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
CA2 Upholds Asylum Denial to Petitioner Convicted of First-Degree Assault in Connecticut
The court held that the petitioner’s conviction for first-degree assault in Connecticut was an aggravated felony, and that the invalidation of 18 USC §16(b) in Sessions v. Dimaya did not necessitate a remand to the BIA for consideration of this issue. (Banegas Gomez v. Barr, 4/23/19)
CA5 Says 30-Day Filing Deadline in INA §242(b)(1) Applies to the Savings Provision in INA §242(a)(2)(D)
The court held it lacked jurisdiction under INA §242(a)(2)(D)’s savings provision to consider petitioner’s collateral attack on her reinstated in absentia removal order, because a petition for review of the underlying removal order was not filed within 30 days. (Luna-Garcia v. Barr, 4/22/19)
DOS Final Rule on Discontinuance of Visa Grants Pursuant to INA §243(d)
DOS final rule setting out the procedures that consular officers in a country subject to sanctions under INA §243(d) for refusal to accept one or more of its nationals ordered removed from the U.S. must follow to discontinue granting certain visas to nationals of that country. (84 FR 16610, 4/22/19)
BIA Holds New York Theft of Services Not a CIMT
Unpublished BIA decision holds theft of services under N.Y.P.L. 165.15(3) is not a CIMT because it does not require intent to deprive an owner of property and lacks a sufficiently reprehensible and depraved fraudulent intent component. Special thanks to IRAC. (Matter of Gil Cabral, 4/22/19)
BIA Holds Vacated Plea No Longer Valid for Immigration Purposes
Unpublished BIA decision holds that guilty plea vacated because criminal attorney did not advise respondent of adverse immigration consequences is no longer a conviction for immigration purposes. Special thanks to IRAC. (Matter of Isaac Napoles, 4/22/19)
Former IJ Jeffrey Chase Discusses a Better Approach to “Unable or Unwilling” Analysis
Former Immigration Judge Jeffrey Chase discussed the Sixth Circuit decision in K.H. v. Barr and the insurmountable hurdle for K.H. to establish that the government of Guatemala was unable or unwilling to control the gang members who had persecuted her.
Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal
AILA’s Asylum and Refugee Committee provided this practice pointer with tips to help ensure proper completion of Form I-589, Application for Asylum and Withholding of Removal.
CA3 Says That Disparate Treatment in INA §309 Is Rationally Related to Legitimate Government Interests
The court denied the petition for review, holding that INA §309, which treats adopted and biological children differently for automatic derivative citizenship purposes, is rationally related to advancing legitimate government interests. (Cabrera v. Att'y Gen., 4/19/19)
USCIS Issues Policy Alert on Controlled Substance-Related Activity and Good Moral Character Determinations
USCIS issued guidance to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be a state law offense. Effective 4/19/19. Comment period ends 5/2/19.
BIA Reverses Denial of Adjustment Based on Lack of Good Moral Character and Marital Bona Fides
Unpublished BIA decision holds that IJ erroneously denied adjustment based on lack of good moral character and bona fides of marriage because former is not a statutory requirement and latter was demonstrated by approval of Form I-130. Special thanks to IRAC. (Matter of Mosli, 4/19/19)
BIA Holds That Canada Fraud Statute Is Not a CIMT
Unpublished BIA decision affirms that categorical approach applies to foreign convictions and holds that fraud under section 380(b)(1) of the Criminal Code of Canada is not a CIMT. Special thanks to IRAC. (Matter of Omer, 4/18/19)
CA11 Upholds Asylum Denial to Salvadoran Who Received Gang Threats, over Dissent
In an unpublished decision, the court rejected the petitioner’s claim that the Atlanta Immigration Court (AIC) had denied her equal protection rights. The dissent noted that the petitioner’s statistics regarding the AIC merited further inquiry by the BIA. (Diaz-Rivas v. Att’y Gen., 4/18/19)
BIA Affirms IJ’s Decision to Terminate Removal, Finding Fraud Conviction Not a CIMT
In an unpublished BIA decision, the BIA affirmed the Immigration Judge’s decision to terminate removal proceedings, finding that the crime of fraud under $5,000, in violation of section 380(1)(b) of the Criminal Code of Canada is not a CIMT. Courtesy of Richard Hanus.
NWIRP Reaches Settlement with DOJ in EOIR Cease-and-Desist Letter Case
In a settlement agreement with NWIRP, DOJ agreed to issue a new rule clarifying that attorneys are not required to file a notice of appearance with EOIR when providing consultations and legal advice to unrepresented respondents in removal proceedings. (NWIRP v. Sessions, 4/17/19)
New York’s Office of the Chief Administrative Judge Issues Protocol Governing Activities in Courthouses
The State of New York’s Office of the Chief Administrative Judge issued a memo governing activities in courthouses by law enforcement agencies, including ICE, stating that ICE can no longer arrest undocumented immigrants inside New York courthouses unless they have a warrant signed by a judge.
AILA: AG Aims to Detain Asylum Seekers, Intruding Further on Immigration Court Independence
In response to the AG’s decision in Matter of M-S-, AILA Treasurer Jeremy McKinney stated, “This decision further expands mandatory and prolonged detention of people who are neither dangerous nor flight risks, practices which are constitutionally suspect and a waste of taxpayer money.”
Attorney General Barr Strips Bond Eligibility From Asylum Seekers: Matter Of M-S- Analysis And Q&A
AILA, NIJC, Human Rights First, and Women’s Refugee Commission provide analysis and Q&A on Matter of M-S-.
AILA Quicktake #263: Attorney General Issues a Decision in Matter of M-S-
AILA’s Director of Government Relations Greg Chen discusses Matter of M-S-.
BIA Holds Maryland Malicious Destruction of Property Not a CIMT
Unpublished BIA decision holds that malicious destruction of property under Md. Code Ann., Crim. Law 6-301 is not a CIMT because it requires no aggravating factors. Special thanks to IRAC. (Matter of S-S-G-W-, 4/17/19)
CA7 Says BIA Erred in Finding Petitioner’s New Jersey Conviction for Assault with a Deadly Weapon Was a CIMT
The court granted the petition for review and remanded, finding that the BIA committed several legal errors when it concluded that the petitioner’s conviction for assault with a deadly weapon in New Jersey was a crime involving moral turpitude (CIMT). (Garcia-Martinez v. Barr, 4/16/19)
AG Finds Individual Who Is Transferred from Expedited Removal to Full Removal Is Ineligible for Release on Bond
The Attorney General found that if an individual is transferred from expedited removal to full removal proceedings after establishing credible fear, he is ineligible for bond and must be detained, unless he is granted parole. Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Homeland Security Advisory Council’s CBP Families and Children Custody Panel Issues Report on Individuals in CBP Custody
The Homeland Security Advisory Council’s CBP Families and Children Custody Panel released a report that provides findings and recommendations on the best practices from federal, state, and local organizations regarding care for families and children in CBP custody.
CA4 Finds There Is No Right to “Family Unity” Limiting ICE Detainee Transfers
The court affirmed the district court’s dismissal of a lawsuit challenging the constitutionality of ICE’s detainee transfer practices, finding that there is no substantive due process right to family unity in the context of immigration detention pending removal. (Reyna v. Hott, 4/16/19)
CA8 Says INA §236(a) Contains No Reasonableness Limitation on Pre-Removal Order Detention
The court reversed the district court’s order granting the habeas petition, finding that the district court erred when it concluded that pre-removal order detention under INA §236(a) is limited to “the period reasonably necessary to receive a removal decision.” (Ali v. Brott, 4/16/19)
BIA Terminates Proceedings After Finding Kidnapping Is Not a Removable Offense
The BIA terminated proceedings and dismissed the government’s appeal after finding that under the plain language of INA §101(a)(43)(H), kidnapping in violation of 18 U.S.C. § 1201(a) (2012) is not an aggravated felony. Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019)