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
CA2 Says Conviction for First-Degree Robbery in Connecticut Is a Crime of Violence Under 18 USC §16(a)
The court denied the petition for review, holding that the petitioner’s conviction for first-degree robbery in violation of Connecticut law was a crime of violence under 18 USC §16(a) and thus an aggravated felony under INA §§237(a)(2)(A)(iii) and 101(a)(43)(F). (Wood v. Barr, 11/1/19)
BIA Rules that §209(c) Waiver Applicants Who’re Deemed “Violent or Dangerous” Must Establish Extraordinary Circumstances
Following Matter of Jean, 23 I&N Dec. 373 (A.G. 2002), BIA ruled that to qualify for a §209(c) waiver of inadmissibility, an applicant who is found to be a violent or dangerous individual must establish extraordinary circumstances. Matter of C–A–S–D–, 27 I&N Dec. 692 (BIA 2019)
ICE 30-Day Extension of Comment Period on Form I-352
ICE 30-day extension of a comment period originally announced on 8/27/19 on proposed revisions to Form I-352, Immigration Bond. Comments are now due 12/2/19. (84 FR 58403, 10/31/19)
BIA Finds Florida Mischief Statute Not a CIMT
Unpublished BIA decision holds felony criminal mischief under Fla. Stat. 806.13.1(b)(3) is not a CIMT because it applies to simple destruction of property without any aggravating factors. Special thanks to IRAC. (Matter of Aguilar-Trejo, 10/31/19)
BIA Finds Arizona Drug Statute Overbroad
Unpublished BIA decision finds that solicitation to possess a controlled substance under Ariz. Rev. Stat. 13-3407 is overbroad on its face because it includes positional and geometric isomers of methamphetamine. Special thanks to IRAC. (Matter of Duran-Flores, 10/30/19)
CA1 Remands Where BIA and IJ Failed to Apply Mixed-Motives Analysis in Evaluating Asylum Claim
Where the BIA had failed to consider whether the petitioner’s persecution had mixed motivations, the court vacated the BIA’s decision denying asylum based on the Honduran petitioner’s family membership persecution claim for relief, and remanded. (Enamorado-Rodriguez v. Barr, 10/30/19)
CA9 Finds In Absentia Removal Order Defective Where Government Did Not Properly Serve Petitioner with Amended NTA
The court held that the BIA abused its discretion in upholding the denial of petitioner’s motion to reopen, where the IJ had ordered petitioner removed in absentia on the basis of an amended Notice to Appear (NTA) of which she did not receive proper notice. (Diaz Martinez v. Barr, 10/30/19)
AILA Statement for House Hearing on “The Administration's Decision to Deport Critically Ill Children and Their Families”
AILA submitted a statement to the House Oversight Committee highlighting USCIS’s role in building the Trump administration’s “invisible wall” and urging USCIS to adjudicate deferred action requests in a fair and efficient manner.
Practice Alert: Pilot Program Being Tested in El Paso to Speed up Removal of Asylum Seekers
AILA provides a practice alert on new pilot program being tested in El Paso, Texas to speed up deportations of asylum seekers.
IFPTE Union Sends Letter to Congress Asking for Hearing on Immigration Courts
On 10/28/19, the International Federation of Professional and Technical Engineers (IFPTE) requested that the House Subcommittee on Immigration and Citizenship and the House Committee on Oversight and Reform schedule a hearing to address recent immigration court developments.
CA6 Finds Government Can Trigger Stop-Time Rule by Satisfying Requirements of Notice to Appear Through Multiple Documents
In an unpublished decision, the court held the government can trigger the stop-time rule by satisfying the requirements of a Notice to Appear under INA §239(a)(1) through more than one document. Note: The Supreme Court granted certiorari in the case on 6/8/20. (Niz-Chavez v. Barr, 10/24/19)
AILA Submits Comments on DOJ Interim Rule Making Organizational Changes to EOIR
On 10/25/19, AILA submitted comments in response to DOJ’s interim rule making organizational changes to EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director. The rule became effective on 8/26/19.
Mary Kramer on Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants
AILA author Mary E. Kramer discusses her new book, Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants, and why this is a critical resource to add to the references you use on a daily basis.
TRAC Reports Increasing IJ Caseloads and Lengthening Hearing Wait Times
TRAC reports that IJ caseloads have grown substantially under the Trump administration. By 9/30/19, 1,023,767 “active” cases were pending compared to 542,411 at the start of the administration. At some locations, immigrants now wait an average of four years before their hearing is scheduled.
Attorney General Affirms BIA’s Order in Matter of Castillo-Perez on Multiple DUIs and the Good Moral Character Standard
The AG affirmed the BIA’s order vacating the IJ's decision to grant cancellation of removal, holding that two or more DUI convictions during the relevant period establish a presumption of lack of good moral character during that time. Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)
AG Vacates Decisions and Remands to Assess State-Court Alterations in Light of the Pickering Test
The AG vacated two decisions as they were based on earlier precedents that were overruled and remanded for the Board to assess the state-court alteration in light of the Pickering test. Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (A.G. 2019)
CLINIC Obtains FOIA Disclosures on EOIR’s Office of Policy
CLINIC submitted a FOIA request to EOIR seeking records related to the Office of Policy. Specifically, CLINIC sought records pertaining to the purpose, budget, formation, staffing, mission, and activities of the Office of Policy, and the Immigration Law Division within the Office of Policy.
CA9 Finds IJ Lacks Jurisdiction over an Inadmissibility Waiver Request by a Noncitizen Already in the United States
The court held that, in removal proceedings begun against a noncitizen after the noncitizen has already entered the United States, an IJ lacks authority to grant the noncitizen a U visa waiver of inadmissibility under INA §212(d)(3)(A)(ii). (Man v. Barr, 10/24/19)
EOIR Releases Statistics on Decision Outcomes for FY2019
EOIR released statistics on outcomes of initial case decisions for FY2019 (10/1/18–9/30/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
DHS Notice of Meeting of Homeland Security Advisory Council
DHS notice that the Homeland Security Advisory Council will meet on 11/14/19 in Arlington, VA. The meeting will be partially open to the public, and the public portion will include review of a report from the Families and Children Care Panel. (84 FR 56828, 10/23/19)
BIA Reaffirms Eligibility of TPS Holder to Adjust Status
Unpublished BIA decision reaffirms prior finding that respondent with TPS who left and returned under grant of advance parole was “admitted or paroled” for purposes of seeking adjustment of status. Special thanks to IRAC. (Matter of Ramirez-Cruz, 10/23/19)
BIA Reopens and Terminates Proceedings Sua Sponte Following Gubernatorial Pardon
Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition following full and unconditional pardon by the governor of Washington for conviction underlying sole basis of removability. Special thanks to IRAC. (Matter of Krouch, 10/22/19)
DOJ Proposed Rule on DNA Collection from Immigration Detainees
DOJ proposed rule which would give the Attorney General plenary legal authority to direct DHS to collect DNA samples from immigration detainees. Comments are due 11/12/19. (84 FR 56397, 10/22/19)
Practice Pointer: ICE Withdraws Huge Fines Under INA § 274(D)
AILA learned that DHS began sending out fine notices that targeted individuals in sanctuary jurisdictions, ordering them to pay fines of up to nearly $500,000. In October 2019, the Trump administration reversed this policy and withdrew the fines.
CA9 Declines to Rehear Dai v. Sessions En Banc
The court issued an order denying the rehearing en banc of Dai v. Sessions, in which the court held that, in the absence of an explicit adverse credibility determination by the IJ or the BIA, the court must accept as true the testimony of an asylum applicant. (Dai v. Barr, 10/22/19)