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
CA7 Vacates Removal Order Against AOS Eligible Alien
Criticizing the government’s handling of such cases, CA7 vacated an order of removal against a noncitizen who complied with all the requirements for an adjustment application and was merely awaiting the adjudication of his U.S. citizen wife’s visa petition. (Benslimane v. Gonzales, 11/30/05)
AILA Practice Alert: I-90 Interviews
Tip from the field on important developments in the I-90 interview.
White House Outlines Proposal for Immigration Reform
Release from the White House outlining President Bush's three-part plan regarding comprehensive immigration reform.
President's Remarks on Immigration Reform
Transcript of President's 11/28/05 remarks regarding immigration reform.
DHS Requests Comments on I-212 Information Collection Request
DHS extends comment period on information collection request regarding Form I-212, Application for Permission to Reapply for Admission Into the U.S. After Deportation or Removal. Comments due 12/28/05. (70 FR 71328, 11/28/05)
CA3 Finds IJ’s Adverse Credibility Determination Was Erroneous
The court found that even though it must afford substantial deference to the IJ's adverse credibility finding, the contradiction between the doctor’s note and the petitioner’s testimony was created by the IJ’s own strained interpretation of the note. (Butt v. Gonzales, 11/23/05)
CA10 Affirms VAWA Cancellation Denial
The court held it lacked jurisdiction under INA §242(a)(2)(B) to review Petitioner’s claims that the BIA erred in finding she failed to establish “extreme cruelty.” (Perales-Cumpean v. Gonzales, 11/25/05)
CA9 Says Voluntary Departure Period Is Automatically Tolled If MTR is Filed Before Period Has Expired
The court held that a motion to reconsider filed before the expiration of the voluntary departure period automatically tolls the voluntary departure period while the BIA adjudicates the motion. (Barroso v. Gonzales, 11/18/05)
CA9 Addresses Prevailing Party Status for EAJA Purposes
The court held that a district court order attesting to a voluntary stipulation to stay deportation pending the BIA’s adjudication of a motion to reopen conveyed “prevailing party” status under EAJA because it awarded a substantial portion of the relief sought. (Carbonell v. INS, 11/18/05).
BIA Recognizes Trial Court Modification of Criminal Sentence for Immigration Purposes
The BIA held that a trial court’s decision to modify or reduce a criminal sentence nunc pro tunc is entitled to full faith and credit by IJs and the BIA and is valid for immigration purposes without regard to the reason for the modification or reduction. (Matter of Cota, 11/18/05)
Text of the Border Security and Terrorism Prevention Act of 2005 (H.R. 4312)
Text of the Border Security and Terrorism Prevention Act of 2005 (H.R. 4312), as introduced by Rep. Peter King (R-NY). The House Committee on Homeland Security amended and passed this enforcement-only bill by a voice vote on 11/17/05.
DHS Announces DOJ Motion That Would Allow Expedited Removal to be Applied to Salvadorans
DHS announces DOJ decision to file a motion to end the 1980's Orantes injuction which, if successful, will allow DHS to apply Expedited Removal to Salvadorans.
CA7 Criticizes DHS and DOJ, But Says Being a “Material Witness” is Not a Basis for Asylum
The Court criticized DHS and DOJ for not giving systematic guidance on credibility issues to IJs and the BIA, but ultimately denied Petitioner’s claim, stating that being a material witness was not a basis for asylum. (Djouma v. Gonzales, 11/15/05)
CA5 Finds Clock Stopping Provision May Not Be Applied Retroactively
The court found that the stop-time rule did not apply retroactively to Petitioner’s 1989 theft conviction, a crime of moral turpitude, to end the accrual of continuous physical presence for purposes of relief under former §212(c). (Gonzalez-Garcia v. Gonzales, 11/15/05)
CA5 Declines to Raise Venue Issue Sua Sponte
While noting that venue was not proper under INA §242(b)(2) because the immigration proceedings occurred outside the 5th Circuit, the court held that it would be unfair to force the parties to relitigate in a new forum. (Jama v. Gonzales, 11/15/05)
CA5 Finds Clock Stopping Provision May Not Be Applied Retroactively
The court found that the stop-time rule did not apply retroactively to Petitioner’s 1989 theft conviction, a crime of moral turpitude, to end the accrual of continuous physical presence for purposes of relief under former §212(c). (Gonzalez-Garcia v. Gonzales, 11/15/05)
CA2 Addresses “Materiality” of Misrepresentation
The court held that a misrepresentation is material if it “has a natural tendency to influence or was capable of influencing” the ageny’s decision. (Monter v. Gonzales, 11/14/05)
CA2 Says IJ Relied on “Impoverished View” of Political Opinion
The court found that the IJ erred in holding that opposition to government extortion cannot serve as a basis for an asylum claim based on political opinion. (Zhang v. Gonzales, 11/13/05)
CA8 Holds IJ Offered Specific Cogent Reasons for Adverse Credibility Finding
The Court found that a fraudulent memorandum significantly undermined Petitioner’s credibility; no forensic examination of his passport was required; the IJ did not err in requiring corroboration; and the Petitioner failed to demonstrate CAT eligibility. (Bropleh v. Gonzales, 11/10/05)
BIA Says Termination of LPR's Refugee Status Not Required to Initiate Removal Proceedings
The BIA held that removal proceedings may be commenced against an alien who was admitted to the U.S. as a refugee under section 207 without prior termination of the alien’s refugee status. (Matter of Smriko, 11/10/05)
CA9 Overturns Negative Credibility Determination of Chinese Christian
The Court found that minor discrepancies were insufficient to support an adverse credibility finding, and that the record compelled a finding of past persecution and a well-founded fear of future persecution on account of Petitioner’s Christian religion. (Quan v. Gonzales, 11/7/05)
CA2 Finds Significant Errors in IJ's Denial of Asylum
The court held that the IJ relied on speculation, failed to consider all of the significant evidence, and placed undue reliance on the fact that the Petitioner’s documents were not authenticated. (Lin v. Gonzales, 11/4/05)
CA6 Finds “Indiscriminate Abuse” against Demonstrators Does Not Amount to Persecution
The Court found the injuries Petitioner suffered at demonstrations were the result of civil unrest between political factions, not political persecution. The Court also held she did not have a well-founded fear. (Skirko v. Gonzales, 11/4/05)
DHS Final Rule Amends Lists of Officials Authorized to Perform Enforcement Functions
DHS final rule amends various lists of DHS officials authorized to perform certain immigration enforcement functions, including making administrative arrests for immigration violations, making custody determinations and more. (70 FR 67087, 11/4/05)
CA9 Awards EAJA Fees
The Court determined that Petitioner was entitled to recover fees under EAJA, but declined to adopt a per se rule that immigration law is a specialty area warranting enhanced hourly rates. (Thangaraja v. Gonzales, 11/3/05)