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
BIA Holds Colorado Definition of Marijuana Broader Than Federal Definition
Unpublished BIA decision holds that Colorado’s definition of marijuana is broader than the federal definition because it includes marijuana stalks. Special thanks to IRAC. (Matter of Arellano-Casas, 3/17/20)
CA9 Says Noncitizen Does Not Withdraw Appeal of Final Removal Order Simply Due to Involuntary Removal from the United States
The court granted the petition for review and remanded to the BIA, holding that the petitioner’s involuntary removal from the United States while his appeal was pending before the BIA did not withdraw his appeal under 8 CFR §1003.4. (Lopez-Angel v. Barr, 12/27/19, amended 3/17/20)
BIA Reopens Proceeding Sua Sponte for Respondent Previously Removed from the Country
Unpublished BIA decision reopens proceedings sua sponte following vacatur of conviction underlying sole charge of removability and notwithstanding respondent’s physical removal from United States in 2014. Special thanks to IRAC. (Matter of Garcia-Navarro, 3/16/20)
AILA Sends Letter to DOJ, EOIR, and ICE Regarding Urgent COVID-19 Measures
On 3/16/20, AILA sent a letter to DOJ, EOIR, and ICE with urgent measures that should be taken in light of the COVID-19 pandemic.
CA8 Finds Petitioner Had No Constitutionally Protected Interest in Receiving Cancellation of Removal
The court held that the BIA did not err in denying the petitioner’s application for cancellation of removal or his motion to reopen and reconsider, finding that he had no constitutionally protected interest in receiving a discretionary form of relief. (Rodriguez v. Barr, 3/16/20)
ICE Milwaukee Update—03/16/2020 (COVID-19)
ICE Milwaukee provided AILA Wisconsin ICE Liaison with an update on operations during the COVID-19 pandemic, as well as contact information.
CA7 Upholds Denial of Hardship Waiver to Nigerian Petitioner Who Failed to Show He Entered Marriage in Good Faith
The court held that the BIA reasonably found that the petitioner, who had obtained conditional permanent resident status based on his marriage to a U.S. citizen but had divorced six months later, did not prove that he entered into the marriage in good faith. (Omorhienrhien v. Barr, 3/13/20)
EOIR Postpones Certain Non-Detained Master Calendar Hearings Due to COVID-19
EOIR released a statement announcing that the Seattle Immigration Court is closed through 4/10/20. The following courts will remain open, but postpone non-detained master calendar hearings: Boston, Los Angeles, Newark, New York City, Sacramento, and San Francisco.
ICE Statement Regarding Enforcement and Protocols Due to COVID-19
ICE issued a statement on its response to COVID-19. ICE stated that it does not conduct enforcement operations at medical facilities, except under extraordinary circumstances. Further, ICE is “temporarily suspending social visitation in all detention facilities.”
CA8 Upholds Denial of Asylum to Mexican Petitioner Convicted of Possessing Meth in Minnesota
The court held that the petitioner’s conviction in Minnesota for fifth degree possession of a controlled substance, specifically methamphetamine, constituted grounds for removal, because the statute was divisible. (Rendon v. Barr, 3/12/20)
Sign-On Letter to EOIR Regarding New York Immigration Courts Lack of Preparation for Coronavirus Outbreak
On 3/12/20, 104 legal service providers representing immigrants wrote a letter to EOIR expressing extreme concern at the lack of guidance or proactive initiatives taken by EOIR to safeguard the health of those interacting with the New York immigration courts in light of the coronavirus outbreak.
AILA Sends Letter to ICE Regarding ICE Facilities and COVID-19
On 3/12/20, AILA sent a letter to ICE requesting that ICE immediately implement procedures for the prevention and management of COVID-19 at all ICE facilities, including all detention centers and ICE locations where individuals must report for ICE supervision.
CRS Releases Legal Sidebar on the First Amendment and “Encouraging” or “Inducing” Unlawful Immigration
CRS released a legal sidebar on U.S. v. Sineneng-Smith in which SCOTUS is considering the constitutionality of a prohibition against encouraging or inducing unlawful immigration. The sidebar provides an overview of the case, issues raised by it, and potential implications for Congress.
Members of Congress Seek Information on DHS’s Plan to Prevent and Respond to COVID-19 in Detention Facilities
On March 11, 2020, Representatives Carolyn B. Maloney (D-NY) and Jamie Raskin (D-MD) sent a letter to DHS seeking information on its plan for preventing and responding to a potential coronavirus outbreak in ICE and CBP migrant detention facilities and in the broader immigrant community.
BIA Holds Georgia Involuntary Manslaughter Not a CIMT
Unpublished BIA decision holds that involuntary manslaughter under Geo. Code Ann. 16-5-3(a) is not a CIMT because it requires only criminal negligence. Special thanks to IRAC. (Matter of Kolubah, 3/11/20)
BIA Finds Exploitation of Elderly Persons in Florida Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that exploitation of an elderly person under Fla. Stat. 825.103(1) is not an aggravated felony theft offense because it does not include lack of consent as an element. Special thanks to IRAC. (Matter of Joseph, 3/10/20)
CRS Releases Legal Sidebar on Immigration Enforcement and the Anti-Commandeering Doctrine
CRS released an updated legal sidebar summarizing litigation filed by several states and localities challenging the withholding of federal funds based on failure to comply with 8 U.S.C. §1373 and §1644 which require state and local entities to share information with federal immigration authorities.
DOJ Final Rule on DNA Collection from Immigration Detainees
DOJ final rule which gives the Attorney General plenary legal authority to direct DHS to collect DNA samples from immigration detainees. The rule is effective 4/8/20. (85 FR 13483, 3/9/20)
CA8 Upholds BIA’s Denial of Asylum to Mexican Petitioner with Schizophrenia
The court held that the record was not so substantial that a reasonable factfinder would conclude that Mexico’s government targets individuals who belong to the particular social group of “individuals with schizophrenia who exhibit erratic behavior.” (Perez-Rodriguez v. Barr, 3/9/20)
CA1 Upholds Denial of Motion to Reopen of Petitioner Who Feared Gang Violence in Guatemala
The court concluded that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen on the grounds that he did not establish changed country conditions based on his fear of returning to Guatemala due to gang activity. (Molina v. Barr, 3/9/20)
ICE Releases Interim Reference Sheet on 2019-Novel Coronavirus
ICE released guidance for its Health Services Corps related to 2019-Novel Coronavirus (COVID-19), including that medical staff should educate detainees on proper hygiene and requesting a sick call if ill as well as how to identify detainees with revised CDC criteria for COVID-19 exposure.
DOJ Authorizes DHS to Begin Collecting DNA Samples from Certain Immigration Detainees
DOJ issued a final rule to implement the Attorney General’s authority, provided by the DNA Fingerprint Act of 2005, to direct DHS to collect DNA samples from certain non-U.S. persons it detains. The DNA samples will be entered into the FBI’s Combined DNA Index System (CODIS).
BIA Rules that Interpol Red Notices May Constitute Reliable Evidence of Serious Nonpolitical Crime
The BIA ruled that an Interpol Red Notice may constitute reliable evidence for the serious nonpolitical crime bar for asylum, and that violation of §345, Salvadoran Penal Code, is “serious” within meaning of the serious nonpolitical crime bar. Matter of W-E-R-B-, 27 I&N Dec. 795 (BIA 2020)
BIA Dismisses Charge of Conspiracy to Commit Fraud-Related Aggravated Felony
Unpublished BIA decision finds that respondent was not convicted of an aggravated felony under INA 101(a)(43)(U) where the IJ dismissed the corresponding charge under INA 101(a)(43)(M) because the loss to the victim was less than $10,000. Special thanks to IRAC. (Matter of Gray, 3/6/20)
AILA DOS Liaison Q&As (3/5/20)
Official AILA/DOS liaison Q&As from a 3/5/20 meeting. Topics include: DOS Visa Office operations, the visa bulletin, NVC issues, international office closures, public charge issues, PP 9645 waivers, E visas, issues for those of Iranian descent, a final rule concerning “birth tourism,” and more.