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 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)
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 Terminates Proceedings Sua Sponte Following Grant of U Visa
Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition in light of grant of U nonimmigrant status. Special thanks to IRAC. (Matter of Zheng, 10/11/18)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/18 and ending 12/31/18, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.08 per centum per annum. (83 FR 51567, 10/11/18)
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.
Trump Administration Offers Agreement to Provide Separated Parents a Second Chance at Asylum
The Trump administration, as well as counsel from Ms. L v. ICE, M. M. M. v. ICE, and Dora v. Sessions, came up with an agreement that would allow parents who were separated from their children at the southwest border, a second chance to make asylum claims in the United States.
BIA Holds Maryland Theft Statute Not a CIMT
Unpublished BIA decision holds that theft under Md. Code Ann., Crim. Law 7-104 is not a CIMT under Leyva-Martinez v. Sessions, 892 F.3d 655 (4th Cir. 2018). Special thanks to IRAC. (Matter of Salekh, 10/10/18)
ICE Provides Information on Its Basic Immigration Enforcement Training Program
ICE provided information on its training program for deportation officers, stating that its 16 weeks long and includes background on removal proceedings and a 25-day Spanish language course. Graduation is mandatory before prospective deportation officers can enforce immigration laws.
S. 3567: No Internment Camps Act
On 10/10/18, Senator Jeff Merkley (D-OR) introduced the No Internment Camps Act (S. 3567) to prohibit the use of funds for the operation or construction of immigration detention facilities, and for other purposes.
Practice Alert: Pereira v. Sessions and Matter of Bermudez-Cota
AILA provides a practice alert on the acceptability of Notices to Appear (NTAs) following the Supreme Court decision in Pereira v. Sessions and the Board of Immigration Appeals decision, Matter of Bermudez-Cota.
BIA Holds Georgia Financial Transaction Card Theft Not an Aggravated Felony
Unpublished BIA decision holds that financial transaction card theft under Geo. Code Ann. 16-9-31(a)(1) is not an aggravated felony because it applies to fraudulent takings. Special thanks to IRAC. (Matter of Jasim, 10/9/18)
GAO Issues Report on Agency Efforts to Reunify Children Separated from Parents at the Border
The GAO issued a report on the processes for tracking and reunifying separated families. This report discusses DHS/HHS efforts related to the AG’s April 2018 memo, systems for indicating children were separated from parents, and actions to reunify families in response to the June 2018 court order.
IJ Terminates Proceedings After Finding Conviction Under NYPL §261.01 Does Not Render Respondent Removable
IJ granted motion to terminate, finding respondent's conviction for possession of a weapon under NYPL §261.01 categorically overbroad, divisible, and finding the modified categorical approach insufficient to satisfy DHS's burden of proof. Courtesy of Michael Z. Goldman.
CBP Issues Updated Statement on Canada’s Legalization of Marijuana and Crossing the Border
CBP released an updated statement on Canada’s marijuana legalization, stating that “A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S."
TRAC Report: Profiling Who ICE Detains
TRAC reviewed case-by-case ICE records and released a report on who ICE is detaining, finding that 58% of individuals in ICE custody had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation.
Bite-Sized Ethics: Advising Clients on DACA Given its Uncertain Future
An estimated 700,000 people have been granted DACA since the program’s start. With the current administration’s efforts at immigration enforcement, this article from AILA’s PPC discusses how immigration attorneys must be more aware than ever of their ethical duties in advising DACA clients.
BIA Holds Food Stamp Fraud Not a CIMT
Unpublished BIA decision holds that the unauthorized use of food stamps under 7 U.S.C. 2024(b) is not a CIMT, finding persuasive the analysis in Huynh v. Holder, 321 F. App’x 649 (9th Cir. 2009). Special thanks to IRAC. (Matter of Jeong, 10/5/18)
House Members Condemn Transfer of Migrant Children to Tent City in Texas
On 10/5/18, Representatives Lucille Roybal-Allard (D-CA), Pramila Jayapal (D-WA), and Zoe Lofgren (D-CA) led a group of 72 members of Congress in sending a letter to DHHS and DHS condemning the transfer of more than 1,600 children to an Office of Refugee Resettlement tent city in Tornillo, TX.
CA8 Finds Applicant Failed to Establish Past Persecution or Well-Founded Fear of Future Persecution
The court held that harm petitioner suffered did not rise to the level of persecution, and that potential future persecution was avoidable by reasonable relocation within Ecuador based on petitioner’s prior successful relocations. (Molina-Cabrera v. Sessions, 10/5/18)
BIA Dismisses Respondent’s Appeal and Discusses §18.5 of the California Penal Code
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II). Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018)
A Resurgence of Hope for Many TPS Holders
Jason Boyd, AILA Policy Counsel, offers insights into the preliminary injunction granted in Ramos v. Nielsen, offering TPS holders, from El Salvador, Haiti, Nicaragua, and Sudan, and their families, hope in a very uncertain time.