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
Black Immigrant History is Part of Black History Month
In this blog post, part of the AILA Diversity & Inclusion series, AILA Second Vice President Allen Orr recognizes Black History Month, shares important research and analysis, and writes, “In the drive for immigration reform, black immigrants must not be forgotten or left out of the equation.“
Annual CBP Reports Assessing Efforts to Prevent, Detect, and Respond to Sexual Abuse in Holding Facilities
CBP released its FY2017 report documenting efforts to prevent, detect, and respond to sexual abuse and assault in CBP holding facilities. During FY2017, seven detainees alleged sexual abuse. Data suggests that alleged victims self-report to various third parties after leaving CBP custody.
CA9 Reverses Asylum Denial Where BIA Misapplied Firm Resettlement Rule
The court granted in part the petition for review of the BIA's denial of the Cameroonian petitioner's asylum claims and remanded, holding that the BIA committed three errors in its application of the firm resettlement rule. (Arrey v. Barr, 2/26/19)
CA5 Upholds Denial of Asylum to Member of Minority Clan in Somalia
The court denied the petition for review, holding that substantial evidence supported the BIA’s determination that the petitioner had failed to show that he would suffer persecution in Somalia because he belonged to the Ashraf minority clan. (Qorane v. Barr, 3/26/19)
AILA and Others Submits Amicus Brief on Definition of Obstruction of Justice
AILA and other advocates submitted an amicus brief in Valenzuela Gallardo v. Barr, arguing that the Ninth Circuit should grant the petition for review and vacate the BIA decision, finding that the BIA’s broader definition of “obstruction of justice” was unreasonable.
CA DOJ Releases Report on Immigration Detention Facilities
California’s DOJ issued a report on the immigration detention facilities in California, stating “The report is an important step forward in understanding the conditions under which civil immigration detainees are living, including their access to critical health and legal resources.”
ICE Releases Written Statement for House Judiciary Hearing on Family Separation
ICE released the written statement of ICE Acting Executive Associate Director of Enforcement and Removal Operations Nathalie Asher for the hearing on oversight of the Trump administration’s family separation policy before the House Judiciary Committee.
ICE/CBP Issues Joint Statement After Mother Delivers Stillborn Baby in Custody
ICE and CBP issued a joint statement after a 24-year old Honduran woman went into premature labor and delivered a stillborn baby at the Port Isabel Detention Center.
AILA Submits Amicus Brief on Good Moral Character and Multiple DUIs
AILA submitted an amicus brief in Matter of Castillo-Perez, urging the attorney general to reject a call for a per se good moral character bar or a heightened discretionary standard for cancellation of removal applicants with DUI offenses.
BIA Reopens Proceedings Sua Sponte For Adjustment Application Under INA 245(i)
Unpublished BIA decision reopens proceedings sua sponte for INA 245(i) adjustment in light of respondent’s long-term residence, flight from Guatemala during the civil war, and hardship to her LPR husband and U.S. citizen children. Special thanks to IRAC. (Matter of Gamboa Gomez, 2/25/19)
CA7 Denies CAT Relief to Bisexual Petitioner Whose Father Was a Member of an Opposition Political Party in Guinea
The court found that petitioner had failed to establish that he more likely than not would be tortured if removed to Guinea due to his sexual orientation and father’s past political affiliation, and thus upheld the denial of Convention Against Torture (CAT) relief. (Barry v. Barr, 2/22/19)
CA8 Finds Conviction Vacated for Rehabilitative Reasons Was Still a Conviction for Immigration Purposes
The court denied the petition for review, finding that the subsequent vacatur for rehabilitative reasons of the petitioner's Iowa criminal conviction did not change the fact that the petitioner had a conviction for immigration purposes under INA §101(a)(48)(A). (Zazueta v. Barr, 2/22/19)
EOIR Issues Memo on Its Strategic Caseload Reduction Plan
EOIR issued a redacted version of its strategic caseload reduction plan pursuant to an AILA FOIA request.
Shining Some FOIA Light on the Immigration Courts
AILA Senior Policy Counsel Laura Lynch describes an EOIR memo, obtained via FOIA by AILA and the American Immigration Council, which lays out a plan, purportedly to lessen the immigration court backlog but which has done the opposite, bloating the backlog and undermining due process.
Notice of Final Settlement Regarding Telephone Access in Immigration Detention
Settlement agreement and notice in the class action lawsuit, Lyon, et. al. v. ICE, involving current and future adult immigration detainees held by ICE in Contra Costa County, Kern County, Sacramento County, or Yuba County, and telephone access.
AILA’s Policy Brief: FOIA Reveals EOIR’s Failed Plan for Fixing the Immigration Court Backlog
AILA issued a policy brief analyzing EOIR’s failed plan for reducing the immigration court case backlog. Contrary to EOIR’s stated goals, the agency’s “Strategic Caseload Reduction Plan” exacerbated the due process crisis in the immigration courts and in some instances, contributed to the backlog.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/19 and ending 3/31/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.38 per centum per annum. (84 FR 5560, 2/21/19)
AILA Press Call on EOIR Memo Obtained via FOIA About Reducing the Immigration Court Backlog
AILA Senior Policy Counsel Laura Lynch and the American Immigration Council’s Deputy Legal Director Emily Creighton joined retired Immigration Judge Paul Schmidt and AILA Treasurer Jeremy McKinney to discuss an EOIR memo on the immigration court backlog that was obtained through FOIA.
Language Access Has Life-or-Death Consequences for Migrants
The Center for American Progress issued a report on the responsibility of the Border Patrol to provide meaningful interpretation and translation services to migrants who speak indigenous languages as well as resources available for the Border Patrol to promote language access.
CA8 Says Petitioner's Convictions in Missouri for Passing a Bad Check Are CIMTs
Applying the modified categorical approach, the court denied the petition for review, concluding that the petitioner's four Missouri convictions for passing a bad check qualified as crimes involving moral turpitude (CIMTs). (Dolic v. Barr, 2/20/19)
CLINIC Submits Brief Regarding “Particular Social Group” Membership
CLINIC submitted a brief in Matter of L-E-A-, and argued that the Attorney General should reaffirm that immediate family units qualify as particular social groups and that the statutory one central reason test applies to such claims.
BIA Reopens and Terminates Proceedings Sua Sponte Following Withdrawal of Guilty Plea
Unpublished BIA decision reopens and terminates proceedings sua sponte following withdrawal of guilty plea to the controlled substance-related offense pursuant to Cal. Penal Code 1203.43. Special thanks to IRAC. (Matter of Uribe, 2/19/19)
BIA Terminates Proceedings Against Respondent in Dimaya
Unpublished BIA decision terminates proceedings against respondent from Sessions v. Dimaya upon finding burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Dimaya, 2/19/19)
AILA Sends Response Letter to EOIR on Discipline Policy Memo
On 2/15/19, AILA sent a letter to EOIR Director McHenry to express concern with the continued imbalance in the treatment of counsel appearing before EOIR components perpetuated by the 12/18/18 memo, “Internal Reporting of Suspected Ineffective Assistance of Counsel and Professional Misconduct.”
CA8 Denies Petition for Review for Gay Man from Bangladesh
The court found IJ/BIA correctly determined that asylum application filed more than six months after termination of student status was untimely; it also affirmed harm suffered did not rise to level of persecution for withholding or torture for CAT relief. (Lesum v. Barr, 2/15/19)