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 Holds Texas Retaliation Not an Aggravated Felony or CIMT
Unpublished BIA decision holds that retaliation under Texas Penal Code 36.06(a) is not an aggravated felony relating to obstruction of justice or a CIMT. Special thanks to IRAC. (Matter of Romero Canchola, 11/13/18)
Serving Those Who Serve Our Country
As we reflect on Veterans Day, this blog post offers insights into the impact of immigration law on members of the military and their families and encourages AILA members to “help a service member by bringing immigration legal expertise and a caring heart to bear on these important cases.“
USCIS Provides Procedural Guidance on Implementing Regulatory Changes Created by Interim Final Rule
USCIS issued procedural guidance to provide USCIS asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under CAT, including in the credible fear context, to conform to the Interim Final Rule (83 FR 55934, 11/9/18).
AILA Submits Amicus Brief Challenging the Attorney General’s Irregular Certification Process
AILA submitted an amicus brief challenging the irregularities and potential abuse of power in the Attorney General’s certification process, stating that the current process has “significant cracks and breaks which cannot rightly hold the water as intended.”
CA9 Reviews “Particularly Serious Crime” Language In Light of Johnson and Dimaya, Holds Statute Is Not Unconstitutionally Vague
The court overturned its prior standard for assessing vagueness, but maintained “particularly serious crime” was not unconstitutionally vague; it held that while statute’s standard is uncertain, it is applied to real world facts as opposed to idealized crimes. (Guerrero v. Whitaker, 11/9/18)
CA9 Affirms Preliminary Injunction Requiring DHS to Adjudicate DACA Renewal Applications
The court issued an opinion affirming the district court’s 1/9/18 entry of a preliminary injunction requiring DHS to adjudicate renewal applications for existing DACA recipients. (Regents of the University of California v. DHS, 11/8/18)
USCIS to Continue Implementing New Policy Memorandum on Notices to Appear
USCIS announced that starting 11/19/18, it may issue Notices to Appear (NTAs) based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, I-730, and I-485 as part of its continued implementation of its 6/28/18 policy memo on issuance of NTAs.
Trump Administration Issues Advance Copy of Rule Intended to Gut Asylum Seekers’ Due Process Rights
AILA responded to the advance copy of an interim rule issued by the Trump administration that would gut asylum seekers’ due process rights; a presidential proclamation is expected Friday, November 9, 2018.
CA9 Grants Review in Two Cases, Holds BIA Erred in Finding CA Penal Code §288(c)(1) Categorically CIMT and Categorically “Crime of Child Abuse”
The court held statute overbroad in actus reus and mens rea compared to generic CIMT and “child abuse” provisions; it lacks CIMT’s corrupt scienter and intent to/actually injure, and does not match “child abuse” elements of intent/actual injury/risk of harm. (Menendez v. Whitaker, 11/8/18)
CA5 Affirms BIA’s Refusal to Reopen, Finds Petitioner Was Not Entitled to Actual Notice of Hearing and Failed to Rebut Presumption of Delivery
The court held BIA was not arbitrary in determining that because petitioner failed to correct address error on personally-served NTA, he was not entitled to actual notice; and that affidavit did not rebut presumption of delivery of unreturned NOH. (Mauricio-Benitez v. Sessions, 11/8/18)
BIA Holds Pennsylvania PWID Not an Aggravated Felony
Unpublished BIA decision holds possession of marijuana with intent to manufacture/deliver under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because the statute is overbroad and indivisible as to the quantity involved. Special thanks to IRAC. (Matter of Wilkins, 11/8/18)
BIA Holds Puerto Rico Aggravated Battery Statute Not a Crime of Violence
Unpublished BIA decision holds that aggravated battery under former 33 L.P.R.A. 4032 is not a crime of violence because the predicate offense of simple battery does not require use of force. Special thanks to IRAC. (Matter of J-V-L-, 11/7/18)
CA7 Upholds IJ/BIA Denial of Withholding for Lack of Nexus to Particular Social Group
The court held that the IJ/BIA determination that petitioner failed to prove that a gang attack in Mexico was due to family membership since no other family member ever was threatened or attacked was supported by substantial evidence. (Plaza-Ramirez v. Sessions, 11/7/18)
TRAC Report: Immigration Court Backlog Surpasses One Million Cases
TRAC found the Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY2017.
AILA and the Council Submit Comments Opposing Flores Regulations
AILA and the American Immigration Council comments opposing proposed regulations related to the Flores Settlement Agreement (FSA). The comments note the regulations would allow for the indefinite detention of children and violate the terms and spirit of the FSA. Special thanks to Fried Frank.
AG Refers BIA Case to Himself and Invites Amicus Regarding Coercion and Duress
The Attorney General referred a BIA decision to himself for review on whether coercion and duress are relevant to the application of the persecutor bar. The Attorney General extended the deadline for amicus briefs to 11/30/18. Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
CA9 Denies Petition, Holds 8 CFR §274a.12(b)(20)’s Regulatory Employment Authorization Does Not Confer Lawful Status for INA §245(k) AOS Purposes
The court held grant of employment authorization under 8 CFR §274a.12(b)(20) is not one of the 8 CFR §1245.1(d)(1) categories of lawful status eligible for INA §245(k)’s 180-day exception; thus, petitioner, though working validly, failed to maintain lawful status. (Ma v. Sessions, 11/2/18)
BIA Holds Pennsylvania Aggravated Assault Not a Crime of Violence
Unpublished BIA decision holds that aggravated assault under 18 Pa. Cons. Stat. 2702(a)(1) is not a crime of violence under Third Circuit precedent. Special thanks to IRAC. (Matter of Bravo, 11/2/18)
BIA Holds New York Enterprise Corruption Not a CIMT
Unpublished BIA decision holds enterprise corruption under NYPL 460.20(1)(a) is not a CIMT because the specific crimes giving rise to the charge need not involve moral turpitude. Special thanks to IRAC. (Matter of Sall, 11/2/18)
AILA Receives Records Relating to EOIR Misconduct in FOIA Lawsuit
Documents released pursuant to a FOIA request and subsequent lawsuit by AILA, AIC, and Public Citizen for records relating to complaints made against immigration judges.
CRCL Announcement: Concerns with Enforcement Activities at Polling Locations
CRCL responded to concerns with enforcement activity at polling locations, by highlighting ICE’s statement: “ICE does not patrol or conduct enforcement operations at polling locations. Any flyers or advertisements claiming otherwise are false.”
EOIR Releases FY2017 Statistics Yearbook
EOIR released its FY2017 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
BIA Holds Termination of Temporary Status Did Not Return Respondent to EWI Status
Unpublished BIA decision holds that termination of temporary status under 8 CFR §245a.2(u)(4) did not return respondent to being present without admission or parole because he left and reentered while in temporary status. Special thanks to IRAC. (Matter of Manzo Hernandez, 11/1/18)
Communities in Crisis: Interior Removals and Their Human Consequences
The Kino Border Initiative, the Center for Migration Studies of New York, and the Office of Justice and Ecology of the Jesuit Conference of Canada and the United States published a report on the characteristics of deportees and the effects of deportation.
BIA Finds Respondent Provided Insufficient Evidence He Would Be “Tortured” in a Mexican Institution
BIA dismissed the appeal and upheld IJ determination that the respondent did not show eligibility for protection under the Convention Against Torture based on conditions of mental health facilities in Mexico. Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)