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
CA1 Denies Asylum Based on Single Incident of Harm and Changed Conditions
The court found that Petitioner failed to show past persecution or a well-founded fear based on a single incident of harm to his father, the lack of harm to family members still in Guatemala, and changed conditions. (Rodriguez-Ramirez v. Ashcroft, 2/17/05)
EOIR Posts Notice Regarding Rejection of Motions Filed on EOIR-26 Forms
The Executive Office for Immigration Review advises that, commencing 2/7/05, it will reject motions filed on EOIR-26 notice of appeal forms.
MTRs under Barahona-Gomez v. Ashcroft Due by 3/20/05
The Executive Office for Immigration Review notice advises that 3/20/05 is the deadline for eligible class members to file Motions to Reopen under Barahona-Gomez v. Ashcroft (addressing certain suspension cases barred from approval due to the 4,000 annual cap concerns).
CA5 Finds No Constitutional Interest in §212(c) Relief; Does Not Consider Statutory Interest
The court reasoned that the erroneous denial of §212(c) relief did not render the deportation proceeding unfair because there is no constitutionally protected due process right to such relief. The court did not consider whether Petitioner had a statutory right. (Nguyen v. Gonzales, 2/9/05)
CA1 Upholds Denial of Asylum for Coptic Christian from Egypt
The court upheld the IJ’s determination that Petitioner lacked a subjective fear of persecution because he returned to Egypt on three separate occasions, and failed to corroborate his claim of past persecution. (Diab v. Ashcroft, 2/8/05)
DHS Releases FY2006 Budget Request
The DHS's FY2006 budget proposal requests $1,854 billion (an increase of $79 million from FY2005), including $80 million in discretionary funding, and $1,774 billon in mandatory funding generated from fee revenues.
Refugee Protection—Upholding an American Tradition
AILA welcomes the USCIRF findings in a study mandated by Congress on asylum seekers in expedited removal. H.R. 418 goes against the Commission’s recommendations and our traditions, and ignores the reforms that have been undertaken in the asylum system.
CA6 Holds Ohio Simple Possession Conviction Not an Aggravated Felony
CA6 concluded that an Ohio conviction for simple possession of heroin was not a "drug trafficking crime" and, thus, not an "aggravated felony", because the maximum possible sentence did not exceed one year. (Chi Jing Liao v. Rabbett, 2/7/05)
CA3 Says Racial Slurs Not Proof of Ethnic Persecution
The court found that use of racial slurs by Petitioners’ attackers was not adequate proof that the attackers were motivated by ethnicity, and that two robberies did not amount to persecution because they resulted in only theft of property and minor injuries. (Lie v. Ashcroft, 2/7/05)
CA1 Affirms LPR Abandonment Finding
The court held that substantial evidence supported the IJ’s order of exclusion against Petitioner for having abandoned his permanent resident status in the U.S. in favor of residence in Canada. (Katebi v. Ashcroft, 2/3/05)
CA10 Reverses Removal Order Based on Vacated Conviction Where Basis of Vacatur Unclear
Because the record was unclear as to whether the vacatur of Petitioner’s conviction was merits-based or equity-based, the court found that INS failed to meet its burden of proving removability, and reversed the removal order. (Cruz-Garza v. Ashcroft, 2/2/05)
CA9 Orders Evidentiary Hearing on Unlawful Arrest and Forced Departure Claims
If border agents unlawfully arrested and forced petitioner to depart while proceedings were pending, he can apply for suspension of deportation and INS would be estopped from using his subsequent attempted reentry to render him removable, the court ruled. (Salgado-Diaz v. Ashcroft, 1/31/05)
CA4 Holds that Untested Khat is Not a Controlled Substance
CA4 reasoned that petitioner was not removable on the basis of controlled substance charges because khat is not listed as a controlled substance and the khat that formed the basis of the charges was not tested to determine if it contained a controlled substance. (Argaw v. Ashcroft, 1/31/05)
Notes from NGO Meeting with Border Patrol Chief (1/31/05)
Disucssions in a meeting between non-governmental organizations, including AILA, and the Office of the Chief of Border Patrol, included such topics as infrastructure proposals, MOU between ICE and CBP, and expedited removal.
EOIR Interim Rule on Background and Security Investigations
EOIR's interim rule makes significant changes affecting granting of relief in removal proceedings pending security investigations, and consequences of respondents’ failure to comply. Comments are due 4/1/05. (70 FR 4743, 1/31/05)
State Bar of Texas Meeting Minutes (1/28/05)
The 1/28/05 minutes from the last quarterly meeting of the State Bar of Texas, Committee on Laws Relating to Immigration & Nationality, address a variety of issues, including DORA, backlogs, and pro bono representation.
CA4 Refuses EAJA Fees in Criminal Habeas Actions; Distinguishes Immigration Habeas Actions
The court held that § 2241 habeas petitioners in criminal custody are not entitled to recover EAJA fees because such actions are not purely “civil actions.” The court recognized that its rationale was not applicable to habeas petitions in the immigration context. (O’Brien v. Moore, 1/27/05)
CA7 Rejects Retroactive Application of Reinstatement Provision
The court held that the Service cannot reinstate a prior order of removal pursuant to INA § 241(a)(5) against an individual who reentered the U.S. and filed an affirmative relief application before 4/1/97. (Faiz-Mohammad v. Ashcroft, 1/27/05)
The REAL ID Act of 2005: Summary and Analysis of Provisions
AILA’s summary of the REAL ID Act of 2005 (H.R. 418), together with an analysis of selected provisions. The bill, introduced by Rep. James Sensenbrenner on 1-26-05, purports to enhance security through already failed anti-immigration proposals.
Text of the REAL ID Act (H.R. 418) as Introduced by Representative Sensenbrenner (R-WI)
Text of the REAL ID Act of 2005 (H.R. 418), introduced by Rep. James Sensenbrenner (R-WI) on 1/26/05. The bill purports to enhance security through already failed anti-immigration proposals.
BIA Denies Asylum Due to U.S. National Security
The BIA denied asylum to the leader-in-exile of an Algerian political group for assisting and condoning armed acts of persecution at home and for being a "danger to the security of the United States." (Matter of A-H-, 1/26/05)
Cerda Memo on Post-Order Custody Review after Clark v. Martinez
A 1/21/05 memo from Victor Cerda, Acting Director, Office of Detention and Removal Operations, ICE, provides interim guidance on post-order custody reviews following the Supreme Court's decision in Clark v. Martinez.
Attorney General Remands Matter of R-A-
The Attorney General remanded Matter of R-A- to the BIA "for reconsideration following publication of the proposed rule" on gender-based asylum. (Matter of R-A-, 1/19/05)
CA9 Holds that Filing a Timely Motion to Reopen and Stay Request Tolls the Voluntary Departure Period
Where a person files a motion to reopen and request for a stay of removal or voluntary departure prior to the expiration of the voluntary departure period, the court held that the departure period is tolled while the BIA is adjudicating the motion. (Azarte v. Ashcroft, 1/18/05)
AG Finds Expunged Firearms Conviction Still Valid for Immigration Purposes
The AG reversed and remanded to the BIA, finding that the expungement of a firearms conviction pursuant to California state law does not change the fact that the person is still "convicted" for immigration purposes. (Matter of Luviano-Rodriguez, 1/18/05)