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
DHS/HHS Notice of Proposed Rulemaking on Flores Settlement Agreement
DHS/HHS notice of proposed rulemaking to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles and would terminate the Flores Settlement Agreement. Comments are due by 11/6/18. (83 FR 45486, 9/7/18)
AILA, Others File Amicus Brief Arguing Term “Crime Involving Moral Turpitude” Unconstitutionally Vague
AILA, along with several other organizations, filed an amicus brief with the Ninth Circuit Court of Appeals in Martinez-De Ryan v. Sessions arguing that the term “crime involving moral turpitude” is unconstitutionally vague.
The Council Provides Practice Advisory on Motions for a Continuance
The American Immigration Council provided a practice advisory with an overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances, as well as strategies in light of Matter of L-A-B-R-.
CA3 Denies Petition, Holds §237(a)(1)(H) Fraud Waiver Does Not Reach §237(a)(2) CIMT Conviction for Making False Statements
The court held §237(a)(1)(H)’s text and structure limit its application to only §237(a)(1) grounds of inadmissibility, like fraud and other grounds resulting from that underlying fraud; cannot reach deportability grounds like a §237(a)(2) CIMT. (Tima v. Att’y Gen., 9/6/18)
CA1 Dismisses, Finds Petitioner Failed to Present Any Colorable §240A or Due Process Arguments to Trigger Jurisdiction
The court held IJ’s assessment on qualifying relative’s health was fact-finding, not legal question to trigger jurisdiction. CA1 also found discretionary relief not protected by due process; thus, no jurisdiction to review use of police report in §240A decision. (Rivera v. Sessions, 9/6/18)
Trump Administration Lines Up End Run Around Protections for Detained Children
The Trump administration announced plans to release proposed changes to regulations that are intended to terminate the Flores Settlement Agreement, a decades-old court settlement put in place to ensure the safety and proper care of children in immigration detention.
EOIR Issues Analysis of Its Legal Orientation Program
EOIR conducted an analysis comparing multiple key performance metrics between respondents who participated in its general Legal Orientation Program (LOP) and those who did not. The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.
Sign-On Letter on Reduction of Detention and Enforcement Funds in FY2019 Continuing Resolution
On 9/5/18, AILA joined national, state, and local immigrant rights organizations on calling on congressional leadership and appropriators to reduce ICE’s funds for immigration detention and enforcement due to DHS’s overspending and poor conditions inside ICE’s jails.
BIA Terminates Removal Proceedings Against Respondent Convicted of Possession of Drug Paraphernalia
Unpublished BIA decision grants joint motion to terminate removal proceedings reflecting agreement that possession of drug paraphernalia under 35 Penn. Stat. §780-113(a)(32) falls under exception for personal use of marijuana. Special thanks to IRAC. (Matter of Cumorovic, 9/5/18)
EOIR Releases Updated Uniform Docketing System Manual
EOIR issued an updated Uniform Docketing System Manual covering the case processing system that governs the management of all cases in the immigration court. Operational procedures are amended or created through OPPM issued by the Chief Immigration Judge.
BIA Distinguishes Pereira and Dismisses Respondent’s Appeal
The BIA found that a notice to appear without specific time/place of initial removal hearing still vests an IJ with jurisdiction over the removal and meets INA requirements, so long as a notice of hearing with this information is later sent. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)
USCIS Provides Data on Active DACA Recipients as of August 31, 2018
USCIS provided data on active DACA recipients as of August 31, 2018, by country of birth.
USCIS Provides Approximate Number of Active DACA Recipients as of August 31, 2018
USCIS provided data on the approximate number of active DACA recipients, as well as the number with a renewal pending, broken down by month and year of their current DACA expiration date, as of August 31, 2018.
USCIS Provides Data on Pending DACA Applications as of August 31, 2018
USCIS provided data on the approximate number of DACA renewals pending with expired DACA and the approximate number of DACA initial applications pending, as of August 31, 2018.
Judge Denies Preliminary Injunction, Preserving DACA For Now
On June 18, 2020, following the SCOTUS decision, Judge Hanen issued an order staying the case for 30 days, and that "at that time, the parties are to file a joint status report setting out their respective positions given that ruling and an agreed schedule to resolve this matter.”
BIA Rescinds In Absentia Order Due to Problems With Hearing Notice
Unpublished BIA decision rescinds in absentia order because the hearing notice was returned as undeliverable and the address was not visible through the envelope window. Special thanks to IRAC. (Matter of Lozano Alvarado, 8/31/18)
USCIS Performance Data on DACA Applications Through August 2018
USCIS statistics on I-821D DACA applications, broken down by intake, case status, and whether the application was an initial or renewal application for FY2012 through the third quarter of FY2018 plus August 2018. The FY2018 data is broken down by quarter.
CA9 Remands, Holds Petitioner Did Not Make False Claim of Citizenship
The court held petitioner did not complete a Form I-9, so he did not falsely claim citizenship under the 8 USC §1324a attestation requirement for private employment, and, thus, did not make a false representation for benefits under INA §212(a)(6)(C)(ii)(I). (Diaz-Jimenez v. Sessions, 8/30/18)
CA9 Remands, Holds IJ/BIA Erred in Determining No Past Persecution and in Reliance on Outdated Reports to Rebut Presumption of Future Persecution
The court held that harm to petitioner and his family established past persecution on account of protected grounds, and held reliance on outdated country conditions failed to rebut presumption of future persecution; it also reversed CAT denial. (Quiroz Parada v. Sessions, 8/29/18)
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.
Practice Pointer: Matter of Castro-Tum
On 5/17/18, the Attorney General issued a decision in Matter of Castro-Tum that severely limits immigration judges’ authority to administratively close cases. This practice pointer examines the decision’s major holdings, provides tips for affected cases, and highlights additional resources.
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)
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)