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
TRAC Finds Growth in Immigration Court Backlog Varies Markedly by State
TRAC found that as of July 2018, pending cases in Immigration Court reached nearly three-quarters of a million. This is a 38% increase compared to January 2017. All states are witnessing an increase in Immigration Court backlogs. However, ten states account for the vast majority of the backlog.
BIA Remands for IJ to Consider Status of Pending Appeal and Determine Whether a Continuance May be Appropriate
The BIA remanded for the IJ to consider the status of the pending appeal and new evidence, and to determine whether a continuance may be appropriate. The appeal of the IJ’s determination regarding removability is dismissed. Matter of Acosta, 27 I&N Dec. 420 (BIA 2018)
U.S. Representatives Demand DHS Reunify All Separated Families
On 8/29/18, sixty-seven democratic U.S. representatives signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of nearly 500 children that remain separated from their parents at the southern border because of the administration’s “zero tolerance” policy.
CA8 Finds Decision Supported by Substantial Evidence Despite Errors in IJ Written Decision
The court found no due process violation in hearing or in IJ’s erroneous use of boilerplate language from different case because BIA considered the errors, found them harmless, and made its own determinations with independent judgement and substantial evidence. (Ramirez v. Sessions, 8/29/18)
CA9 Remands, Finding BIA/IJ Erred in Concluding CA Meth Convictions Were Removable Controlled Substance Violations; Applies Taylor Analysis T
The court held if statute has two disjunctive lists, Taylor must be applied twice; it held meth and types of myth was covered in statute, and determined that various types were alternative means of one crime, not alternative elements for divisibility. (Lorenzo v. Sessions, 8/29/18)
Little Ease: Undocumented in America 2018
AILA member Margaret O'Donnell describes changes being made to immigration policy that negatively impact American families, offering a real client example to highlight how uncertain the future has become.
CA7 Upholds BIA Denial Due to Adverse Credibility Finding Per Substantial Evidence Standard
The court held that substantial evidence supported the IJ/BIA’s determination that petitioner’s inconsistent testimony warranted an adverse credibility finding on his asylum, withholding, and CAT claims. (Alvarenga-Flores v. Sessions, 8/28/18)
Practice Pointer: Matter of L-A-B-R-
On 8/16/18, the Attorney General issued a decision in Matter of L-A-B-R- discussing when a continuance should be granted for the respondent to pursue collateral relief. This practice pointer discusses the decision’s major holdings, tips for affected cases, and additional resources.
CRS FAQs on the Flores Settlement Agreement
CRS provides FAQs on the Flores settlement agreement, stating that Congress could largely override the settlement, although constitutional considerations relating to the rights of undocumented immigrants in immigration custody may inform the permissible scope of such legislation.
CA1 Denies Asylum For Failure to Meet Nexus, “Particularity” Prong
The court upheld BIA denials that petitioner was targeted based on her family relationship, and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. (Aguilar-De Guillen v. Sessions, 8/27/18)
Oral Opinion Asylum Addendum Applies Matter of A-B-
An oral opinion asylum addendum associated with at least one immigration court applies Attorney General Jeff Sessions’ decision in Matter of A-B-.
DOJ Final Rule Reflecting Organizational Changes Regarding International Prisoner Transfer Program
DOJ final rule effective 9/2/18 reflecting organizational changes regarding the International Prisoner Transfer Program. (83 FR 42774, 8/24/18)
CA9 Finds Indecent Exposure Convictions Under Washington Statutes Are Not CIMTs
The court refused to apply deference because BIA failed to correctly apply its own precedent in Cortes Medina that holds indecent exposure is only CIMT when statute has element of lewd intent related to sexually-motivated behavior. (Barrera-Lima v. Sessions, 8/24/18)
BIA Reopens Removal Proceedings Sua Sponte for TPS Holder to Adjust Status
Unpublished BIA decision reopens removal proceedings sua sponte over DHS objection for respondent with TPS who is eligible to adjust status under Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Mohamed, 8/24/18)
Join the Fight to Restore USCIS’s Mission and Ensure Immigration Court Independence!
In this blog post, Media Advocacy Committee Member Katie Sarreshteh highlights AILA's August Campaign and urges members to help AILA's efforts “to realign USCIS with its congressional mandate and ensure judicial independence in our immigration courts.“
CRCL Issues Recommendations Memo Concerning Etowah County Jail
In 2018, CRCL investigated the conditions of detention for ICE detainees at the Etowah County Jail. Review focused on alleged civil rights and civil liberties violations. CRCL issued recommendations to medical care, mental health care, detention conditions, environmental health, and more.
CA9 Remands, Holds Inadmissibility Grounds Inapplicable to LPR Not Seeking Admission
The court held that LPR petitioner’s admitted drug use did not render him inadmissible since, as an LPR, he did not seek admission; thus, it did not trigger the cancellation of removal stop-time rule. (Nguyen v. Sessions, 8/23/18)
Press Call on Complaint Regarding Coercive Tactics Used by Immigration Officials on Separated Parents
On a press call, representatives of AILA, the Council, the Dilley Pro Bono Project, and Annunciation House discuss a complaint filed by AILA and the Council with DHS’s OIG and CRCL regarding coercive tactics used by government officials against parents who were separated from their children.
The Use of Coercion by U.S. Department of Homeland Security (DHS) Officials Against Parents Who Were Forcibly Separated From Their Children
AILA and the Council announced the filing of a complaint with the DHS Office of the Inspector General and Office for Civil Rights and Civil Liberties on the pervasive and illegal practice by DHS officials of coercing separated mothers and fathers into signing documents they may not have understood.
Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents
AILA and the Council filed a complaint with the DHS Office of the Inspector General (OIG) and Office for Civil Rights and Civil Liberties (CRCL) documenting a pervasive, illegal practice by DHS officials of coercing separated mothers and fathers into signing documents they may not have understood.
AILA and Council File Complaint Regarding Coercive Tactics Used by Immigration Officials on Separated Parents
Resources on the AILA and American Immigration Council complaint, filed with the DHS OIG and CRCL regarding a pervasive and illegal practice by DHS officials of coercing parents into signing documents, ostensibly waiving their legal rights, including their right to be reunified with their children.
BIA Faults IJ for Not Explaining Difference Between Pre- and Post-Conclusion Voluntary Departure
Unpublished BIA decision remands because IJ failed to explain difference between pre- and post-conclusion voluntary departure and granted pre-conclusion voluntary departure without asking whether respondent wished to waive appeal. Special thanks to IRAC. (Matter of Lozano-Fernandez, 8/23/18)
BIA Holds Arizona Drug Schedule Overbroad and Not Divisible
Unpublished BIA decision holds possession of narcotics for sale under Ariz. Rev. Stat. §13-3408(A)(2) not an aggravated felony because the state schedule includes several substances not on federal schedule and the statute is not divisible. Special thanks to IRAC. (Matter of Albano, 8/23/18)
HHS Notice of Intent to Fund 850 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide $28,003,926 of funding for 850 beds to keep unaccompanied children in custody. (83 FR 42505, 8/22/18)
CA9 Upholds BIA Removal Findings, Confirming Aggravated Felony, Inapplicability of Expungement, Ineligibility for §212(c) Waiver, and CAT Denial
The court held conviction under CA statute for possession to sell cocaine salt was an aggravated felony under the modified categorical approach, and that the conviction withstood expungement for immigration purposes. (Robles Lopez v. Sessions, 8/22/18)