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 Says Government Not Required to Compensate Court-Appointed Pro Bono Counsel for Mentally Incompetent Petitioners
The court held that although it had the inherent authority to appoint pro bono counsel for the petitioner, who was mentally incompetent, it lacked the requisite statutory authority to order government compensation for his appointed counsel. (Perez v. Barr, 4/27/20)
CA3 Finds It Has Jurisdiction to Review Due Process Claims Where Petitioner Seeks Only Discretionary Relief
Granting petition for review, the court held that it has jurisdiction to review due process claims where a petitioner seeks only discretionary relief, and concluded that the petitioner presented a meritorious ineffective assistance of counsel claim. (Calderon-Rosas v. Att’y Gen., 4/27/20)
Latest AILA Law Journal is Live – Take a Look!
In this blog post, Danielle Polen, AILA's Director of Publications & Online Resources shares some highlights from the latest edition of the AILA Law Journal, hot off the presses this week with articles by leading experts on a wide array of issues affecting immigration law.
CA1 Remands Asylum Claim of Dominican Woman Who Asserted She Was “Unable to Leave” Domestic Relationship
The court held that there is no categorical rule precluding asylum or withholding of removal applicants from establishing membership in a particular social group defined in material part as women “unable to leave” a domestic relationship. (De Pena-Paniagua v. Barr, 4/24/20)
DHS Releases Memos on Investigations of Immigration Detention Conditions
DGS released several memos from the Office of Civil Rights and Civil Liberties regarding onsite investigations into conditions at various immigration detention facilities.
NARA Notice of Agency Records Schedules
NARA notice with proposed records schedules in which agencies propose to dispose of certain records. This notice includes an ICE schedule of records on the development and implementation of the ICE National Detention Standards. Comments are due 4/23/20. (85 FR 22755, 4/23/20)
Supreme Court Rules on Cancellation of Removal Eligibility of LPRs Who Have Committed Certain Serious Crimes
The U.S. Supreme Court held that, for purposes of cancellation of removal eligibility of a lawful permanent resident (LPR), an INA §212(a)(2) offense committed during the initial seven years of residence does not need to be one of the offenses of removal. (Barton v. Barr, 4/23/20)
CA8 Upholds Denial of Asylum to Mexican Mother Whose Son Was Kidnapped and Killed by Drug Cartels
The court held that substantial evidence supported BIA’s determination that petitioner did not suffer past persecution or have a well-founded fear of future persecution on account of membership in a social group consisting of immediate family members of her son. (Meza Cano v. Barr, 4/23/20)
BIA Orders Further Consideration of Ineffective Assistance Claim in Light of Referral to Disciplinary Committee
Unpublished BIA decision remands for further consideration of ineffective assistance claim in light of evidence submitted on appeal that the respondent’s complaint against his prior attorney was referred to a disciplinary committee. Special thanks to IRAC. (Matter of Nguyen, 4/22/20)
TRAC Finds Large Numbers at Risk in ICE Detention Facilities for the Coronavirus
TRAC released a report questioning ICE’s commitment to protecting detainees from COVID-19, finding that ICE has not released specifics about where at-risk detainees are being held. TRAC provided data on detention facilities, and top 10 detention facilities for immigrants with pending court cases.
AILA’s DOS Liaison Committee Raises Questions with DOS Offices Concerning Issues Related to COVID-19
AILA’s DOS Liaison Committee raised several questions with the DOS Visa Office, NVC, KCC, and WRD concerning guidance and potential accommodations in light of the COVID-19 pandemic. AILA will keep members updated with any responses provided to the committee.
ILRC: Immigration Preparedness Toolkit
The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed-status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system.
CA3 Says Persons Who Publicly Provide Assistance Against Major Salvadoran Gangs Are a Particular Social Group
The court held that people who publicly provide assistance against major Salvadoran gangs constitute a particular social group, and that the BIA erred in applying Myrie v. Attorney General when it denied CAT relief. (Guzman Orellana v. Att’y Gen., 4/17/20)
H.R. 6537: Federal Immigrant Release for Safety and Security Together Act (FIRST Act)
On 4/17/20, Representative Jayapal (D-WA), introduced the Federal Immigrant Release for Safety and Security Together Act (FIRST Act) (H.R. 6537) to require the release of most individuals detained by ICE during a national emergency related to a communicable disease. AILA endorses this bill.
BIA Rejects DHS Argument Involving Vacatur of Criminal Conviction
Unpublished BIA decision rejects DHS argument that the respondent’s conviction remained valid for immigration purposes because the state court order vacating conviction was drafted by his attorney. Special thanks to IRAC. (Matter of Fearon, 4/17/20)
CA4 Finds BIA Erred in Denying Asylum to Guatemalan Military Member Who Threatened to Report Human Rights Abuses
The court concluded that the petitioner—who had been ordered, and repeatedly refused, to torture and kill people—had established that the past persecution he suffered at the hands of the Guatemalan military was on account of his imputed political opinion. (Lopez Ordonez v. Barr, 4/16/20)
CA3 Finds Homosexual Petitioner from Ghana Qualifies as a Refugee Under the INA
The court held that the Ghanaian petitioner had suffered past persecution and had a well-founded fear of future persecution on account of his sexual orientation and identity as a gay man, and thus that he qualified as a refugee under the INA. (Doe v. Att’y Gen., 4/16/20)
BIA Holds Texas Burglary Statute Not a CIMT
Unpublished BIA decision holds that burglary of building under Texas Pen. Code 30.02 is not a CIMT because the target offense is not an element and could include simple assault. Special thanks to IRAC. (Matter of De Leon Gonzalez, 4/15/20)
BIA Reopens Proceedings Sua Sponte for TPS Recipient to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent with TPS to adjust status in light of intervening decision in Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Castellanos, 4/14/20)
CA9 Remands After Finding BIA Violated Due Process in Making Marriage Fraud Determination
Where USCIS had denied an I-130 visa petition on the ground that the noncitizen spouse’s prior marriage had been fraudulent, the court held that the BIA had violated due process by relying on undisclosed evidence and by applying too low a standard of proof. (Zerezghi v. USCIS, 4/14/20)
AILA and Partners Send Letter to New Mexico Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 14, 2020, AILA, the American Immigration Council, and the Santa Fe Dreamers Project sent a letter to Governor Michelle Lujan Grisham urging her to take steps to reduce the number of individuals in ICE custody in the state of New Mexico amid the coronavirus outbreak.
AILA and Partners Send Letter to New Jersey Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 14, 2020, AILA, the American Immigration Council, and the American Friends Service Committee (AFSC) sent a letter to Governor Phil Murphy urging him to take steps to reduce the number of individuals in ICE custody in the state of New Jersey amid the coronavirus outbreak.
CA9 Says INA §241(a)(5) Permanently Bars Reopening a Reinstated Prior Removal Order
The court held that the language of INA §241(a)(5), which allows an immigration officer to reinstate a prior removal order, unambiguously and permanently bars reopening of the prior removal order under INA §239a(c)(7). (Padilla Cuenca v. Barr, 11/13/19, amended 4/14/20)
AILA and Partners Send Letter to Colorado Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 13, 2020, AILA, the American Immigration Council, and the Rocky Mountain Immigrant Advocacy Network (RMIAN) sent a letter to Governor Jared Polis urging him to take steps to reduce the number of individuals in ICE custody in the state of Colorado amid the coronavirus outbreak.
Sample Complaint for Injunctive and Declaratory Relief in Immigration Habeas Case
Sample complaint, memo in support of motion for temporary restraining order (TRO), and motion for a TRO requesting injunctive and declaratory relief in immigration habeas case. Special thanks to Sabrina Damast. (Complaint, Amendment, Other Pleading; Motion for Injunctive Relief)