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
CA1 Denies Petition for Review of Denial of Asylum, Withholding, and CAT Protection to Guatemalan Quiché Petitioners
The court denied the petition for review, holding, among other things, that the petitioners did not show that the government of Guatemala condoned the actions of those who mistreated the petitioners or was unable or unwilling to protect them. (Olmos-Colaj v. Sessions, 3/29/18)
CA1 Denies Petition for Review Challenging BIA’s Denial of Motion to Reopen
The court found that the BIA did not abuse its discretion when it dismissed the petitioner’s motion to reopen as untimely. The court also dismissed for lack of jurisdiction his challenge to the BIA’s decision not to exercise its sua sponte authority to reopen. (Reyes v. Sessions, 3/29/18)
CA2 Finds Petitioner Removable Where CSA Drug Schedules Were Broader at Time of Conviction Than at Time of Removal
The court found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable, even though the Controlled Substances Act (CSA) schedules of drugs were broader at time of conviction than at the time of removal. (Doe v. Sessions, 3/29/18)
BIA Holds That Failure to Voluntarily Depart Does Not Trigger Fugitive Disentitlement Doctrine
Unpublished BIA decision reverses IJ’s finding that respondent’s failure to leave under a grant of voluntary departure triggered the fugitive disentitlement doctrine, noting that he had been complying with an order of supervision. Special thanks to IRAC. (Matter of Ba, 3/29/18)
ICE Fact Sheet: Policies and Procedures Involving Detained Parents and Legal Guardians
ICE released a fact sheet with its current policy and procedures addressing considerations when detaining and removing parents and legal guardians of minor children.
EOIR Extension of Comment Request Period on Proposed Revisions to Form EOIR-26A
EOIR 30-day extension of a comment period on proposed revisions to Form EOIR-26A, Fee Waiver Request. Comments are now due 4/26/18. (83 FR 13146, 3/27/18)
CA4 Holds That “Egregious Violation” Exclusionary Rule Applies to State and Local Officers
The court held that the “egregious violation” exclusionary rule applies in civil deportation proceedings to state and local officers, and that the petitioner did not prove an egregious violation by state law enforcement of his Fourth Amendment rights. (Sanchez v. Sessions, 3/27/18)
Board of Immigration Appeals Practice Manual (3/23/18)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on March 23, 2018). This manual describes procedures, requirements, and recommendations for practice before the BIA.
P.L. 115-141: Consolidated Appropriations Act, 2018
On 3/23/18, President Trump signed into law the Consolidated Appropriations Act, 2018 (H.R. 1625) to fund the government until September 30, 2018.
AG Invites Amicus Briefs on Continuances for Adjudication of Collateral Matters
The Attorney General referred BIA decisions to himself for review of when there is "good cause" to grant a continuance to adjudicate a collateral matter. Amicus briefs are due by 4/22/18. AILA is seeking the underlying decisions. Matter of L-A-B-R- et al., 27 I&N Dec. 245 (A.G. 2018)
Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez
On 3/21/18, ACLU, ACLU of Southern California, and Stanford Immigrants’ Rights Clinic published a practice advisory on prolonged detention challenges after Jennings v. Rodriguez.
Congress Set to Approve Funding Deal, Leaves Dreamers Out in the Cold
With Congress set to approve billions of additional funding for immigration enforcement as part of the spending package funding the federal government through September 30, AILA President Annaluisa Padilla noted, “It is absolutely shameful that there is no solution for Dreamers in this legislation.”
CA5 Denies Petition for Review Where Defendant Failed to Raise the Issue of the Realistic Probability Test
The court found that the BIA did err in its application of the categorical approach to the petitioner’s conviction, but denied the petition for review because the petitioner failed to address the issue of the realistic probability test in his brief. (Vazquez v. Sessions, 3/21/18)
ACLU Affiliates Sends Letter to Greyhound Buses on Immigration Raids
ACLU affiliates sent a letter to Greyhound on its practice of permitting CBP agents to routinely board its buses and question passengers about their citizenship and immigration status, stating Greyhound has the right to deny CBP permission to board and search its buses without a judicial warrant.
CA3 Finds New Jersey Conviction for Receiving Stolen Property to Be an Aggravated Felony
The court denied the petition for review, holding that a conviction under N.J. Stat. Ann. §2C:20-7(a) for receiving stolen property is categorically an aggravated felony under INA §101(a)(43)(G). (Lewin v. Sessions, 3/20/18)
CA4 Vacates Matter of Jimenez-Cedillo
The court remanded to the BIA, holding that the BIA’s failure to provide a reasoned explanation as to why it abandoned its precedent regarding when a sexual offense against a minor is a CIMT was arbitrary and capricious. Courtesy of Ben Winograd. (Jimenez-Cedillo v. Sessions, 3/20/18)
ICE ERO/AILA South Florida Liaison Meeting Minutes (Spring 2018)
Minutes from the South Florida Chapter’s Spring 2018 meeting with the ICE ERO office.
BIA Holds That Term “Entry” Retains Pre-IIRIRA Meaning
Unpublished BIA decision holds that the term “entry” in INA §237(a)(2)(E)(i) was not affected by the passage of the IIRIRA and thus does not apply to LPRs returning from a trip abroad that was innocent, casual, and brief. Special thanks to IRAC. (Matter of Espinoza-Ramirez, 3/20/18)
DHS Notice of Modification of “DHS/ICE-013 Alien Health Records System” System of Records
DHS notice of the proposed modification and reissuance of the “DHS/ICE-013 Alien Health Records System” system of records, which contains health records on ICE detainees. Comments are due 4/18/18. (83 FR 12015, 3/19/18)
CA10 Holds that Violation of 18 USC §1542 Is Categorically a Crime Involving Moral Turpitude
The court held that a violation of 18 USC §1542 for making a false statement in a passport application is categorically a crime involving moral turpitude. (Afamasaga v. Sessions, 3/19/18)
CA1 Upholds Denial of Asylum Where Evidence Showed Persecution Was Based on an Economic Motive
The court denied the petition for review, finding that substantial evidence showed that the petitioner failed to establish eligibility for asylum by failing to show a nexus between his alleged persecution and a statutorily protected ground. (Lopez-Lopez v. Sessions, 3/16/18)
United States Commission on Civil Rights Sends Letter to ICE Regarding Immigration Enforcement Actions Inside Courthouses
On March 16, 2018, the United States Commission on Civil Rights wrote a letter to Thomas Homan, Deputy Director of ICE, regarding recent immigration enforcement actions inside of courthouses. The commission urged ICE to stop these practices and classify courthouses as sensitive locations.
CA11 Finds Government Did Not Meet Burden to Show Asylum Petitioner Could Relocate Within China
In an unpublished opinion, the court remanded the case to the BIA, holding that the government did not meet its burden to show that the Chinese Christian petitioner could relocate within China to avoid persecution. Courtesy of Henry Zhang. (Shi v. Attorney General, 3/15/18)
BIA Finds California Attempted Voluntary Manslaughter to Be an Aggravated Felony Under INA §101(a)(43)(F)
The BIA held that attempted voluntary manslaughter in violation of §§192(a) and 664 of the California Penal Code is categorically an aggravated felony crime of violence under INA §101(a)(43)(F). Matter of Cervantes Nunez, 27 I&N Dec. 238 (BIA 2018)
CA3 Finds Counsel’s No-Show at Reasonable-Fear Screening Didn’t Warrant Relief
The court denied the petitions for review, determining that the petitioner failed to demonstrate that his due process rights were violated when an immigration judge reviewed a negative reasonable fear determination without his attorney present. (Bonilla v. Sessions, 3/15/18)