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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
BIA Reverses Denial of Continuance to Find Counsel
Unpublished BIA decision holds that IJ should have granted additional continuance for respondent to find counsel where he had been given only two weeks since initial hearing that included holiday weekend. Special thanks to IRAC. (Matter of Jimenez, 10/31/18)
BIA Holds Georgia Theft by Receiving Stolen Property Not An Aggravated Felony or a CIMT
Unpublished BIA decision holds that theft by receiving stolen property under Geo. Code Ann. 16-8-7 is not an aggravated felony or CIMT because it does not require knowledge or belief that property was stolen. Special thanks to IRAC. (Matter of Espinosa-Alvarez, 10/30/18)
BIA Holds Virginia Burglary Not a CIMT
Unpublished BIA decision holds that burglary under Va. Code §18.2-91 is not a CIMT because it prohibits breaking into non-dwellings and the intended crime need not be turpitudinous. Special thanks to IRAC. (Matter of Minas Urbina, 10/30/18)
BIA Rescinds In Absentia Order Because Hearing Notice Listed Wrong State
Unpublished BIA decision rescinds in absentia order where hearing notice mistakenly used postal code for South Carolina (“SC”) rather than California (“CA”). Special thanks to IRAC. (Matter of Ramos-Amaya, 10/29/18)
BIA Holds Aggravated Felony Bar in INA §212(h) Does Not Apply to Prior Refugees
Unpublished BIA decision holds that an aggravated felony bar in INA §212(h) does not apply to applicants who were admitted as refugees before adjusting to LPR status. Special thanks to IRAC. (Matter of Zheleznyak, 10/29/18)
CA1 Denies Petition for Review, Holds BIA Did Not Abuse Its Discretion by Denying Motion to Reconsider
The court concluded that petitioner did not identify any specific factual or legal error made by BIA to warrant granting MTR, and that MTR was not proper vehicle to admit new documents. (Kuffour v. Sessions, 10/26/18)
Assault By ICE: How to Handle ICE When They Lie and Renege on Cases, Bonds, Detention, Writs of Habeas, and Communication
Assault By ICE: How to Handle ICE When They Lie and Renege on Cases, Bonds, Detention, Writs of Habeas, and Communication presentation from the October 2018 Missouri/Kansas CLE. This presentation was given by Andrea Martinez and Megan Galicia of Martinez Immigration Law.
CA7 Denies Petition, Upholding IJ/BIA Denial of CAT Deferral of Removal and BIA Denial of MTR
The court sustained IJ’s deferral denial per substantial evidence standard, holding evidence of torture was speculative and generalized; it also held BIA correctly applied “reasonable likelihood” standard for MTR denial, so no legal error committed. (Molina-Avila v. Sessions, 10/25/18)
USCIS Updates Policy Guidance to Remove References to Form G-325A
USCIS announced an update to the policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A). Guidance is effective as of 10/25/18. Comments are due by 11/7/18.
EOIR Releases Materials from the 2018 Legal Training Program for Immigration Judges
Obtained via FOIA by Hoppock Law Firm, EOIR released training materials from its 2018 Legal Training Program, including on claims to citizenship, non-LPR cancellation, evidentiary challenges, criminal immigration and bond law, and asylum law. Special thanks to Matthew Hoppock.
AILA Insight: Requesting a Bond Hearing: How Detained Immigration Courts Vary with Scheduling Bond Hearings
AILA member Matthew Boles discusses how some immigration courts are auto-scheduling bond hearings for custody redetermination.
TRAC Report: Counties Where ICE Arrests Concentrate
TRAC found that 28% of recent ICE arrests of immigrants living and working in communities around the U.S. took place in just ten counties, along with the immediate surrounding locales. Half of all such arrests by ICE occurred in just 24 counties out of the nearly 3,200 counties across the country.
ACLU Calls for Moratorium and Files FOIA Request to DHS on Facial Recognition
The American Civil Liberties Union (ACLU) called for a moratorium, and filed a FOIA request with DHS, on the use of facial recognition technology for immigration enforcement and law enforcement purposes until Congress and the public debate, what, if any, uses of this technology should be permitted.
CA6 Remands, Holds BIA Denial of MTR Based on Changed Country Conditions Was Not Harmless Error
The court found BIA summarily decided evidence was insufficient and, thus, failed to articulate a reasonable basis for the denial on which the court could give meaningful review; it held such cursory and conclusory decisions were arbitrary. (Precetaj v. Sessions, 10/24/18)
AILA ICE Liaison Committee Meeting Q&As (10/23/18)
Official Q&As from the 10/23/18 AILA liaison meeting with ICE. Topics include staffing and organizational updates, NTAs and scheduling of immigration court hearings, recalendaring cases, arrests at USCIS and EOIR facilities, unaccompanied minors, and stays of removal.
Democratic Senators Request Information on ICE’s Violation of Congressional Requirements
On 10/22/18, Senator Tom Udall (D-NM), a member of the Senate Appropriations Committee, led a letter to ICE Acting Director expressing concerns and information about the agency’s failure to comply with reporting requirements from FY2018 DHS Appropriations bill and ICE’s patter of overspending.
BIA Holds Connecticut Larceny Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that offenses incorporating the definition of “larceny” in Conn. Gen. Stat. 53a-119 are not aggravated felonies because they encompass fraud-based offenses. Special thanks to IRAC. (Matter of Luzardo, 10/22/18)
CA5 Holds §212(a)(2)(A)(i)(II) Impermissibly Retroactive When Drug Was Added to Federal Schedule Between Dates of Commission and Conviction
The court found addition of AB-CHMINACA to federal schedule after arrest but before conviction was not controlled substance at time of offense as it’s addition could not overcome presumption against retroactivity. (Lopez Ventura v. Sessions, 10/19/18)
Terrible and Terrifying: Marriage Interviews Become Another Cog in the Deportation Machine
AILA Executive Director Ben Johnson highlights the growing number of cases where ICE seizes people during the marriage interview component of their immigration application process, an interview required to pursue the legal status which would protect them.
AILA DOS Liaison Q&As (10/18/18)
DOS provided responses to AILA/DOS Liaison Q&As from a 10/18/18 meeting. Topics include: Presidential Proclamation 9645 waivers and exceptions, public charge issues, affidavits of support and joint sponsors, LegalNet’s scope of review, the visa bulletin, credit card payments in Mexico, and more.
Advocates File Class Action Lawsuit Challenging Detention of Vietnamese Immigrants
Resources related to four Vietnamese refugees, whose families fled Vietnam before 1995, and filed a habeas corpus class action petition and class action complaint for declaratory and injunctive relief challenging ICE detention.
CA11 Construes MTR as Statutory Not Sua Sponte, and Holds IJ/BIA Abused Discretion by Relying on Irrelevant Factors
In an unpublished decision, the court held it had jurisdiction because it met §240(c) requirements as statutory MTR; concluded IJ/BIA arbitrarily relied on unexplained factors and BIA failed to give reasoned consideration to petitioner’s claims. (Marquez-Martinez v. Att’y Gen., 10/17/18)
Practice Pointer: Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief
AILA’s VSC Liaison Committee provides guidance for screening TPS clients for all possible forms of immigration relief, both affirmative and defensive. Practice pointer includes checklist of potential post-TPS relief.
Board of Immigration Appeals Practice Manual (10/16/18)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on October 16, 2018). This manual describes procedures, requirements, and recommendations for practice before the BIA.
CA3 Affirms BIA Removability Finding, Holds NJ Drug Distribution Statute Categorically Matches Federal Counterpart
The court held NJ “attempt” was not broader than federal “attempt” because both require a “substantial step” and treat some solicitation as attempts; it also held governing list of controlled substances is statutory list at the time of conviction. (Martinez v. Att’y Gen., 10/16/18)