? (Revised 4/27/06)
Reports of new enforcement activity against employers and alleged undocumented workers, including sweeps, raids and other activity may be rumor.
DHS Unveils New Interior Enforcement Strategy
ICE news release outlines the department's new strategy to expand interior enforcement efforts. The new enforcement plan, which is the second phase of DHS's Secure Border Initiative, will target employers of undocumented aliens, immigration violators inside this country, and criminal networks.
USCIS Seeks Comments on Application for Asylum and Withholding of Removal (Form I-589)
USCIS seeks comments on Form I-589, Application for Asylum and Withholding of Removal. This is a revision of a currently approved information collection. Comments due by 6/20/06 (71 FR 20711, 4/21/06)
CA2 Finds No Abuse of Discretion in Denial of CAT Claim
The court found jurisdiction to review the denial of a continuance, upheld the IJ’s adverse credibility determination as supported by substantial evidence, and held that the BIA did not abuse its discretion in refusing to remand. (Sanusi v.Gonzales, 4/18/06)
CA7 Rules Habeas Challenges to Detention Must Name Warden As Custodian-Respondent
The court rejected Petitioner’s contention that the Attorney General, DHS Secretary, and/or ICE Field Officer Director were appropriate custodians-respondents to a habeas petition challenging present physical confinement. (Kholyavskiy v. Achim, 4/17/06)
Supreme Court Reverses Ninth Circuit Asylum Decision, Gonzales v. Thomas
The Court remanded the Ninth Circuit’s decision holding that a family may constitute a social group for asylum purposes. The Court found that because the BIA did not express an opinion on the issue, the court should have applied “the ordinary remand rule.” (Gonzales v. Thomas, 4/17/06)
CA1 Lacks Jurisdiction to Review Asylum One-Year Deadline
The court held that under the REAL ID Act, discretionary and factual determinations continue to fall outside its jurisdiction and that therefore, it lacked jurisdiction to review the determination that an asylum application was untimely. (Hayek v. Gonzales, 4/14/06)
DHS OIG Assessment of ICE’s Detention and Removal of Illegal Aliens
This April 2006 report assesses DHS’ Immigration and Customs Enforcement program for detaining and removing illegal aliens apprehended in the U.S. and at ports of entry.
Asylum Officer Basic Training Credible Fear Lesson Plan
The Asylum Office released a revised Asylum Officer Basic Training Lesson Plan on credible fear determinations dated April 14, 2006.
CA2 Rejects Adverse Credibility in Chinese Asylum Case
The court held that the IJ mischaracterized Petitioner’s testimony, improperly discredited documents, failed to apply the proper test for corroboration, and improperly speculated about Petitioner’s ability to have more children. (Lin v. Gonzales, 4/12/06)
CA10 Holds Mandatory 30-Day BIA Appeal Deadline Not Jurisdictional
The court held that the BIA cannot review a late-filed appeal if a party objects. However, if the party fails to timely object to the late filing, the objection is forfeited and the BIA can hear the appeal. (Huerta v. Gonzales, 4/11/06)
CA9 Affirms Former INS Employee’s Conviction for Document Shredding (Updated 9/21/06)
The court affirmed the conviction of a former CSC employee who, along with other CSC employees, shredded an estimated 90,000 INS documents from January to April 2002 as part of an effort to reduce the filing backlog at the CSC. (United States v. Salazar, 4/10/06)
CA3 Affirms Removability Based on Terrorist Activity of Former INLA Member
The court concluded that the criminal bar to review did not apply and affirmed the BIA’s conclusions that Petitioner was removable for engaging in terrorist activity under INA §237(a)(4)(B) and was ineligible for asylum, withholding, and deferral of removal. (McAllister v. Gonzales, 4/10/06)
CA2 Finds Changed Conditions in Pakistani Christian Case
The court held that the BIA abused its discretion in refusing to reopen based on worsening country conditions and that an applicant may prevail on future persecution despite an adverse credibility determination as to past persecution. (Paul v. Gonzales, 4/6/06)