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
DOJ to Direct DHS to Collect DNA Samples from Non-U.S. Person Detainees
DOJ issued a notice of proposed rulemaking that would restore to the Attorney General the authority to authorize and direct DHS to collect DNA samples from the non-U.S. persons it detains. The DNA samples collected by DHS will be entered into the FBI’s Combined DNA Index System (CODIS).
BIA Finds Crime of Dissuading a Witness in Violation of §136.1(b)(1) of the California Penal Code Is an Aggravated Felony Offense
Applying Matter of Valenzuela Gallardo retroactively, BIA dismissed respondent’s appeal finding that the crime of dissuading a witness in violation of §136.1(b)(1) of the CA Penal Code is categorically an aggravated felony offense. Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019)
CA10 Upholds Denial of Asylum to Salvadoran Threatened Due to Political Graffiti Painted on His House
The court upheld the BIA’s conclusions that the assault petitioner suffered was based on a personal disagreement rather than on account of his political opinion, and that the threat of future harm made to him was not due to his imputed political opinion. (Escobar-Hernandez v. Barr, 10/18/19)
BIA Finds Conviction for Fourth-Degree Sexual Offense in Maryland Is Not a CIMT
Unpublished BIA decision terminated removal proceedings after concluding that DHS failed to establish by clear and convincing evidence that respondent’s fourth-degree sexual offense in Maryland was a crime involving moral turpitude (CIMT). Courtesy of Eric Singer. (Matter of –, 10/17/19)
Members of Congress Call for Investigation of Tent Courts
A group of Democratic leaders in the House of Representatives sent a letter to the DHS Inspector General and DOJ Inspector General calling for an investigation of the use of tent facilities to adjudicate immigration hearings via video teleconference for asylum seekers subject to Remain in Mexico.
BIA Holds Maryland Sexual Offense Not a CIMT
Unpublished BIA decision holds that fourth-degree sexual offense under Md. Code Ann., Crim. Law 3-308(b)(1) is not a CIMT because the required mental state may include negligence. Special thanks to IRAC. (Matter of Henriquez-Dimas, 10/17/19)
AILA Submits FOIA Request on EOIR's Hiring Procedures
AILA submitted a Freedom of Information Act (FOIA) request for EOIR’s hiring procedures for appellate immigration judge (AIJ) positions and Board Member positions established on March 8, 2019.
CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision Declining to Reopen Proceedings Sua Sponte
The court dismissed the petition for review for lack of jurisdiction to the extent that the BIA had declined to reopen the proceedings sua sponte, and upheld the BIA’s denial of the petitioner’s motion to reconsider and reopen the BIA’s decision of 2003. (Malukas v. Barr, 10/15/19)
CA5 Remands Asylum Claims in Light of Matter of L-E-A- Where Petitioner’s Particular Social Group Was His Family
The court vacated and remanded in light of Matter of L-E-A-, after finding that the BIA's reliance on the factual findings of the IJ were likely impacted by the incorrect legal posture through which the IJ viewed the case. (Pena Oseguera v. Barr, 8/23/19, amended 10/15/19)
Practice Pointer: EOIR Policy Memo, Use of Status Dockets
AILA Practice Pointer on EOIR policy memo 19-13, use of status dockets. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law."
BIA Finds “Offense of Menacing” in Violation of Oregon’s Revised Statutes §163.190 Is a CIMT
The BIA dismissed the respondent’s appeal and distinguished his case from Matter of Solon, finding that the offense of menacing in violation of §163.190 of Oregon Revised Statutes is categorically a crime involving moral turpitude (CIMT). Matter of J-G-P, 27 I&N Dec. 642 (BIA 2019)
EOIR Swears in 27 New Immigration Judges
EOIR announced the investiture of 27 new immigration judges appointed by Attorney General William Barr. Notice includes the judges' biographical information.
BIA Terminates Proceedings Against Respondent Convicted of Stealing a Firearm in Connecticut
Unpublished BIA decision holds stealing a firearm under Conn. Gen. Stat. 53a-212 not an aggravated felony theft because it does not require lack of owner consent and not a firearms offense because state definition includes BB guns. Special thanks to IRAC. (Matter of Sylpha, 10/11/19)
BIA Reverses IJ for Questioning Validity of State Court Dependency Order
Unpublished BIA decision reverses decision rescinding adjustment of status because IJ improperly determined state court lacked jurisdiction to issue dependency order. Special thanks to IRAC. (Matter of Urias-Velasquez, 10/11/19)
CA4 Holds Noncitizens in Withholding-Only Proceedings Are Entitled to Individualized Bond Hearings
The court held that noncitizens subject to reinstated removal orders have the right to individualized bond hearings before IJs, which could lead to their release during the pendency of their withholding-only proceedings. (Guzman Chavez, et al. v. Hott, et al., 10/10/19)
EOIR Announces Case Completion Numbers for FY2019
EOIR announced that the agency’s case completion number topped 275,000 cases for FY2019, making it the second highest number of case completions in EOIR history. EOIR has 987,000 cases pending as of the end of FY2019, and saw 444,000 new cases filed in FY2019.
CA11 Says Conviction for Delivery of Cocaine in Washington Is an Aggravated Felony
The court held that a conviction for delivery of cocaine under Washington law categorically qualifies as an aggravated felony under INA §101(a)(43), and thus that petitioner was barred from establishing the good moral character necessary for naturalization. (Bourtzakis v. Att'y Gen., 10/9/19)
CRS Report on the Legal Framework of Expedited Removal
CRS released a report on expedited removal, including the legal framework behind it, the process of expedited removal, detention and parole of individuals subject to expedited removal, limitations to judicial review, and constitutional and legal challenges.
CA8 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision to Deny Cancellation of Removal
The court upheld the BIA’s denial of cancellation of removal to the petitioner, holding that the BIA’s determination that the petitioner was not entitled to cancellation of removal was a discretionary decision beyond the scope of the court’s review. (Urrutia Robles v. Barr, 10/8/19)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/19 and ending 12/31/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.04 per centum per annum. (84 FR 53835, 10/8/19)
CA7 Affirms Conviction of Defendant Despite District Court’s Failure to Inform Him of Potential Immigration Consequences of Guilty Plea
The court held that the defendant failed to demonstrate a reasonable probability that, had the district court informed him of the potential immigration consequences of his guilty plea, he would not have pleaded guilty, and thus affirmed his conviction. (United States v. Zacahua, 10/8/19)
Motion for Extension to File Opening Brief – Eighth Circuit
Sample motion for a 30-day extension to file opening brief for the eight circuit.
CA6 Says Government Need Not Satisfy Requirements of INA §239(a)(1)(A)-(G) in a Single Document
The court held that a Notice to Appear (NTA) may be served on a noncitizen through more than one written communication and still constitute notice if the communications collectively give all the information required to be provided by INA §239(a)(1)(A)-(G). (Garcia-Romo v. Barr, 10/4/19)
AILA DOS Liaison Q&As (10/3/19)
Official AILA/DOS liaison Q&As from a 10/3/19 meeting. Topics include: DS-160 and DS-260, public charge issues, PP 9645 waivers, Arya Samaj weddings, I visas, prudential revocation, processing at various consular posts, reason to believe denials, USCIS overseas office closures, and more.
AILA Submits an Amicus Brief in the Third Circuit on the Two-Step Notice Process
AILA submitted an amicus brief in Ramirez Perez v. Barr, arguing that the BIA’s conclusion of the two-step process triggers the stop-time rule conflicts with the statute’s unambiguous text and unreasonably departs from the agency’s consistent recognition that a NTA is a single document.