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
CA6 Upholds Determination that Asylee Who Copied and Distributed Flyers Provided Material Support to Terrorist Organizations
The court affirmed USCIS adjustment denial and its finding that MeK and Fek between 1979 and 1981 were Iranian terrorist organizations and that copying and distributing flyers was material in that it was both “relevant” and “significant” to terrorism. (Hosseini v. Nielsen, 12/19/18)
CA9 Denied Petition for Review After Applying Leal I and Leal II Standard and Finding Petitioner Removable For Two CIMTs
The court held the BIA did not commit any of the raised legal errors related to In re: Leal and Leal v. Holder by concluding that the petitioner’s conviction for reckless engagement was a crime involving moral turpitude. (Olivas-Motta v. Whitaker, 12/19/18)
Retired IJs and Former Members of the BIA Issue Statement in Response Grace v. Whitaker
On December 19, 2018, retired IJs and former members of the BIA issued a statement in response to Judge Emmet Sullivan’s district court decision which imposed a permanent injunction on DHS from applying policies articulated in Matter of A-B- in its credible fear determinations.
EOIR Releases Memo on Identifying and Reporting Fraud and Abuse
EOIR released guidance regarding the reporting of suspected instances of fraud in EOIR proceedings. Guidance is effective as of 12/19/18.
ICE Announces Removal of 36 Cambodian Nationals
ICE announced the removal of 36 Cambodian nationals, stating that removals to Cambodia increased 279% from FY2017 to FY2018. Further, the notice states that there are 1,900 Cambodian nationals with final orders of removal.
District Court Finds Matter of A-B-'s General Rule Against Domestic Violence and Gang-Related Asylum Claims to Be Unlawful
The district court found that several of the credible fear policies articulated in Matter of A-B- and a subsequent policy memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. (Grace v. Whitaker, 12/19/18)
New Mexico Delegation Demands Oversight Hearing on Death of Seven-Year old Child in CBP Custody
On 12/19/18, New Mexico Senators Tom Udall (D) and Martin Heinrich (D), and Representatives Ben Ray Lujan (D) and Michelle Lujan Grisham (D) urged Congress to hold oversight hearings on the death of seven-year-old Jakelin Caal Maquin after she and her father were held by CBP in New Mexico.
BIA Holds Washington PWID Statute Not an Aggravated Felony
Unpublished BIA decision holds that possession with intent to deliver methamphetamine under Wash. Rev. Code 69.50.401(2)(b) is not an aggravated felony under United States v. Valdivia-Flores, 876 F.3d 1201 (9th Cir. 2017). Special thanks to IRAC. (Matter of Flores, 12/19/18)
ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B- Asylum Policies
The district court found that several of the credible fear policies articulated in Matter of A-B- and a subsequent policy memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. (Grace v. Whitaker, 12/19/18)
BIA Holds Utah Lewdness Statute Not Sexual Abuse of a Minor or a Crime of Child Abuse
Unpublished BIA decision holds that lewdness involving a child under Utah Code Ann. 76-9-702.5 is not sexual abuse of a minor or a crime of child abuse because it applies to the mere exposure of one’s buttocks in the presence of a child. Special thanks to IRAC. (Matter of Safanov, 12/18/18)
EOIR Releases Memo on Internal Reporting of Suspected Ineffective Assistance of Counsel and Professional Misconduct
EOIR released guidance establishing policies and procedures for reporting suspected incidents of ineffective assistance of counsel or other violations of the EOIR Rules of Professional Conduct for Practitioners to the Office of General Counsel Attorney Discipline Program. Guidance effective 1/1/19.
CA6 Upheld Denial, Finding BIA Adhered to Procedural Rules in Determining One- vs. Three-Member Panels
The court denied petitioner’s motion to reopen and found BIA applied the correct standards and fact finding and that the BIA adhered to the procedural rules in determining one- versus three-member panels when it assigned a single member to decide the motion. (Gafurova v. Whitaker, 12/18/18)
CA6 Holds Res Judicata Applies in Removal Proceedings and Remands for Determination of Finality
The court rejected the agency’s contrary interpretation, finding res judicata applies in removal proceedings, and remanded to the BIA to determine finality of dismissal without prejudice. (Arangure v. Whitaker, 12/18/18)
Parties Reach Settlement in Class Action Lawsuit Challenging ICE’s Practice of Conducting Warrantless Arrests and Vehicle Stops
The district court approved the settlement agreement reached by the parties, which among other things, provides that ICE must issue a new nationwide policy regarding warrantless arrests and vehicle stops and undergo training nationwide. (Castañon Nava, et al. v. DHS, et al., 2/8/22)
CA2 Remands to BIA to Apply Correct Standard of Review on Good Faith Marriage Question
The court found BIA erred in applying clear error, instead of de novo, standard of review to IJ’s good faith marriage waiver denial; it also held petitioner abandoned abuse of discretion claim on MTR denial because he failed to adequately argue it in brief. (Alom v. Whitaker, 12/17/18)
CA6 Finds Conviction for Rape by Digital Penetration Under Ohio Rape Statute Does Not Match Federal Definition
The court held BIA erred in conflating “rape” and “sexual abuse” definitions to conclude that generic rape crime included digital penetration; under Ohio law, digital penetration is not rape for purposes of aggravated felony-based removal. (Keeley v. Whitaker, 12/17/18)
BIA Holds Colorado Vehicular Eluding Not a CIMT
Unpublished BIA decision holds that vehicular eluding under Colo. Rev. Stat. 18-9-116.5 is not a CIMT because it does not require perpetrators to drive recklessly or create a risk of bodily injury to another person. Special thanks to IRAC. (Matter of Erazo-Aguirre, 12/17/18)
AILA Teams Up with the ACLU and Others to Tear Down Barriers to Access to Counsel
In this blog post, AILA Executive Director Benjamin Johnson describes the lawsuit AILA joined as plaintiff in response to ICE and Geo Group creating unlawful barriers to attorney-client communications.
BIA Holds Respondent Not Inadmissible for Conviction Subject to 212(c) Waiver
Unpublished BIA decision holds that respondent is not inadmissible based on a conviction for which he was previously granted a waiver under former INA 212(c). Special thanks to IRAC. (Matter of Morel-Uceta, 12/14/18)
ICE Releases FY2018 ERO Administrative Arrests and ICE Removals
ICE released statistics on FY2018 ERO administrative arrests and ICE removals
CA6 Grants Review of BIA Denial of Cancellation, Holds Findings Were Not Supported by Record and BIA Failed to Apply Appropriate Standard of Review
The court determined BIA erred in finding new evidence was previously available, and BIA failed to consider hardship ground raised in the MTR, instead offering a cursory analysis that didn’t allow for meaningful review; remanded to properly apply law. (Hernandez-Perez v. Whitaker, 12/14/18)
ICE Releases FY2018 ICE Enforcement and Removal Operations Report
ICE released a report that summarized U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) activities in FY2018.
CA11 Upholds BIA’s §237(a)(2)(B)(i) Removability Determination for Possession of Cocaine Based on Florida Drug Possession Statute’s Divisibility
The court denied petition for review, finding that based on state law precedent and jury instructions, the identity of a controlled substance is an element of Fla. Stat. §893.13(6)(a) and that BIA correctly found possession of cocaine a removable offense. (Guillen v. Att’y Gen., 12/13/18)
Former IJ Jeffrey Chase Explains How “Family Unit” Memo Creates More Obstacles for Families
Former Immigration Judge Jeffrey Chase discussed the EOIR memo that announced the end of a reprieve on the prioritization of “Family Unit” cases, “under conditions designed to speed them through the immigration court system, ready or not, with or without representation, due process be damned.”
AILA Files Amicus Brief on Applicability of the Reinstatement Bar on Reopening in VAWA Cases
AILA filed an amicus brief with the Ninth Circuit in Rodarte-Gonzalez v. Whitaker, arguing that individuals eligible for VAWA relief are not subject to the reinstatement bar on reopening.