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
CA11 Remands to BIA to Determine Depth of IJ’s Inquiry Into Voluntariness in Ineffective Assistance Claim
The court found petitioner failed to order transcript, and held it could rely on IJ’s record reconstruction; here, record was inadequately memorialized, so CA11 determined it could be incomplete and remanded to determine the scope of the recreation. (Flores-Panameno v. Att’y Gen., 1/22/19)
Damaging Bill Is a Bait-and-Switch on Immigration
A bill slated for introduction in the Senate would fund President Trump’s border wall, but as AILA notes, it also includes many extreme provisions impacting asylum law, Temporary Protected Status holders, and more, that go far beyond what the president laid out in his recent speech.
AILA Quicktake #257: Senate Introduces Its Spending Bill
Greg Chen, Director of AILA's Government Relations, discusses the spending bill introduced by the Senate late Monday night. The bill includes many concerning provisions regarding DACA, TPS, and asylum policy.
CA9 Withdraws Opinion on Categorical Approach and Files Substitute Memorandum Disposition
The court withdraws an opinion filed on 8/29/18 and concurrently files a substitute memorandum disposition. The government’s petition for panel rehearing and motion for judicial notice are denied. No further petitions for rehearing en banc may be filed. (Lorenzo v. Whitaker, 1/17/19)
HHS OIG Issues Report on Separated Children Placed in ORR Care
HHS OIG issued a report finding that the total number of children separated from a parent or guardian by immigration authorities is unknown. The report found that thousands of children may have been separated during an influx that began in 2017, before the accounting required.
CA1 Upholds BIA Denial of MTR for Failure to Show Material Change in Country Conditions for Asylum
The court found gang and cartel violence in Mexico between 2012 and 2018 had not materially changed; rather, gang/cartel violence was a persistent problem and one that petitioner failed to prove would impact her as an “imputed American citizen.” (Garcia-Aguilar v. Whitaker, 1/16/19)
CA5 Upholds BIA Denial of Untimely Filed MTR, Finds No Relevant Exceptions
The court held motion to reopen denial based on ambiguous record of mailing address was not abuse of discretion; no jurisdiction to review changed country conditions as it’s question of fact; and no due process violation because no liberty interest exists in MTR. (Mejia v. Whitaker, 1/16/19)
BIA Holds Georgia Theft by Shoplifting Not a CIMT
Unpublished BIA decision holds that theft by shoplifting under Geo. Code Ann. 16-8-14 is not a CIMT because the statute does not require that the owner’s property rights be permanently or substantially eroded. Special thanks to IRAC. (Matter of Vo, 1/16/19)
CA9 Upholds BIA Denials of Asylum and Withholding, Affirms No Duress or De Minimus Exceptions to Material Support Bar
The court held Annachamy foreclosed duress argument, and, thus, was not colorable claim for jurisdiction over otherwise unreviewable determination; also held plain text of material support bar unambiguously contained no exception for de minimus funds. (Rayamajhi v. Whitaker, 1/15/19)
TRAC Reports that Cancelled Immigration Court Hearings Grow as Shutdown Continues
TRAC reports that as of 1/11/19, the estimated number of Immigration Court hearing cancellations due to the federal government shutdown reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000.
BIA Holds Florida Statute Not Sexual Abuse of a Minor
Unpublished BIA decision holds that traveling to meet a minor under Fla. Stat. 847.0135(4)(a) is not sexual abuse of a minor because it applies to victims aged 16 and over. Special thanks to IRAC. (Matter of Rodriguez-Danu, 1/11/19)
CA1 Upholds BIA Determination of Untimely MTR, Denies Jurisdiction to Review BIA Decision to Not Exercise Sua Sponte Authority to Reopen
The court affirmed I-130 filed after removal order was not statutory exception to deadline, nor was it extraordinary circumstance to trigger equitable tolling; CA6 also declined to decide if §242(a)(2)(D) confers jurisdiction in constitutional-claim context. (Gyamfi v. Whitaker, 1/10/19)
Ohio Attorneys Sue ICE Alleging Public, Humanitarian, and Bioethical Abuse
Attorneys David Malik and Anna Markovich submitted a FOIA request asking ICE for information about the people who have been deported, ICE’s policies related to racial and ethnic profiling, and ICE’s process for determining which individuals to deport. (Malik v. ICE, 1/9/19)
CA4 Upholds BIA Dismissal of Appeal from Withholding Denial for Lack of Nexus Due to Alleged Protected Ground
The court did not reach whether harm constituted persecution or petitioner was member of proposed PSG (related to disabled family member) because it affirmed no nexus; rather, evidence showed rejection of gang membership triggered harassment. (Cortez-Mendez v. Whitaker, 1/7/19)
CA5 Holds BIA’s Adverse Credibility Determination Supported by Explicitly Considered and Substantial Evidence
The court held BIA did not err in relying on inconsistencies between testimony, application, and affidavits; nor did it err in determining that corroborating documentary evidence was reiterative and failed to resolve the inconsistencies within main narrative. (Ghotra v. Whitaker, 1/4/19)
BIA Holds Texas Aggravated Assault with Deadly Weapon Not a Firearms Offense
Unpublished BIA decision holds that aggravated assault with deadly weapon under Tex. Penal Code 22.02(a) is not a firearms offense because the statute does not require use of a firearm. Special thanks to IRAC. (Matter of Gill, 1/4/19)
District Court Stops ICE from Re-detaining Certain Cambodian Nationals Without at Least 14 Days’ Notice
The court found the government failed to provide assurances for reasonable pre-detention notice, and that it failed to oppose the TRO application; the court issued the TRO and ordered the government show cause why a preliminary injunction should not issue. (Chhoeun v. Marin, 1/3/19)
CA3 Holds Wire Fraud Conviction Was CIMT
The court denied in part and dismissed in part petitioner’s petitions for review, holding that per Nijhawan, her prior conviction for wire fraud constituted an offense involving fraud or deceit in which the loss to the victims exceeded $10,000 and was a CIMT. (Ku v. Att’y Gen., 1/3/19)
CA7 Upholds BIA/IJ Denial of Cancellation, Holds Offense Under Wisconsin Battery Statute Is Crime of Violence
The court denied petitioner’s petition for review and rejected that Wisconsin’s battery statute was categorically not a crime of violence. (Beltran-Aguilar v. Whitaker, 1/2/19)
The Courthouse Trap: How ICE Operations Impacted New York’s Courts in 2018
The Immigrant Defense Project issued a report highlighting trends in ICE courthouse enforcement and provides a selection of stories of individual New Yorkers who have been arrested while attending court.
CA4 Holds Fraud Determination Supported by Substantial Evidence
In an unpublished decision, the court held BIA did not err in relying on sentencing-related material and found substantial evidence confirmed an offense of fraud. It also distinguished Pereira to confirm BIA jurisdiction. (Calderon Leonard v. Whitaker, 12/31/18)
CA8 Found Lack of Past Persecution or Well-Founded Fear of Future Persecution for English-Speaking Cameroonian
The court held harm perpetrated by Cameroonian gendarmerie did not meet past persecution; that petitioner failed to satisfy the objective element for fear of future persecution; and that failure to meet asylum eligibility foreclosed withholding and CAT. (Njong v. Whitaker, 12/28/18)
BIA Holds Connecticut Drug Statute Not a Controlled Substance Offense
Unpublished BIA decision holds that possession of a narcotic substance under Conn. Gen. Stat. 21a-279(a) is not a controlled substance offense because state drug schedule contains substances not listed on federal schedule. Special thanks to IRAC. (Matter of Ross, 12/28/18)
BIA Holds California Carjacking Not an Aggravated Felony
Unpublished BIA decision holds carjacking under Cal. Pen. Code 215(a) is not an aggravated felony theft offense because the taking can be committed against a passenger or other person temporarily in possession of the vehicle. Special thanks to IRAC. (Matter of Ibarra Juarez, 12/28/18
CA9 Panel Issued Amended Decision on “Crime of Domestic Violence” Conviction
The court issued an amended decision, where the panel concluded that a class one misdemeanor domestic violence assault under Arizona Revised Statutes §§ 13-1203 and 13-3601 conviction was a “crime of domestic violence” under 8 USC §1227(a)(2)(E). (Cornejo-Villagrana v. Whitaker, 12/27/18)