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
CA9 Addresses One-Year Asylum Bar Post-REAL ID
The court lacked jurisdiction over whether the IJ erroneously found that Petitioner failed to demonstrate “changed circumstances,” which would excuse her untimely asylum application, because the alleged IJ error did not raise a legal issue. (Ramadan v. Gonzales, 11/2/05)
CA2 Addresses REAL ID Act Jurisdiction Issues
The court concluded that habeas petitions pending in circuit courts on 5/11/05 should be treated as petitions for review and suggested that Suspension Clause problems might arise if direct review was not an adequate substitute for habeas. (Gittens v. Menifee, 11/2/05)
CA8 Upholds Asylum Denial Based on Lack of Credibility, Lack of Nexus & Criminal Conviction
The Court held that inconsistencies went to the heart of Petitioner’s asylum claim, and held that he failed to establish persecution on account of a protected ground. (Sheikh v. Gonzales, 11/2/05)
CA1 Affirms Ineligibility for §212(c)
The court found that the retroactive application of IIRIRA’s expanded aggravated felony definition did not violate due process, and upheld the IJ’s denial of §212(c) relief based on the comparable grounds rule. (Sena v. Gonzales, 11/2/05)
Secretary Chertoff Announces Enforcement Measures
DHS Secretary Michael Chertoff announces "Secure Border Initiative" as the enforcement complement to a temporary worker program.
CA9 Says Finding of Inadmissibility for Alien Smuggling Requires an Affirmative Act of Assistance
The court held that a finding of inadmissibility for alien smuggling under §212(a)(6)(E)(i) requires some form of affirmative assistance to the illegally entering alien. Knowledge alone is not enough. (Altamirano v. Gonzales, 10/31/05)
DHS Statistical Report for FY2005
The DHS’s Office of Immigration Statistics has released its immigration monthly statistical report for FY2005, covering topics such as inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, and asylum.
CA1 Finds Changed Country Conditions in Guatemala
The court found no error in the IJ’s heavy reliance on a DOS country report to support his finding that conditions had changed in Guatemala, making the applicant ineligble for asylum. (Palma-Mazariegos v. Gonzales, 10/28/05)
BIA Finds IJ Lacks Jurisdiction to Apply 204(j)
The BIA held that immigration judges have no authority to determine whether the validity of an alien’s approved I-140 petition is preserved under INA 204(j) after the alien’s change in jobs or employers. (Matter of Perez-Vargas, 10/28/05)
CA1 Upholds Adverse Credibility in Indonesian Asylum Claim
In an Indonesian Christian asylum case, the court upheld the IJ’s adverse credibility finding and found that due to changed conditions and the fact his family remained unharmed, Petitioner did not have a well-founded fear. (Nikijuluw v. Gonzales, 10/26/05)
CA7 Remands AWO Decision Back to BIA for Clarification
CA7 remanded because a lack of explanation prevented the court from knowing with certainty the basis of the BIA’s decision, the court was prevented from ascertaining whether it was based on reviewable grounds.(Cuellar Lopez v. Gonzales, 10/26/05)
CA1 on “Recurring Problem” of Incomplete Transcripts in BIA Review
The court held that a successful due process claim based on an inaccurate or incomplete transcript requires the claimant to show a “specific prejudice to his ability to perfect an appeal.” (Kheireddine v. Gonzales, 10/25/05)
Senator Hagel Reintroduces Comprehensive Immigration Reform Legislation
AILA’s summary of Sen. Hagel’s four-part comprehensive immigration reform package introduced on 10/25/05. Text of each bill is also included.
ICE Prosecutorial Discretion Memo
A 10/24/05 memo from William Howard, ICE Principal Legal Advisor, discussing factors to be considered prior to commencement or continuation of removal proceedings.
BIA on Continuous Residence Under 212(h)
The BIA, in a non-precedent decision, ruled that the seven years of continuous residence for purposes of a 212(h) waiver can be in any lawful status, not just permanent resident status. Courtesy of AILA member John Pratt.
DHS Announces Increased Budget
DHS announces increased appropriations for enforcement-related activities.
CA10 Says §245(i) Trumps §212(a)(9)(C)(I)
The court held that Congress, in enacting the LIFE Act, intended people to adjust status under INA §245(i) even if they are subject to the permanent bar. (Padilla-Caldera v. Gonzales, 10/18/05)
CA2 Says Airport Interviews Must Be Viewed with Caution
In rejecting the IJ’s adverse credibility finding, the court found that airport interviews may be perceived by asylum-seekers as coercive or threatening and that the BIA must recognize that applicants may not be entirely forthcoming. (Latifi v. Gonzales, 10/17/05)
EOIR Responses to AILA's Liaison Questions (10/17/05)
Liaison issues addressed with EOIR included such topics as asylum clock issues, the new biometrics and security check process, Succar adjustments, discovery, bond appeals, video conferencing, REAL ID, selection of IJs, clerical errors, and issues relating to children.
CA10 Finds No Past Persecution and Says Internal Relocation within Indonesia is Reasonable
The Court found that two minor incidents eight years apart did not amount to past persecution. The Court also upheld the IJ’s finding that internal relocation to Christian cities or districts was possible within Indonesia. (Tulengkey v. Gonzales, 10/13/05)
CA11 Address Citizenship Issues
CA11 held that citizenship is not conferred until the oath is taken; and assuming equitable estoppel can be asserted against the INS, its failure to rule on Petitioner’s naturalization application within 120 days did not rise to the level of affirmative misconduct. (Tovar-Alvarez, 10/13/05)
CA2 Finds Adverse Credibility Fatally Undercuts CAT Claim
The court upheld the IJ’s adverse credibility finding and found that it was reasonable for the IJ to conclude that Petitioner’s lack of credibility fatally undermined her claims for asylum, withholding, and CAT. (Yang v. Gonzales, 10/11/05)
CA8 Finds Asylum Applicants Failed to Prove the Motive of their Persecutors
CA8 found Petitioners did not establish that the harm from government soldiers was “on account of” an imputed political opinion, noting that one could infer that the soldiers beat Petitioners for their refusal to cooperate in the search for an army deserter. (Gomez v. Gonzales, 10/10/05)
CA2 Asks BIA to Consider Tolling of Voluntary Departure Bar
The court remanded and directed the BIA to decide whether Congress intended to permit courts, in their equitable discretion, to grant exceptions to the 10-year bar to adjustment of status for overstaying a voluntary departure order. (Zmijewska v. Gonzales, 10/6/05)
CA11 Eleventh Circuit Finds No Jurisdiction to Review Whether Petitioner Met an Exception to the One Year Asylum Deadline
Agreeing with CA7’s decision in Vasile v. Ashcroft, the court found the timeliness of an asylum application is not a legal or constitutional question which new INA §242(a)(2)(D) authorizes it to review. (Botero v. U.S. Attorney General, 10/6/05)