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
BIA Orders Further Consideration of MTR Denied Under Matter of Bermudez-Cota
Unpublished BIA decision remands for further consideration of MTR where IJ issued form order citing Matter of Bermudez-Cota, 27 I&N 441 (BIA 2018), but provided no explanation for what proposition the case was being used. Special thanks to IRAC. (Matter of Gomes, 3/8/19)
BIA Holds Possession of More Than 50 Pounds of Marijuana Not an Aggravated Felony
Unpublished BIA decision holds possession of more than 50 pounds of marijuana under Texas Health & Safety Code 481.121 is not an aggravated felony because it doesn't require distribution and is punishable as a misdemeanor under federal law. Special thanks to IRAC. (Matter of Joseph, 3/7/19)
CA9 Says BIA May Consider Sentencing Enhancements When a Petitioner Has Been Convicted of a Per Se Particularly Serious Crime
The court denied the petition for review, holding that the BIA appropriately considered sentencing enhancements when it determined that the petitioner was convicted of a per se particularly serious crime and was therefore ineligible for withholding of removal. (Mairena v. Barr, 3/7/19)
CA3 Finds Constructive Physical Presence Doctrine Cannot Transmit Citizenship
Affirming the district court, the court held that even if the petitioner's father was a U.S. citizen, he did not transmit citizenship under a constructive physical presence theory to his Czechoslovakian-born son pursuant to the Immigration and Nationality Act of 1952. (Madar v. USCIS, 3/7/19)
CA9 Holds Asylum Seekers Have Constitutional Right to Federal Court Review of Expedited Removal Orders
The court reversed the district court’s dismissal of the petition for lack of subject matter jurisdiction, holding that 8 U.S.C. § 1252(e)(2) violates the Suspension Clause as applied to Thuraissigiam, and remanded. (Thuraissigiam v. DHS, 3/7/19)
AILA Joins Senators in Call for Immigration Court Reform and Access to Counsel
AILA welcomes the introduction of the “Immigration Court Improvement Act of 2019” and the “Fair Day in Court for Kids Act of 2019” in the U.S. Senate; the bills would provide safeguards for children and adults and help shore up immigration courts’ independence.
S.___: Fair Day in Court for Kids Act of 2019
On 3/6/19, Sen. Mazie Hirono (D-HI), along with Sen. Catherine Cortez Masto (D-NV) and Sen. Jeff Merkley (D-OR), announced the Fair Day in Courts for Kids Act of 2019, which would provide legal representation for unaccompanied immigrant children during removal proceedings. AILA endorses this bill.
S.___: Immigration Court Improvement Act of 2019
On 3/6/19, Senator Mazie Hirono (D-HI), along with Senator Catherine Cortez Masto (D-NV) and Senator Jeff Merkley (D-OR), announced the Immigration Court Improvement Act of 2019, would help insulate immigration judges from political interference or manipulation. AILA endorses this bill.
AILA Issues Statement for House Judiciary Hearing on Protecting Dreamers and TPS Recipients
AILA submitted a statement to the House Judiciary Subcommittee on Immigration for the March 6, 2019, hearing on “Protecting Dreamers and TPS Recipients.”
CA5 Finds Petitioner Met Obligation of INA §240(1)(F) by Informing ICE of Address Change
The court vacated the BIA's order denying petitioner's motion to reopen and remanded, holding that petitioner satisfied her obligation to provide her new address to the Attorney General as required by INA §240(1)(F) by notifying ICE of her change of address. (Fuentes-Pena v. Barr, 3/6/19)
CA11 Upholds Policy That Bars DACA Recipients from Attending Selective Universities in Georgia
The court upheld the policy of the Board of Regents for the University System of Georgia that bars the enrollment of DACA recipients in selective state universities, finding that the policy had a rational basis and was not preempted by federal law. (Estrada v. Becker, 3/6/19)
CA11 Finds Noncitizen Who Indicated He Was a U.S. Citizen on Driver's License Application Is Inadmissible
The court held that it lacked jurisdiction to review the factual finding that the petitioner, a noncitizen, did not intend to make a false representation of citizenship when he checked the box indicating he was a U.S. citizen on his driver's license application. (Patel v. Att'y Gen., 3/6/19)
CA8 Upholds Denial of Asylum to Petitioner Who Feared Persecution in Guatemala Due to His Mam Ethnicity
The court held that the petitioner, who feared persecution on account of his Mam ethnicity from the Zetas criminal organization and others if returned to Guatemala, failed to establish an objective nexus between fear of future persecution and a protected ground. (Martin v. Barr, 3/5/19)
USCIS Extension of Comment Period on Proposed Revisions to Form I-881
USCIS 30-day extension of a comment period originally announced at 83 FR 62338 on 12/3/18 on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. Comments are now due 4/4/19. (84 FR 7929, 3/5/19)
CA2 Says Conspiracy to Commit Money Laundering Is an Aggravated Felony
The court denied the petition for review, holding that conspiracy to commit money laundering pursuant to 18 USC §1956(h) constitutes an aggravated felony under INA §101(a)(43)(D). (Barikyan v. Barr, 3/4/19)
BIA Remands Following Placement on U Visa Waiting List
Unpublished BIA decision remands for further consideration of request for continuance following issuance of letter by USCIS stating that respondent qualified for a U visa and was being placed on the waiting list. Special thanks to IRAC. (Matter of Torres, 3/4/19)
DHS Releases Annual Report on Immigration Enforcement Actions in 2017
DHS OIS released a report on DHS immigration enforcement actions in 2017. Compared to 2016, DHS made 13 percent fewer apprehensions, 21 percent fewer determinations of inadmissibility, and performed 11 percent fewer removals. Intakes into immigration detention decreased by eight percent.
CA8 Finds Inconclusive Record Renders Petitioner with Criminal Attempt Conviction Ineligible for Cancellation of Removal
The court upheld the BIA, finding that because the record was inconclusive as to whether the petitioner's conviction for attempted criminal impersonation in Nebraska was a crime involving moral turpitude, the petitioner was not eligible for cancellation of removal. (Pereida v. Barr, 3/1/19)
Acting AG Refers BIA Case to Himself and Invites Amicus Regarding “Particular Social Group” Membership
The Acting AG referred a BIA decision to himself for review whether an individual may establish persecution on account of membership in a “particular social group” based on membership in a family unit. Amicus briefs are now due by 3/13/19. Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018)
DHS Notice of Availability for Policy Guidance Related to Implementation of the Migrant Protection Protocols
DHS notice of the availability of certain policy guidance documents on the Migrant Protection Protocols. (84 FR 6811, 2/28/19)
Complaint Urges Immediate Release of Infants from Detention
AILA, the American Immigration Council, and CLINIC filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and the Office of the Inspector General (OIG) calling for the immediate release of numerous babies who are detained at the South Texas Family Residential Center (STFRC).
Physicians for Human Rights Sends Letter Detailing the Health Risks for Infants in Detention
On February 28, 2019, Physicians for Human Rights sent a letter to DHS Secretary Kirstjen Nielsen regarding the inherent health risks for infants in detention.
Practice Pointer: Understanding and Addressing the “Five-Year Bar” When Applying for a Visa
The DOS Liaison Committee issued a practice pointer on the five-year bar under INA §212(a)(6)(B) and the grounds of inadmissibility for an individual who without reasonable cause, fails to appear for a removal proceeding or has an in absentia removal order and is now seeking admission to the U.S.
CA6 Upholds Denial of Motion to Reopen In Absentia Removal Order Where Petitioner Claimed Nonreceipt of NTA
The court affirmed the denial of the motion to reopen petitioner's in absentia removal order, concluding that the BIA did not abuse its discretion in determining that the petitioner failed to overcome the presumption of delivery of the Notice to Appear (NTA). (Santos-Santos v. Barr, 2/28/19)
BIA Grants Good Faith Marriage Waiver Based on Credible Testimony
Unpublished BIA decision reverses finding that respondent did not marry former husband in good faith because she testified that she married for love and the IJ did not render an adverse credibility finding. Special thanks to IRAC. (Matter of Kouandi, 2/28/19)