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 Upholds IJ's Instruction to Unprepared Counsel to Proceed on Relief Applications
The Court held that the phrasing of counsel's Motion to Expedite Hearing was the cause of any confusion regarding what would be heard at the expedited hearing, and thus there was no due process violation in the IJ's insistence on proceeding.(Kuschchak v. Ashcroft, 5/3/04)
CA9 Rejects Government's Arguments on Exception to Zadvydas' Indefinite Detention Bar
CA9 rejected the govt's argument of an exception to Zadvydas' 6-month limitation on detention of post-final order permanent residents for particularly dangerous individuals where there are circumstances, such as mental illness, that help to create the danger. (Tuan Thai v. Ashcroft, 5/3/04)
USCIS Manual on Crimes Involving Moral Turpitude
USCIS manual outlining issues related to crimes involving moral turpitude.
Better Data Needed to Ensure ICE Compliance with Zadvydas
Following a study of ICE's compliance with the Supreme Court decision in Zadvydas, the GAO recommends that ICE collect complete and accurate information to assure compliance, determine ICE deportation officer staffing needs, and provide guidance to deportation officers on prioritizing.
State Bar of Texas Meeting Minutes (4/30/04)
The 4/30/04 minutes from the last quarterly meeting of the State Bar of Texas, Committee on Laws Relating to Immigration & Nationality, address a variety of issues. The committee met with various directors and discussed current procedures, policies, staffing levels, and more.
CBP Memo Clarifying a 2002 “Zero Tolerance Policy” for Exercising Discretion
CBP 4/30/04 memo clarifying a 3/22/02 INS memo, “Zero Tolerance Policy” and reminding CBP directors that while discretion must be exercised consistent with homeland security concerns, appropriate and principled discretion should be exercised. Received through American Immigration Council FOIA.
CRS Report on Legislation on Immigration-Related Detention
The Congressional Research Service (CRS) report on the detention of noncitizens, including changes related to the creation of DHS, authority for detention, when mandatory detention is warranted, detention statistics, and legislation in the 108th Congress related to detention.
EOIR Fact Sheet on the Immigration Court Process (Updated 4/28/05)
EOIR fact sheet addressing the immigration court process and outlining the types of immigration hearings, including removal, bond redetermination, relief from removal, asylum, expedited removal, CAT protection, and more.
CA5 Holds Conviction Under Drive-By Shooting Statute To Be a Crime of Violence
The Fifth Circuit held that a conviction under the Oklahoma drive-by shooting statute, for driving a vehicle from which a shot was fired, is a crime of violence and thus an aggravated felony. (Nguyen v. Ashcroft, 4/27/04)
CA3 Holds Parolees Are Subject to INA §238(b)
Rejecting the argument that INA §238(b) should apply only to nonimmigrants, the court held that a parolee can be subject to administrative removal without a hearing. (Bamba v. Rile, 4/27/04)
CA9 Withdraws Prior Decision Finding No Aggravated Felony in Drug Case
To review whether jurisdiction vests with the Court, CA9 withdrew its prior decision holding that a state felony drug offense is not an aggravated felony unless the offense contains a drug trafficking element or is punishable under federal law. (Cazarez-Gutierrez v. Ashcroft, 04/26/04)
CA5 Upholds Regulation Barring Parolees Who Are “Arriving Aliens” From Adjusting While In Removal Proceedings
Joining the Eight Circuit and rejecting the rationales of the First, Third, Ninth and Eleventh Circuits, the court upheld the validity of 8 CFR §1245.1(c)(8) as “a valid exercise of the Attorney General’s discretion under [INA §245(a)].” (Momin v. Gonzales, 4/24/06)
CA9 Holds Failure to Notify Petitioner of Impact of Departure Is Violation of Due Process
The Ninth Circuit held that application of the rule that a departure while a BIA appeal is pending results in withdrawal of the appeal, where the petitioner was not notified of the impact of the departure, violates due process. (Martinez De Bojorquez v. Ashcroft, 4/22/04)
CBP Memo: Enforcement Activities at Schools and Places of Worship
These two legacy border patrol memoranda relate to enforcement activities in schools, places of worship, funerals, and other religious ceremonies.
CA9 Applies Bar to Relief for Overstaying VD To Motion to Reopen Petitioner
The Ninth Circuit held that the bar to relief for overstaying voluntary departure applies to an individual who filed a motion to reopen for adjustment of status after the VD period ended but before the end of the 90-day period for a motion to reopen. (DeMartinez v. Ashcroft, 4/16/04)
CA9 Finds Due Process Violation in Proceeding After Withdrawal of Counsel
The Ninth Circuit found that the IJ violated due process by permitting counsel to withdraw without advising petitioner of his right to counsel or asking for a waiver of the right, and continuing the hearing for only 2 hours after the withdrawal. (Tawadrus v. Ashcroft, 4/15/04)
CA7 Finds Lack of Jurisdiction under INA Section 242(a)(2)(C)
Finding that it lacked jurisdiction under INA § 242(a)(2)(C), CA7 held that the denial of discretionary relief presented no substantial constitutional claim which would override the statutory bar to jurisdiction.(Dave v. Ashcroft, 4/14/04)
CA9 Construes Motion for Stay of Removal as Motion to Stay Voluntary Departure Period
CA9 held that a motion for a stay of removal filed during the pendency of a petition for review will be construed to include a motion to stay voluntary departure provided the motion for a stay of removal is filed prior to the expiration of the VD period. (Desta v. Ashcroft, 4/14/04)
CA9 Affirms Denial of Asylum and Withholding Based on Terrorist/National Security Grounds
CA9 found lack of jurisdiction to review an IJ determination that a petitioner who, the judge concluded, had engaged in terrorist activity, and held that substantial evidence supported a finding of ineligibility for withholding as a likely danger to security. (Bellout v. Ashcroft, 4/12/04)
CA9 Finds It Has Jurisdiction to Review Discretionary Denial of Motion to Reopen
The Ninth Circuit held that it had jurisdiction to review a motion to reopen by a respondent granted voluntary departure who sought to resurrect an abandoned adjustment application based on his relationship to a USC stepfather. (Medina-Morales v. Ashcroft, 4/7/04)
Motion to Return Petitioner to the U.S. and Restore Status Nunc Pro Tunc
Sample motion to return Petitioner to the United States and restore his status nunc pro tunc, where his removal from the U.S. was in violation of a court ordered stay. (April 2004) (Miscellaneous Motion)
Motion to Enforce Court Order
Sample motion to enforce court order to restore Petitioner’s status nunc pro tunc and return Petitioner to the United States. (April 2004) (Miscellaneous Motion)
CA2 Says AEDPA §440(d) May Have Impermissible Retroactive Effect
The court held that AEDPA §440(d) may have an impermissible retroactive effect if applied to persons with pre-AEDPA aggravated felony jury trial convictions, and remanded to determine whether individual §212(c) reliance is required (Restrepo v. McElroy, 4/1/04)
CA9 Affirms Denial of Untimely Motion to Reopen, But Remands for CAT Claim
CA9 held that a change in asylum law does not constitute "changed circumstances" for an untimely motion to reopen, but remanded on holding that torture for CAT purposes may occur while in the custody or physical control of public officials or private individuals. (Azanor v. Ashcroft, 4/1/04)
DHS Guidance on Length of Custody Before Determination to Charge and Other Detention Issue
A 3/30/04 memo from Asa Hutchinson, Border and Transportation Undersecretary, providing guidance on length of custody before a determination to charge, as well NTA service, post-order custody reviews and other related issues.