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
MO-KS Chapter Calls for Immediate Suspension of ERO Officers Involved in Assault of Immigration Attorneys
The Missouri-Kansas Chapter authored a letter, and nearly 400 state-wide organizations and individuals signed on, calling for the immediate suspension of the ERO officers involved in the physical assault of two immigration attorneys.
BIA Finds Federal Statute Not a Prostitution-Related Aggravated Felony
Unpublished BIA decision holds that 18 USC §1952(a)(3) is not an aggravated felony because respondent’s activity did not clearly relate to the ownership, control, management, or supervision of a prostitution business. Special thanks to IRAC. (Matter of Patel, 7/3/18)
Federal Judge Orders Immediate Release or Grant of Hearing for More Than 1,000 Asylum Seekers
A U.S. District Court granted the plaintiffs’ motions for a preliminary injunction and provisional class certification, ordering the U.S. government to immediately release or grant hearings to more than 1,000 asylum seekers held at five ICE field offices. (Damus, et. al., v. Nielsen, 7/2/18)
TRAC: Three-fold Difference in Immigration Bond Amounts by Court Location
Transactional Records Access Clearinghouse found that data, current through May 2018, revealed a three-fold difference across immigration courts in the median bond amount set. The highest median bond amounts were required by the Tacoma, WA Immigration Court and the Hartford, CT Immigration Court.
EOIR Fact Sheet: Observing Immigration Court Hearings
EOIR provided a fact sheet on observing immigration court hearings, including when hearings are closed.
GAO Releases Report on Foreign Nationals Arrested or Convicted of Crimes
The Government Accountability Office (GAO) released a report to congressional requesters on statistics related to foreign nationals arrested or convicted of crimes, with information on incarcerations, arrests, convictions, costs, and removals. Report is based on data from FY2010 through FY2016.
EOIR Provides Comparison Chart of In Absentia Rates
EOIR provides a comparison chart of in absentia rates from FY2014 through FY2018 (through 6/30/18).
AILA Submits Amicus Brief on Noncitizen Eligibility for Relief from Removal Based on Prior Ambiguous Conviction
AILA submitted an amicus brief, filed with the Ninth Circuit, discussing the modified categorical approach on the issue of whether a noncitizen is ineligible for relief from removal based on a prior conviction when the record of that conviction is ambiguous.
CA8 Remands, Finding BIA’s “Opaque Opinion” Needs Clarification
The court was unable to resolve whether the BIA conducted impermissible factfinding of its own and thus granted the petition for review and remanded for further proceedings. (Garcia-Mata v. Sessions, 6/29/18)
AILA Quicktake #244: An Update on Family Separation and Family Detention
Director of the Immigration Justice Campaign Karen Lucas discusses the injunction issued by a court in California and explains the Immigration Justice Campaign's involvement in the family separation crisis on the border.
C.D. Cal. Grant Injunctive and Declaratory Relief Pursuant to Flores Settlement
Plaintiffs seek class certification to have ORR policies/practices be declared unlawful and to enjoin due process violations in evaluating fitness of custodians, placement in secure facilities, administering psychotropic drugs, and lack of access to counsel. (Lucas R. v. Azar, 6/29/18)
BIA Upholds Grant of Cancellation to Applicant from Palestine
Unpublished BIA decision finds that respondent’s child would suffer exceptional and extremely unusual hardship in Palestine because she could not read or write Arabic and would be regularly subjected to Israeli security checkpoints. Special thanks to IRAC. (Matter of M-O-I-, 6/29/18)
BIA Holds that Texas Burglary of a Vehicle Is Not a CIMT
Unpublished BIA decision holds that burglary of a vehicle under Tex. Penal Code 30.04(a) with the intent to commit theft or any felony is not a CIMT. Special thanks to IRAC. (Matter of Perez, 6/29/18)
BIA Holds Pennsylvania Simple Assault Not a CIMT or Crime of Violence
Unpublished BIA decision holds that simple assault under 18 Pa. Cons. Stat. Ann. 2701(a)(1) is not divisible and thus not a crime of violence under 18 USC §16(a) nor a CIMT. Special thanks to IRAC. (Matter of Bayoh, 6/29/18)
BIA Dismisses Appeal and Sets Forth Standard for Evaluating Claims of Duress
The BIA found applicant had not established he was under duress when assisting in the persecution of prisoners persecuted under his guard in an Eritrean prison camp and sets forth a standard for evaluating claims under the duress exception. Matter of Negusie, 27 I&N Dec. 347 (BIA 2018)
USCIS Issues Policy Memo on NTAs for Cases Involving DACA Recipients
USCIS released a policy memo, with guidance effective immediately, that confirms and clarifies which Notice to Appear (NTA) and referral policies apply to past or pending DACA requestors when processing a DACA request or DACA-related benefit request.
USCIS Issues Policy Memo with Updated Guidance for the Referral of Cases and Issuance of NTAs
USCIS issued a policy memo outlining how its Notice to Appear (NTA) and referral policies implement DHS removal priorities.
CA5 Upholds BIA’s Rejection of Ineffective Assistance Claim
The court rules the motion to reopen application for cancellation of removal was properly denied as untimely, and, because petitioner’s failed to establish ineffective assistance of counsel, was not subject to equitable tolling. (Diaz v. Sessions, 6/28/18)
House Judiciary Democrats Request Answers to Family Separation Policy
On 6/28/18, Democrats in the House Judiciary Committee requested that the administration respond to questions about the inception and implantation of family separation policy, as well as the level of coordination between relevant agencies.
EOIR Provides Infographic About ECAS Electronic Filing Program
EOIR provided an infographic that explains the EOIR Courts & Appeals System (ECAS) initiative, which aims to phase out paper filing and processing, and retain all records and case-related documents in electronic format. The infographic describes the applications and tools that comprise ECAS.
BIA Rescinds In Absentia Order in Case that Was Previously Terminated
Unpublished BIA decision rescinds in absentia order because respondent was not obligated to appraise immigration court of any change of address after proceedings were terminated to allow him to adjust status before USCIS. Special thanks to IRAC. (Matter of Rop, 6/28/18)
A Victory for Due Process
AILA Policy Counsel Jason Boyd highlights the potential impact of the Supreme Court's decision in Sessions v. Pereira as it relates to information required on a Notice to Appear.
CA8 Rules that Missouri Controlled Substance Statute Is Divisible
The court denied the petition to review the BIA conclusion that the LPR was removable for a prior conviction under Missouri statute, which it found was categorical match to elements of §237(a)(2)(B)(i). (Bueno-Muela v. Sessions, 6/27/18)
CA4 Holds That Imposition of Court Costs Does Not Qualify as “Conviction”
The court granted the petition for review, find that an assessment of $100 in costs, assessed attendant to prayer for judgment continued, is not a “penalty” under INA §101(a)(48)(A)(ii) and is therefore not a “conviction” under the INA. (Guzman Gonzalez v. Sessions, 6/27/18)
Sign-On Letter Asking Attorney General Sessions to Revoke Matter of A-B-
On June 27, 2018, AILA joined approximately 465 other organizations in a letter to Attorney General Jeff Sessions expressing concern for the lives of immigrant survivors of domestic violence following his wrongful decision in Matter of A-B- and asking him to immediately revoke the decision.