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
CA5 Rules in Favor of Government Where Asylum-Seeking Appellants Were Separated from Children and Deported
The court affirmed the district court’s judgment in favor of the government, holding that nothing in INA §235(b)(1)(A)(ii) prevents the government from initiating a criminal prosecution before or during the mandated asylum process. (United States v. Vasquez-Hernandez, et al., 5/8/19)
BIA Holds Offering to Transport Cocaine in California Not an Aggravated Felony
Unpublished BIA decision holds that offering to transport cocaine under Cal. Health & Safety Code 11352(a) is not an aggravated felony because solicitation offenses are not punishable under the Controlled Substances Act. Special thanks to IRAC. (Matter of Escobar, 5/7/19)
BIA Holds Minnesota Threats of Violence Not a CIMT
Unpublished BIA decision holds that threat of violence under Minn. Stat. 609.713, subd. 1 is not a CIMT in light of the state court cases cited in Avendano v. Holder, 770 F.3d 731 (8th Cir. 2014). Special thanks to IRAC. (Matter of Osman, 5/7/19)
EOIR 60-Day Notice and Request for Comments on Form EOIR-26
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are due 7/8/19. (84 FR 19960, 5/7/19)
DHS Notice of Meeting of Homeland Security Advisory Council
DHS notice that the Homeland Security Advisory Council will meet in person in Washington, D.C. on 5/21/19. Part of the meeting will be open to the public. During the meeting, the council will receive an update from the Families and Children Care Panel subcommittee. (84 FR 19928, 5/7/19)
CA5 Finds BIA Did Not Err in Declining to Evaluate Reformulated PSG
The court affirmed the BIA’s order denying the petitioners’ applications for asylum and withholding of removal, finding that the BIA did not err by refusing to consider the petitioners’ reformulated particular social group (PSG) on appeal. (Cantarero-Lagos, et al., v. Barr, 5/6/19)
ICE Creates Program for Local Law Enforcement to Honor Immigration Detainers
ICE created the Warrant Service Officer (WSO) program designed for local law enforcement that wish to honor immigration detainers but are prohibited due to state/local policies that restrict cooperation. The new program is “limited in scope” but allows these jurisdictions to cooperate with ICE.
BIA Grants Motion to Change Venue Denied by IJ in Atlanta
Unpublished BIA decision grants change of venue from Atlanta to Los Angeles where IJ repeatedly denied prior motions in summary fashion and where respondent, her attorney, and all witnesses resided in California. Special thanks to IRAC. (Matter of Padilla, 5/6/19)
BIA Vacates Denial of Cancellation of Removal Because DHS Did Not Oppose Grant of Relief
Unpublished BIA decision states that “[w]hen DHS gives notice to the court that it does not oppose a grant of a requested form of relief, that relief ordinarily should be granted absent a compelling reason not do to so.” Special thanks to IRAC. (Matter of I-S-M-H-, 5/3/19)
CA9 Finds Honduran Boy Should Have Been Advised of Apparent Eligibility for SIJ Status
The court granted the petition for review and remanded, concluding that the IJ erred by failing to advise the 14-year-old Honduran petitioner that he was an at-risk child potentially eligible for relief as a Special Immigrant Juvenile (SIJ). (C.J.L.G. v. Barr, 5/3/19)
CA2 Finds Petitioner Convicted of Third-Degree Burglary in Connecticut Is No Longer Subject to Removal Proceedings
The court held that petitioner was no longer subject to removal proceedings in light of the Supreme Court’s ruling in Sessions v. Dimaya, because the basis for his removal was the finding that his conviction was a crime of violence as defined in 18 USC §16(b). (Genego v. Barr, 5/2/19)
AILA Submits Amicus Brief Arguing Term “CIMT” Is Impermissibly Vague
AILA and other groups submitted an amicus brief to the Ninth Circuit Court of Appeals in Islas-Veloz v. Barr arguing that the term “Crime Involving Moral Turpitude” as used in the INA is impermissibly vague, and supports petitioner’s request for a panel rehearing or rehearing en banc.
BIA Terminates Proceedings Because Criminal Conviction Was on Direct Appeal
Unpublished BIA decision upholds termination of proceedings in light of letter from criminal appellate attorney attesting that respondent’s case was on direct appeal and related to a substantive defect in the underlying proceedings. Special thanks to IRAC. (Matter of Castillo, 5/2/19)
BIA Holds Possession of Prohibited Substance in Prison Not a CIMT
Unpublished BIA decision holds that possession of prohibited substance or alcohol in a prison setting under Cal. Penal Code 4573.6(a) is not a CIMT because it applies to non-narcotic pain relievers and antibiotics. Special thanks to IRAC. (Matter of De Frias De Sousa, 5/2/19)
EOIR Notice and Request for Comments on Form EOIR-26
EOIR notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. The deadline for comments has been extended to 7/8/19 by a new notice published at 84 FR 19960. (84 FR 18586, 5/1/19)
BIA Remands, Finding that a Subsequent Notice of Hearing Can “Perfect” a Deficient NTA
The BIA held that if a NTA does not specify time/place of initial removal hearing, the subsequent service of a notice with that information “perfects” the deficient NTA and triggers the stop-time rule. Matter of Mendoza-Hernandez and Matter of Capula-Cortes, 27 I&N Dec. 520 (BIA 2019)
USCIS Provides Approximate Count of DACA Receipts Since January 2018 Injunction
USCIS provided the approximate count, as of 4/30/19, of DACA applications received since 1/10/18, the day after a district court directed the government to partially maintain the DACA program. The count is broken down by DACA expiration date and adjudicative status (approved, denied, and pending).
CLINIC Provides Overview of Matter of M-S-
CLINIC provided an overview of the Attorney General decision in Matter of M-S-, which limits immigration judges’ custody redetermination, or bond, authority for asylum seekers who enter between ports of entry. The overview includes information on the impact and challenges to the decision.
USCIS Updates Officer Training on Credible Fear of Persecution and Torture Determinations
USCIS updated its Refugee, Asylum, and International Operations (RAIO) Directorate Officer Training course on credible fear of persecution and torture determinations, to explain how to determine whether an individual subject to expedited removal or an arriving stowaway has a credible fear.
USCIS Releases Data on Approximate Number of Pending DACA Applications
USCIS released a report on the approximate number of pending DACA renewal applications with expired DACA, and an approximate number of DACA initial applications pending as of 4/30/19.
USCIS Releases Demographical Data on Approximate Active DACA Recipients
USCIS released data on the approximate number of active DACA recipients by birth, state or territory of residence, core based statistical area, sex, age, and marital status. This report contains data through 4/30/19.
CA9 Upholds BIA’s Decision Not to Certify Ineffective Assistance of Counsel Claim for Review Under 8 CFR §1003.1(c)
The court held that the BIA’s decision not to certify a claim is committed to agency discretion and, in this case, was not subject to judicial review. (Idrees v. Barr, 12/13/18, amended 4/30/19)
BIA Holds Illinois Unlawful Restraint Not a CIMT
Unpublished BIA decision holds that unlawful restraint under 720 Ill. Comp. Stat. 5/10-3 is not a CIMT because there is no minimum amount of time for which the victim must be restrained. Special thanks to IRAC. (Matter of Peraza Aguilar, 4/30/19)
Massachusetts Officials File Lawsuit Challenging ICE’s Policy of Making Immigration Arrests in State Courthouses
Massachusetts prosecutors, public defenders, and advocacy groups filed a lawsuit in the U.S. District Court for the District of Massachusetts challenging ICE’s policy of conducting civil immigration arrests inside of state courthouses in Massachusetts. (Ryan, et al. v. ICE, et al., 4/29/19)
DOJ Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B
DOJ notice and request for comments on proposed revisions to Form EOIR-42A and Form EOIR-42B. Comments are due 5/28/19. (84 FR 17891, 4/26/19)