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
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)
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.
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.
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)
BIA Holds That IJs Have Initial Jurisdiction over Asylum Applications Filed by Unaccompanied Children Who Turned 18 Before Filing
The BIA held that an immigration judge, rather than USCIS, has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied child but turned 18 before filing the application. Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)
BIA Finds 26 U.S.C §7212(a) Does Not Involve Fraud or Deceit
Unpublished BIA decision holds that obstructing the administration of internal revenue laws under “corrupt conduct” portion of 26 U.S.C. §7212(a) does not involve fraud or deceit because it does not require misrepresentation. Special thanks to IRAC. (Matter of Ahn, 10/16/18)
Practice Pointer: Matter of A-B- and Discretion
This resource examines how practitioners should approach the issue of discretion in asylum cases following the Attorney’s General decision in Matter of A-B- and USCIS’s policy memorandum on that decision.
EOIR Announces Opening of Conroe Immigration Court
EOIR announced the opening of an immigration court in the DHS/ICE contract detention facility in Conroe, Texas. While there will no longer be an immigration court at the Houston Service Processing Center at 5520 Greens Road, EOIR will continue to operate a hearing location there.
EOIR Provides Updated Procedure for Handling Complaints Concerning Immigration Adjudicators
EOIR released an updated summary of its procedure for handling complaints concerning immigration adjudicators, including requirements and intake for formal written complaints and the offices with jurisdiction over these matters, among other things.
AG Refers Case to Himself and Invites Amicus Relating to Authority to Hold Bond Hearings
The Attorney General referred a BIA decision to himself for review of issues relating to the authority to hold bond hearings for certain individuals screened for expedited removal proceedings. Amicus briefs are due by 11/9/18. Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
AG Withdraws Review of Decision and Remands to BIA After Respondent Was Removed
The Attorney General issued a decision, stating that he will not review the BIA determination as the respondent is no longer in the United States, and remanded the case to the BIA for any administrative action. Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)
BIA Finds Escalation of Threats Qualifies as Changed Circumstances
Unpublished BIA decision finds asylum applicant qualifies for changed circumstances exception based on escalating assaults on family members that also shed light on the assailants’ motives. Special thanks to IRAC. (Matter of E-R-Z-, 10/12/18)
BIA Rescinds In Absentia Order Against Respondent Who Arrived Late to Hearing
Unpublished BIA decision rescinds in absentia order against respondent who arrived 35 minutes late to hearing at new location, appeared at all hearings at prior location, and acted with diligence in seeking reopening. Special thanks to IRAC. (Matter of Martinez-Hernandez, 10/12/18)
Amnesty International Report – USA: ‘You Don’t Have Any Rights Here’
Amnesty International issued a report about the illegal pushbacks, arbitrary detention, and ill-treatment of asylum seekers in the United States that have resulted from immigration policies implemented by the Trump administration in 2017 and 2018.
CBP Office of Human Resources Management Releases Discipline Overview for FY2016–FY2017
The CBP Office of Human Resources Management released its Discipline Overview for FY2016–FY2017, with information on allegations of misconduct against CBP law enforcement personnel and actions taken in response to allegations, as well as information on arrests of CBP employees.
CBP Office of Professional Responsibility Releases Report on FY2016–FY2017
The CBP Office of Professional Responsibility (OPR) released a report for FY2016–FY2017 with an overview of the OPR, highlights of OPR activity, and information on employee misconduct and corruption statistics.