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
CA4 Says Conviction for Participation in a Criminal Street Gang in Virginia Is Not a CIMT
The court granted the petition for review, concluding that Virginia’s statute prohibiting participation in criminal gang activity does not categorically qualify as a crime involving moral turpitude (CIMT) for purposes of INA §237(a)(2)(A)(i). (Rodriguez Cabrera v. Barr, 7/19/19)
CA7 Upholds Asylum Denial to Mexican Petitioner Who Feared Persecution as the Mother of a Cartel Member’s Child
Where the Mexican petitioner claimed she feared persecution as the mother of a cartel member’s child, the court held there was nothing in the record that required BIA to conclude that she had experienced past persecution or reasonably feared future persecution. (N.Y.C.C. v. Barr, 7/19/19)
TRAC Report Shows ICE Fails to Target Serious Criminals in Immigration Court Filings
A TRAC report shows that, per data through June 2019, only 2.8 percent of DHS Immigration Court filings sought removal citing criminal activity. At 10 Immigration Courts, such cases were less than 0.5 percent of DHS filings.
What Would Fix the Immigration Courts? Well, Independence is a Start!
AILA Secretary Kelli Stump highlights recent efforts by AILA and its partners to urge Congress to establish an Article I immigration court system to ensure that “when cases are as serious as they are, when lies and livelihoods are on the line“ justice is served and people get a fair day in cou
CA1 Finds BIA Erred in Concluding Nepali Petitioner No Longer Had Well-Founded Fear of Persecution
The court granted in part the petition for review, finding that substantial evidence did not support the BIA’s decision to deny the Nepali petitioner’s asylum application, because the government did not rebut the presumption of a well-founded fear of persecution. (Dahal v. Barr, 7/18/19)
CA9 Grants Mexican Petitioner’s Untimely Motion to Reopen Due to Ineffective Assistance of Counsel
The court held that the BIA erred in finding that the petitioner had failed to show prejudice from his prior attorney’s ineffective assistance with respect to deferral of removal under the Convention Against Torture (CAT) and relief under former INA §212(c). (Flores v. Barr, 7/18/19)
CA9 Says Ambiguous Record of Conviction Does Not Bar Eligibility for Cancellation of Removal
The en banc court held that, in the context of eligibility for cancellation of removal, a petitioner’s state law conviction does not bar relief where the record is ambiguous as to whether the conviction constitutes a disqualifying predicate offense. (Marinelarena v. Barr, 7/18/19)
CA5 Finds Haitian Petitioner with Schizophrenia Was Not Denied Due Process at Removal Hearing
The court held that the IJ did not violate petitioner’s due process rights by failing to adhere to the procedural safeguards that were put in place after his competency hearing, finding that there was no variance that would amount to due process violations. (Pierre-Paul v. Barr, 7/18/19)
Lawsuit Seeks Clarity on How Immigrants Serving Time Are Deported From The United States
The American Immigration Council, AILA, and the Immigrant Defense Project filed a lawsuit to compel the government to release information about DOJ’s Institutional Hearing Program, an obscure program that expedites the deportation of immigrants who are serving time for criminal offenses.
The Institutional Hearing Program: An Overview
The American Immigration Council provides this fact sheet with an overview of the Institutional Hearing Program’s history and what is known about the way it works. It also highlights some of the due process concerns that surround the program.
Texas Bail Bondswoman Sentenced to Imprisonment for Smuggling Hundreds of Immigrants
Pursuant to an investigation by ICE Homeland Security Investigations (HSI), Hema Patel, a Texas-based bail bondswoman was sentenced to three years’ imprisonment for her role in smuggling hundreds of immigrants, primarily from India, into the United States.
DHS and DOJ Interim Final Rule Barring from Asylum Eligibility Individuals Who Transit Through a Third Country Without Seeking Protection
DHS and DOJ interim final rule establishing a mandatory bar to asylum eligibility for persons who transit through a third country and enter or attempt to enter the southern U.S. border without having applied for protection in a third country. The rule is effective 7/16/19. (84 FR 33829, 7/16/19)
CA8 Says Conviction for False Reporting in Nebraska Is a CIMT
The court held that petitioner’s conviction for making a false statement to a peace officer in Nebraska was categorically a crime involving moral turpitude (CIMT), and upheld BIA’s determination that petitioner was ineligible for cancellation of removal. (Adame-Hernandez v. Barr, 7/16/19)
CA8 Remands for Further Proceedings After Finding District Court Retained Jurisdiction over Naturalization Application
The court found that proceedings in the district court under § 1447(b) do not become moot when USCIS purports to deny a naturalization application after the applicant has already initiated the court proceedings. (Haroun v. DHS, 7/15/19)
ACLU Files Lawsuit Against ICE to Guarantee Detained Noncitizens Access to Counsel
The ACLU Foundation of Northern California filed a lawsuit on behalf of Pangea Legal Services seeking an injunction that would prohibit ICE from blocking noncitizens from meaningful access to counsel. (Pangea Legal Services v. McAleenan, et al., 7/12/19)
CA3 Finds BIA Erred in Rejecting Nepali Petitioner’s Motion to Remand Where He Established Prima Facie Asylum Claim
The court held that the BIA erred by failing to accept the petitioner’s new evidence as true when evaluating his prima facie claim for asylum relief, and found that the BIA incorrectly analyzed his claim by applying the incorrect standard to his new evidence. (Tilija v. Att’y Gen., 7/12/19)
CA3 Says IJs Have Jurisdiction over Removal Proceedings Where NTA Fails to Specify Time and Place of Hearing
Distinguishing the Supreme Court’s ruling in Pereira v. Sessions, the court held that a Notice to Appear (NTA) that fails to specify the time and place of an initial removal hearing does not deprive an IJ of jurisdiction over the removal proceedings. (Nkomo v. Att’y Gen., 7/12/19)
CA9 Says DOJ May Give Preferential Treatment in Awarding COPS Grants to Cities That Help Enforce Federal Immigration Laws
The court reversed the district court’s summary judgment in favor of the City of Los Angeles in an action challenging DOJ’s use of certain factors in determining scores for applicants to the Community Oriented Policing Services (COPS) grant program. (City of Los Angeles v. Barr, 7/12/19)
Testimony of Acting Inspector General on Mistreatment Allegations at Detention Facilities
The House Committee on Oversight and Reform held a hearing on “The Trump Administration’s Child Separation Policy: Substantiated Allegations of Mistreatment.” Jennifer L. Costello, Acting Inspector General, testified about overcrowding and prolonged detention conditions at detention facilities.
AILA Quicktake #269: AILA Offers Resources for Upcoming Raids
AILA Senior Policy Counsel Laura Lynch shares information on AILA resources for AILA members, their clients, advocates, the Hill, and the public, for the upcoming ICE raids, including know your rights handouts and local raids response hotlines that can be found at https://www.aila.org/raids.
Nonprofits File Lawsuit in Advance of Raids Seeking Hearings for Children and Families Ordered Removed in Absentia
Plaintiffs filed a lawsuit seeking to require the government to hold a hearing before an immigration judge prior to removing any currently unrepresented family or child who was ordered removed in absentia on or after May 1, 2014. (Asylum Seeker Advocacy Project, et al. v. Barr, 7/11/19)
Press Call: Legal Associations Discuss Need for Independent Immigration Court System
On 7/11/19, AILA, the American Bar Association, the National Association of Immigration Judges, and the Federal Bar Association joined a press call to discuss the need for an immigration court system independent of the DOJ.
DHS Issues Statement Regarding Enforcement Actions During Tropical Storm Barry
DHS issued a statement in light of Tropical Storm Barry, stating that, “there will be no immigration enforcement initiatives associated with evacuations or sheltering related to the storm, except in the event of a serious public safety threat.”
Legal Associations Call for Independent Immigration Court System
On 7/11/19, the American Immigration Lawyers Association, the American Bar Association, the National Association of Immigration Judges, and the Federal Bar Association sent a letter to Congress calling for an immigration court system independent of the DOJ.
CA9 Upholds Denial of Sua Sponte Reopening Where Conviction Underlying Petitioner’s Removal Order Was Vacated
The court held that petitioner did not establish that the BIA irrationally departed from a settled practice of granting sua sponte reopening when a conviction underlying a removal order is vacated, or that the vacatur was an “exceptional circumstance.” (Menendez-Gonzalez v. Barr, 7/11/19)