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
Key Takeaways from AILA DOS Liaison Committee Meeting with the DOS Visa Office (10/3/19)
The DOS Liaison Committee provides key takeaways from the 10/3/19 meeting with the DOS Visa Office. The information provided below should be read in conjunction with the detailed, official responses provided by DOS.
BIA Vacates Finding of Removability Based on Flaws in Conviction Records
Unpublished BIA decision vacates finding of removability based on a criminal conviction because the conviction records were illegible, and DHS did not establish that name listed was respondent’s alias. Special thanks to IRAC. (Matter of Hernandez Henriquez, 10/3/19)
AILA and Partners Submit Amicus Brief on Missing Mens Rea Requirement
AILA and partners submitted an amicus brief in Shular v. U.S. to the Supreme Court on the (missing) mens rea requirement in Florida drug sale convictions and whether those count as predicate “serious drug offenses for purposes of ACCA (federal) sentence enhancements.
EOIR Issues a Policy Memo on Administrative Review of Recognition and Accreditation Determinations
EOIR released a policy memo outlining the procedures that the EOIR Director will follow in administratively reviewing certain requests for reconsideration of determinations regarding recognition and accreditation denied by the Assistant Director for Policy.
EOIR Releases a Policy Memo on Case Processing at the BIA
EOIR released a policy memo providing guidance on the case management system for appellate adjudications by the BIA and setting internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record.
EOIR to Open New Immigration Court in Atlanta
EOIR announced it will open a new immigration court in Atlanta, Georgia, on October 15, 2019. Notice includes the court’s location, contact information, and hours of operation.
CA1 Finds Petitioner Failed to Show He Would More Likely Than Not Be Tortured If Removed to Guatemala
The court held that the petitioner had failed to show that the record compelled a finding other than the one that the IJ had reached, and upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Samayoa Cabrera v. Barr, 10/1/19)
EOIR Releases Summary of ECAS Enhancements
EOIR released a summary of ECAS enhancements for attorneys and accredited representatives. Summary includes lead/rider cases – supporting document uploads, priority processing categories, existing bond redemption request warning, and time stamp and page number watermarks.
DHS Releases Annual Flow Report on Immigration Enforcement Actions in 2018
DHS OIS released a report on DHS immigration enforcement actions in 2018. Compared to 2017, DHS made 24 percent more apprehensions, 30 percent more determinations of inadmissibility, issued 37 percent more Notices to Appear, and performed 17 percent more removals and 14 percent more repatriations.
EOIR Released Statistics on Median Times for Pending Detained Cases
EOIR released statistics on the median times for pending detained cases from FY2008 through FY2019. In FY2019, the median pending time for non-review cases was 47 days and the median pending time for review cases was five days.
EOIR Released Median Completion Times for Detained Cases
EOIR released the median completion times for detained cases from FY2008 through FY2019. In FY2019, the median completion time for non-review cases was 46 days.
EOIR Releases Percentage of Detained Cases Completed Within Six Months for FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. In FY2019, 93 percent of initial case completions were completed in less than six months.
EOIR Released UAC Statistics for FY2019
EOIR released statistics on I-862 initial case completions for unaccompanied children (UAC) for FY2019. The total number of pending cases at the end of FY2019 was 91,513. Decisions were made in 14,960 cases, with 10,553 cases ending in removal.
EOIR Released the Current Median UAC Case Completion and Case Pending Time for FY2019
EOIR released the current median unaccompanied child (UAC) case completion and case pending time. In FY2019, the median pending time was 867 days and the median completion time was 610 days.
EOIR Released FY2019 Statistics on UAC Cases Pending More than Three Years
EOIR released FY2019 statistics on current unaccompanied children cases that have been pending for more than three years. As of the end of FY2019, 28,478 cases were pending.
USCIS Releases Report on Approximate Active DACA Recipients
USCIS released a report on the number of people with a DACA expiration date on or after 9/30/19. The report also contains the number of pending DACA renewal applications, approximate active DACA recipients by country of birth, state or territory of residence, gender, and age group.
EOIR Released Asylum Decision Rates by Nationality in Cases Originating with a Credible Fear Claim for FY2019
EOIR released asylum decision rates (grants, denials, administrative closure, and other) in cases that originated with a credible fear claim, broken down by the nationality of applicants for FY2019 (through 9/30/19).
BIA Holds Oregon Theft Not a CIMT Prior to Matter of Diaz-Lizarraga
Unpublished BIA decision holds that convictions for second degree theft in Oregon entered prior to Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016) do not qualify as crimes involving moral turpitude. Special thanks to IRAC. (Matter of Gordon-Flores, 9/30/19)
BIA Rescinds In Absentia Order Due To Ineffective Assistance of Counsel
Unpublished BIA decision rescinds in absentia order based on ineffective assistance where respondent’s attorney was later suspended by state bar and found to have committed professional misconduct while representing respondent. Special thanks to IRAC. (Matter of Salas, 9/27/19)
BIA Terminates Proceedings Following Late-Filed Criminal Appeal
Unpublished BIA decision terminates proceedings under Matter of J.M. Acosta in light of late-filed but pending appeal challenging underlying criminal conviction on basis of ineffective assistance of counsel. Special thanks to IRAC. (Matter of Mejia Peralta, 9/27/19)
District Court Enjoins ICE from Issuing Detainers Based on Error-Filled Databases
The court issued a permanent injunction enjoining ICE from issuing detainers based solely on database searches that rely upon information from sources that lack sufficient indicia of reliability for a probable cause determination for removal. (Gonzalez, et al. v. ICE, et al., 9/27/19)
AILA Sends Letter Requesting Information and Access to Port Courts
AILA sent a letter to various government agencies requesting information and access to tent court facilities to observe immigration court hearings.
DOJ’s Immigration Court Practice Manual (Updated on 9/26/19)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts.
BIA Reopens Proceedings Sua Sponte for Respondent to Seek Parole in Place
Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for parole in place based on his marriage to a member of the armed forces. Special thanks to IRAC. (Matter of Neves-Da Silveira, 9/26/19)
BIA Dismisses Appeal After Finding §124.401(5) of the Iowa Code Is Divisible Because a Specific Drug Is Involved
The BIA found respondent to be removable as §124.401(5) of the Iowa Code is divisible as to the specific drug involved and upheld the IJ’s application of the modified categorical approach to determine that the drug was methamphetamine. Matter of Gonzalez Lemus, 27 I&N Dec. 612 (BIA 2019)