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
IJ Holds Respondent’s Convictions for Third-Degree Grand Theft and Petit Larceny in Florida Are Not CIMTs
The Immigration Judge held that the respondent’s convictions for grand theft in the third degree and petit larceny in violation of section 812.014 of the Florida Statutes were not categorically crimes against moral turpitude (CIMTs). Courtesy of Ronald Haber. (Matter of Pierre, 11/26/19)
CA4 Finds BIA’s Remand Order to IJ for Background Checks Was Not a Final Order of Removal for Purposes of Judicial Review
The court concluded that the BIA’s July 9, 2018, remand order, which remanded the petitioner’s case to the IJ for background checks pursuant to the IJ’s grant of withholding of removal, did not constitute a “final order of removal” within the meaning of INA §242. (Kouambo v. Barr, 11/25/19)
CA9 Holds Petitioner Who Filed a Frivolous Asylum Application Was Barred from Receiving a Waiver of Removal Under INA §237(a)(1)(H)
The court denied the petition for review, holding that the frivolous asylum application bar at INA §208(d)(6) precludes an applicant from receiving all benefits under the INA, including a waiver of removal under INA §237(a)(1)(H). (Manhani v. Barr, 11/25/19)
CA9 Says Petitioner Was “Otherwise Admissible” for Purposes of an INA §237(a)(1)(H) Waiver Notwithstanding INA §212(e)
Granting the petition for review and remanding, the court held that a noncitizen who seeks a waiver under INA §237(a)(1)(H) is “otherwise admissible” even though he failed to return to his country of origin for at least two years as required by INA §212(e). (Fares v. Barr, 11/25/19)
DHS OIG Found DHS Lacked Technology Needed to Successfully Account for Separated Migrant Families
DHS OIG issued a report finding that although DHS spent thousands of hours and more than $1 million in overtime costs, it did not achieve the original goal of deterring migrants and did not have the IT system functionality needed to track separated families which led to widespread errors.
EOIR Provides Information on ECAS
EOIR Court & Appeals System (ECAS) is part of an overarching information technology modernization effort at EOIR. Its goal is to phase out paper filing and processing, and to retain all records and case-related documents in electronic format.
ICE Releases Warning About Misinformation on Social Media
ICE warned that misinformation about ICE can be posted on social media. An example from 11/23/19 was provided, with ICE stating that it was a prime example of, "reckless, irresponsible misinformation that continues to mislead the public" concerning ICE's mission.
CA5 Holds It Lacks Jurisdiction to Review Motion to Reopen That VWP Participant Was Not Entitled to File
The court held that, as a Visa Waiver Program (VWP) participant, petitioner was limited to contesting his removal on the basis of an asylum application, and thus that INA §217(b)(2) barred him from challenging his deprivation of a hearing via a motion to reopen. (Lavery v. Barr, 11/22/19)
Congressional Letter to CBP Expresses Concerns over Truncated Asylum Programs
Members of Congress sent a letter led by Representative Veronica Escobar (D-TX) to the Acting Commissioner of CBP, Mark A. Morgan, expressing concerns over two new programs subjecting vulnerable individuals in El Paso, Texas to truncated asylum review processes.
EOIR to Open New Immigration Court in Los Angeles
EOIR will open a new immigration court in Los Angeles, on December 9, 2019. The Van Nuys Blvd. immigration court will cover Kern, San Luis Obispo, Santa Barbara, and Ventura counties, and parts of Los Angeles County. Notice includes court’s location, contact information, and hours of operation.
CA2 Remands Where Petitioner Made Prima Facie Showing of Egregious Violation of His Fourth Amendment Rights
The court found that the petitioner, who had been arrested in an ICE raid in Connecticut in 2007, had made a prima facie showing of an egregious violation of his Fourth Amendment rights, because the evidence suggested that his arrest was racially motivated. (Rodriguez v. Barr, 11/21/19)
AG Refers BIA Case to Himself and Invites Amicus Regarding Definition of Aggravated Felony
The Attorney General referred a BIA decision to himself for review of whether an individual who has been convicted of a criminal offense necessarily has been convicted of an aggravated felony. Amicus briefs are due by 1/17/20. Matter of Reyes, 27 I&N Dec. 708 (A.G. 2019)
EOIR Releases Memo on Legal Advocacy By Non-Representatives in Immigration Court
EOIR released a memo that reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings as EOIR does not allow individuals to appear and engage in legal advocacy without being recognized as a legal representative.
BIA Rescinds In Absentia Order Against Respondents Formerly in MPP
Unpublished BIA decision rescinds in absentia order sua sponte in light of DHS non-opposition stating that respondents did not receive notice after being removed from the Migrant Protection Program. Special thanks to IRAC. (Matter of M-D-R-D-, 11/21/19)
Prepping for the Next Debate: Where the Candidates Stand on Immigration
Greg Chen and Cara Pavlak highlight the positions of the Democratic presidential candidates on immigration and encourage readers to use the AILA 2020 Election Guide, and the accompanying social media toolkit, to engage on immigration during the debate.
BIA Finds Certain Informants to Be a Cognizable Social Group
Unpublished BIA decision holds “noncriminal informants that have testified against criminals” is a cognizable particular social group. Special thanks to IRAC. (Matter of L-M-M-D-, 11/19/19)
BIA Holds Conviction Under Cal. Penal Code 266i(a)(1) Not an Aggravated Felony
Unpublished BIA decision holds conviction under Cal. Penal Code 266i(a)(1) for pandering by procuring is not an aggravated felony under INA 101(a)(43)(K). Special thanks to IRAC. (Matter of Silva Madrigal, 11/19/19)
Joint DHS and DOJ Interim Final Rule to Implement “Asylum Cooperative Agreements”
Joint DHS and DOJ interim final rule to implement “Asylum Cooperative Agreements” that the U.S. enters into with other countries pursuant to INA §208(a)(2)(A), with the exception of Canada. The rule is effective 11/19/19. (84 FR 63994, 11/19/19)
AILA Statement for House Subcommittee Hearing on Remain in Mexico
AILA submitted a statement to the House Border Subcommittee for the 11/19/19 hearing on “Examining the Human Rights and Legal Implications of DHS’ ‘Remain in Mexico’ Policy.”
EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements
EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19.
CA9 Finds Reinstatement Order Was Improper Where Petitioner Showed “Gross Miscarriage of Justice”
Granting the petition for review, the court held that petitioner had shown a “gross miscarriage of justice,” because his 1998 removal order lacked a valid legal basis at the time of his 2008 removal, and his collateral attack on his removal order was timely. (Vega-Anguiano v. Barr, 11/19/19)
CA9 Says First-Degree Unlawful Imprisonment in Hawaii Is a CIMT
The court denied the petition for review, concluding that the petitioner’s conviction for first-degree unlawful imprisonment under Hawaii law was categorically a crime involving moral turpitude (CIMT) rendering the petitioner removable. (Fugow v. Barr, 11/18/19)
Press Call: AILA Experts and Asylum Officer Whistleblower Discuss “Remain in Mexico” Program and Secretive Tent Courts
On a press call, AILA’s Ben Johnson and Andrew Nietor joined whistleblower asylum officer Douglas Stephens and his attorney to share insights from their individual experiences with the Remain in Mexico program and the continued due process concerns surrounding the secretive tent courts.
AILA Joins Organizations and Academics to Call for End to Remain in Mexico Program
On 11/18/19, AILA joined numerous immigration, human rights, and civil rights organizations and academics in asking Congress to end the Trump administration’s “Remain in Mexico” program, as it places asylum seekers in great danger, violates U.S. law, due process, and international legal obligations.
USCIS Releases Report on Arrest Histories of Individuals Who Requested DACA
USCIS released a report with data on arrests and apprehensions of individuals who requested DACA. Note: this data may include arrests that did not result in convictions or where the charges were dropped or dismissed.