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
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)
BIA Holds New York Larceny Statute Not a CIMT
Unpublished BIA decision holds that 2004 conviction for third degree grand larceny under N.Y.P.L. 155.35 is not a CIMT under Obeya v. Sessions, 884 F .3d 442 (2d Cir. 2018). Special thanks to IRAC. (Matter of Diaz Ortiz, 4/13/20)
ICE Provides Guidance Pursuant to Preliminary Injunction in Torres V. DHS
ICE provided guidance pursuant to the preliminary injunction issued in Torres v. DHS, regarding attorneys representing detainees at Adelanto ICE processing center.
AILA and Others Sue to Challenge Lack of Access to Counsel in Immigration Detention
A district court judge issued a TRO, given the COVID-19 pandemic, granting relief to individuals detained in Adelanto ICE Processing Center through 4/25/20, and asked the government why he should not convert this order into a preliminary injunction. (Torres, et al. v. DHS, et al., 4/11/20)
BIA Rules on Firm Resettlement Bar to Asylum
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance. Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)
Key Takeaways from AILA DOS Liaison Committee Meeting with the DOS Visa Office (3/5/20)
The DOS Liaison Committee provides key takeaways from its March 5, 2020, meeting with the DOS Visa Office in Washington, DC. The information provided should be read in conjunction with the detailed, official responses provided by the DOS Visa Office.
President Trump Issues Memorandum on Visa Sanctions
The president issued a memo directing the secretary of state to impose visa sanctions pursuant to INA section 243(d) on any foreign country that denies or delays the acceptance of its citizens after being asked to accept them, and if such denial or delay impedes DHS operations regarding COVID-19.
DOJ’s Immigration Court Practice Manual (Updated on 4/10/20)
The OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. EOIR also released an appendix with a list of courts that have implemented standing orders pursuant to EOIR PM 20-09.
GAO Releases Report on CBP’s Management of a Temporary Detention Facility in Texas
GAO released a report about a CBP facility in Tornillo, TX. Per GAO, CBP hired a contractor to build the temporary facility meant to hold 2,500, and paid $66 million to provide meals, guards, and services for five months. While open, the facility held no more than 68 detainees on any given day.
TRAC Releases Report on the Hidden Impact of Removal Proceedings on Rural Communities
TRAC found that rural counties have higher rates of residents in removal proceedings than urban counties. In these communities, TRAC notes, residents facing deportation may find themselves in “legal deserts” with few qualified immigration attorneys, longer travel times to court, and more poverty.
CA9 Sends Immigration Detainee’s Emergency Release Bid Based on Generalized COVID-19 Concerns to a California District Court
The court issued an order construing the petitioner’s emergency motion to remand pursuant to the All Writs Act as a petition for a writ of habeas corpus, and transferred the matter to the U.S. District Court for the Southern District of California. (Lopez-Marroquin v. Barr, 4/9/20)
CA5 Reverses Denial of Motion to Reopen Based on Changed Country Conditions for Women in Honduras Following Coup
The court held that BIA’s failure to address petitioner’s evidence regarding changes in country conditions in Honduras—specifically, that there was a large increase in violence against women following a military coup—constituted an abuse of discretion. (Inestroza-Antonelli v. Barr, 4/9/20)