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
EOIR 30-Day Notice and Request for Comments on Proposed Changes to Form EOIR-28
EOIR 30-day notice and request for comments on proposed changes to Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due 12/26/18. (83 FR 60499, 11/26/18)
CA3 Grants in Part and Denies in Part, Holds Child Pornography Conviction Per NJ Statute Is Not Aggravated Felony But Is Removable Ground of Child Abu
The court overruled BIA, holding NJ Stat. Ann. 2C:24-4(b)(5)(b) is broader than its agg felony federal counterpart, but agreed with BIA that it matches federal (BIA) definition of “child abuse”; thus, petitioner is removable, but can request cancellation. (Salmoran v. Att’y Gen., 11/26/18)
SSA Issues POMS Update on Deportation
The Social Security Administration announced changes to the Program Operations Manual System (POMS) related to deportation and coordinating with DHS.
AILA Submits Comments on Proposed Revisions to National Detention Standards
AILA submitted comments on a new draft of the National Detention Standards (NDS), including stating that ICE should include more enhancements and move aggressively to ensure adoption of the more stringent Performance Based Nation Detention Standards (PBNDS) 2011 to the greatest extent possible.
AILA and National Justice for Our Neighbors Submit Amicus Brief on Persecutor Bar
AILA and the National Justice for Our Neighbors resubmitted their amicus brief in Matter of Negusie, on the issue of the standards (including relevant burdens of proof) to determine if an asylum applicant is subject to the persecutor bar and the standards for qualifying for a duress defense.
BIA Vacates Denial of Continuance for Respondent With Prima Facie Approvable U Visa Application
Unpublished BIA decision holds that IJ erred in denying continuance to respondent with prima facie approvable U visa application without identifying any reason why application was unlikely to be approved. Special thanks to IRAC. (Matter of Gomez-Alvarado, 11/23/18)
CA11 Dismisses in Part Under §242, Upholds BIA’s Controlled Substance and Agg Fel Determinations That Were Not Appealed but Adjudicated Nonetheless
The court confirmed lack of jurisdiction to review BIA determination of removability ground; it also upheld not only BIA’s affirmance of IJ’s CIMT finding that was on appeal, but additional BIA controlled substance and agg fel findings not appealed by DHS. (Bula Lopez v. Att’y Gen., 11/21/18)
CA6 Upholds Denial of Cancellation for a “Habitual Drunkard”; Rejects Void for Vagueness Due Process and Equal Protection Challenges to the Term
The court held petitioner does not have liberty interest in discretionary cancellation, thus, does not reach void for vagueness argument; it also held “habitual drunkard” is rationally related to “good moral character” and does not violate equal protection. (Tomaszczuk v. Whitaker, 11/20/18)
Resources on Case Challenging the Prolonged Detention of Noncitizens in Removal Proceedings
Resources relating to Jennings v. Rodriguez, a case regarding whether noncitizens who are subject to prolonged detention under the INA are entitled to automatic bond hearings.
CA1 Upholds BIA Denial of Untimely MTR for Ineffective Assistance of Counsel, Noting Failure of Due Diligence
The court held petitioner’s four and a half-year delay in filing MTR was failure to pursue case with the due diligence needed for equitable tolling and held it did not have jurisdiction to review due process claims not raised previously before BIA. (Pineda v. Whitaker, 11/19/18)
CA9 Remands Case Challenging the Prolonged Detention of Noncitizens in Removal Proceedings to the District Court
The court remanded the Jennings v. Rodriguez case to the district court to consider whether INA §§235(b), 236(a), and 236(c) are constitutional. The court left in place the permanent injunction in favor of the plaintiffs. (Rodriguez v. Marin, 11/19/18)
BIA Dismisses Appeal and Denies Adjustment, After Ex-Spouse Withdrew Affidavit of Support
The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit support from her former husband. Matter of Song, 27 I&N Dec. 488 (BIA 2018)
EOIR Provides Guidance Regarding the Adjudication of Asylum Applications Consistent with INA §208(d)(5)(A)(iii)
EOIR issued a memo to immigration judges on the timely adjudication of asylum applications consistent with INA §208(d)(5)(A)(iii), which states that in the absence of exceptional circumstances, asylum applications shall be adjudicated within 180 days of being filed. Memo was rescinded on 4/18/22.
BIA Holds Arizona Possession of Drug Paraphernalia Not a Controlled Substance Offense
Unpublished BIA decision holds possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415(A) is not a controlled substance offense because state schedule is overbroad and identity of drug is not an element of the offense. Special thanks to IRAC. (Matter of Varela Mendoza, 11/19/18)
EOIR Swears in 16 Immigration Judges
Then-Attorney General Jeff Sessions announced 16 new immigration judges. Principal Deputy Chief Immigration Judge Christopher A. Santoro presided over the investiture during a ceremony held on 11/16/18.
EOIR Releases Memo on Tracking and Expedition of “Family Unit” Cases
EOIR released a memo to clarify the agency’s tracking and expedition of “family unit” cases as identified by DHS at the time of filing with the immigration court.
Senator Sends Follow-Up Letter to ICE on Violation of Congressional Requirements
On 11/16/18, Senator Tom Udall (D-NM), a member of the Senate Appropriations Committee, sent a follow-up letter to ICE Acting Director Ronald Vitello to a 10/22/18 letter that inquired about the agency’s violation of congressional requirements as mandated by the FY2019 DHS Appropriations bill.
CA9 Upholds BIA Denial of Cancellation, Finds Bribery a CIMT and “CIMT” Not Unconstitutionally Vague
The court held that bribery under 18 USC §666(a)(2) categorically matches federal definition of CIMT; it also held that “CIMT” is not unconstitutionally vague per Jordan and Tseung-Chu. (Martinez-de Ryan v. Whitaker, 11/16/18)
CA5 Vacates Deportation Order, Holds Petitioner Was a Naturalized Citizen—Not Alien—on Date of Conviction and Not Subject to Removal Statute
The court held BIA erred in misapplying §1227(a)(2)(A)(iii) to a naturalized citizen at time of conviction; it found, per Costello, that a denaturalization could not retroactively make petitioner an “alien as matter of law” at time of conviction. (Okpala v. Whitaker, 11/15/18)
CA1 Upholds IJ/BIA Denial for Lack of Corroborating Evidence to Support Otherwise Inconsistent Claims
The court held that substantial evidence supported IJ/BIA denial because petitioner failed to adequately corroborate vague and inconsistent testimony of past persecution with reasonably-available evidence. (Avelar-Gonzalez v. Whitaker, 11/15/18)
Updated EOIR User Manual for Expanded Electronic Filing Pilot
EOIR provided an updated user manual on its expanded electronic filing pilot, effective November 15, 2018.
South Florida EOIR Stakeholders’ Meeting Notes (11/15/18)
Notes from the Miami EOIR Stakeholder Meeting on November 15, 2018.
Memo for Counsel to the President on Designating an Acting Attorney General
DOJ issued a memorandum on the designation of an Acting Attorney General following the resignation of AG Sessions. The memo states that it previously advised the President that he could designate a senior DOJ official, such as Matthew G. Whitaker, and provides the basis for that conclusion.
EOIR Releases Guidance Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border
EOIR released guidance on the presidential proclamation, stating that the suspension and limitation on entry applies only to individuals who entered after the date of the proclamation, thus applying to individuals who entered on 11/10/18, or later, until the expiration of the proclamation.
CA9 Votes to Deny Petitions for Rehearing and Rehearing En Banc for Class of Unrepresented Children in Removal Proceedings Claiming Right-to-Counsel
The court denied, pursuant to §1252(b)(9), the habeas petitions for a class of thousands of children seeking asylum, SIJS, or relief from removal who claim due process and statutory rights to appointed counsel during their removal hearings. (J.E.F.M. v. Whitaker, 11/13/18)