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
Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap
The ACLU and advocates provide a practice advisory on the constitutional challenges to mandatory immigration detention after Nielsen v. Preap that authorizes ICE to impose mandatory detention any time after an individual’s predicate criminal offense.
CA9 Defers to Cortes Medina to Hold That California Conviction for Indecent Exposure Is a CIMT
Denying the petition for review, the court deferred to the BIA’s decision in Matter of Cortes Medina, which held that a conviction for indecent exposure under California Penal Code §314(1) is categorically a crime involving moral turpitude (CIMT). (Betansos v. Barr, 7/5/19)
CA8 Upholds BIA’s Denial of Motion to Reopen Based on Claim of Lack of Notice
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen his 1994 in absentia deportation proceedings based on a claim of lack of notice. (Pinos Gonzalez v. Barr, 7/5/19)
BIA Terminates Removal Proceedings After Finding Conviction for Theft in Texas Was Not a CIMT
Unpublished BIA decision holds that respondent’s conviction for theft in Texas under Texas Penal Code §31.03(a) was not a crime involving moral turpitude (CIMT), and that Matter of Diaz-Lizarraga should not be applied retroactively. Courtesy of Imran Mirza. (Matter of Herrera, 7/5/19)
Practice Pointer: How to Locate Clients that Have Been Apprehended by ICE
AILA provides a practice pointer on best practices and tips for effectively locating clients that have been apprehended by U.S. Immigration and Customs Enforcement (ICE).
AILA and Partners Submit Amicus Brief Concerning Judicial Deference
AILA and partners urge the Eleventh Circuit to reverse its judgment and submitted an amicus brief in Barton v. Barr on whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] inadmissible” for purposes of the stop-time rule.
BIA Grants Motion to Change Venue That Was Not Solely Due to Proximity to Immigration Court
Unpublished BIA decision grants motion to change venue to Boise where respondent lived closer to Salt Lake City but was willing to travel additional 30 miles to be represented by her existing attorney. Special thanks to IRAC. (Matter of Mendez Perez, 7/3/19)
CA7 Finds BIA Properly Classified Illinois Controlled Substance Convictions as Aggravated Felonies
The court held that the petitioner’s drug convictions qualified as “illicit trafficking” aggravated felonies under INA §101(a)(43)(B) even though they did not involve remuneration, because they were punishable as felonies under the Controlled Substances Act. (Lopez Gamero v. Barr, 7/3/19)
CA7 Remands for a Second Time Withholding and CAT Claims of Former MS-13 Gang Member from El Salvador
The court held that the IJ and BIA must take fair notice of the corroboration found in the evidence that the petitioner had submitted and take that corroboration into account in evaluating his withholding of removal and Convention Against Torture (CAT) claims. (Arrazabal v. Barr, 7/3/19)
ICE Announces the Removal of 37 Cambodian Nationals
ICE announced that 37 Cambodian nationals were repatriated in accordance with their final removal orders. ICE noted that removals to Cambodia increased 279 percent from FY2017 to FY2018 and that there are approximately 1,900 Cambodian nationals in the United States with final orders of removal.
EOIR Final Rule on Administrative Review Procedures
EOIR final rule to amend the regulations regarding the administrative review procedures of the BIA. The rule is effective 9/3/19. (84 FR 31463, 7/2/19)
EOIR 30-Day Extension of Comment Period on Proposed Revisions to Forms EOIR-42A and EOIR-42B
EOIR 30-day extension of a comment period originally announced at 84 FR 17891 on 4/26/19 on proposed changes to Forms EOIR-42A and EOIR-42B. Comments are now due 8/1/19. (84 FR 31627, 7/2/19)
AILA: AG Attempts Power Grab over Immigration Appeals
The administration published a rule which would authorize the attorney general (AG) “to singlehandedly designate Board of Immigration Appeals decisions as precedent—and do so literally overnight, bypassing the necessary legal procedures and without any checks and balances.”
CA3 Finds BRA Release Order Does Not Foreclose ICE Detention During Pendency of Removal Proceedings
The court held that ICE may detain a defendant during the pendency of removal proceedings pursuant to INA §236(a)(1), notwithstanding a parallel criminal action subject to the Bail Reform Act (BRA). (United States v. Soriano Nunez, 7/2/19)
BIA Holds Possession of Drug Paraphernalia in Utah Is Not a Controlled Substance Offense
Unpublished BIA decision holds possession of drug paraphernalia under Utah Code Ann. 58-37A-5(1)(a) is not a controlled substance offense because statute schedule includes non-federally controlled substances and statute is indivisible. Special thanks to IRAC. (Matter of Gonzalez, 7/1/19)
CA1 Finds Venezuelan Petitioner Showed Reasonable Likelihood He Would Face Persecution Based on Political Opinion
The court reversed BIA’s denial of the petitioner’s untimely motion to reopen his removal proceedings and remanded, holding that country conditions in Venezuela had worsened in a manner that was material to the petitioner’s asylum and withholding of removal claims. (Cabas v. Barr, 7/1/19)
Bite-Sized Ethics: Withdrawing When a Client Goes MIA
If you don't hear from a client after several attempts at communication, do you have the have grounds for withdrawal? In this bite-sized ethics article, learn more about the circumstances in which an attorney can withdraw without violating ethics rules.
EOIR Releases Percentage of DHS-Detained Cases Completed Within Six Months for Third Quarter of FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. As of 6/30/19, 92 percent of initial case completions took less than six months.
EOIR Releases Statistics on Decision Outcomes for Third Quarter of FY2019
EOIR released statistics on outcomes of initial case decisions for the third quarter of FY2019 (through 6/30/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
Documents Related to New York Lawsuit Challenging the Rescission of DACA
The Supreme Court granted certiorari to consider the issue of DHS's decision to rescind the DACA program. The Court consolidated this case together with DHS v. Regents of the University of California. (McAleenan v. Batalla Vidal, 6/28/19)
Documents Related to NAACP’s Lawsuit Challenging the Rescission of DACA
The Supreme Court granted certiorari to consider the issue of DHS’s decision to rescind the DACA program. The Court consolidated this case together with DHS v. Regents of the University of California. (Trump v. NAACP, 6/28/19)
BIA Finds Arizona Drug Statute Not a Controlled Substance Offense
Unpublished BIA decision finds Ariz. Rev. Stat. Ann. 13-3408(A)(2) is not a controlled substance offense because state drug schedule is overbroad and Ninth Circuit does not require examples of actual prosecutions. Special thanks to IRAC. (Matter of Arredondo-Avendano, 6/28/19)
BIA Holds Texas Theft Statute Not a CIMT Prior to Matter of Diaz-Lizarraga
Unpublished BIA decision holds that Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016), cannot be retroactively applied to convictions for theft under Tex. Penal Code 31.03. Special thanks to IRAC. (Matter of Sanchez-Robledo, 6/28/19)
BIA Dismisses Appeal After Finding N-550 Does Not Confer Citizenship Status if Acquired Unlawfully
The BIA found respondent removable because it is not necessary to show intent to establish he is deportable for making a false representation of U.S. citizenship and that a Form N-550 does not confer citizenship status if acquired unlawfully. Matter of Zhang, 27 I&N Dec. 569 (BIA 2019)
CA5 Denies Recovery of Attorneys’ Fees Where Government Was Prevailing Party on Majority of Petitioners’ Claims
The court held that, when viewed as an inclusive whole, the government was substantially justified in denying Convention Against Torture protection to petitioners, and the petitioners were ineligible for an Equal Access to Justice Act (EAJA) award. (W.M.V.C. v. Barr, 6/7/19, amended 6/28/19)