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 Holds California Child Abuse Statute Not a CIMT
Unpublished BIA decision holds that child abuse under Cal. Penal Code 273a(a) is not a CIMT because it only requires a mens rea of negligence and can be violated by conduct that is believed in good faith to be in the child’s best interest. Special thanks to IRAC. (Matter of Torres, 2/22/18)
BIA Rejects DHS Request to Overrule Matter of Cota
Unpublished BIA decision rejects DHS request that it overrule Matter of Cota, 23 I&N Dec. 849 (BIA 2005), over dissent of Member Garry Malphrus. Special thanks to IRAC. (Matter of Madrigal, 2/22/18)
DHS OIG Finds ICE Did Not Follow Federal Procurement Guidelines When Contracting for Detention Services
DHS OIG found that In September 2014, ICE improperly modified an existing service agreement with the City of Eloy in Arizona to establish the 2,400-bed South Texas Family Residential Center in Dilley, Texas, more than 900 miles away. ICE believes that its modification were proper.
Congressional Report: Economic Impact of DACA – Spotlight on Small Business
On 2/21/18, the Democrats of the Committee on Small Business Committee published a report on the economic impact of DACA. The report demonstrates the important role that DACA recipients play in macroeconomic contributions, tax contributions, consumer spending power, and entrepreneurship.
BIA Finds IJ Properly Considered Applicant’s Border Interview in Making Credibility Determination
The BIA dismissed the appeal, stating that when considering a border or airport interview in making a credibility determination, an IJ should assess the accuracy and reliability of the interview based on the totality of the circumstances. Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)
CA11 Holds That Petitioner’s Florida Drug Trafficking Conviction Was Categorically Not an Aggravated Felony
The court held that Florida Statutes §893.135(1)(c)1. (2007), which criminalized various narcotics offenses, was indivisible and categorically overbroad, and therefore a conviction under that statute cannot qualify as an aggravated felony under the INA. (Cintron v. Attorney General, 2/20/18)
American Immigration Council Submits Amicus Brief on Administrative Closure
The American Immigration Council, with other immigrant rights organizations, submitted an amicus brief in the Matter of Castro-Tum. In this case, Attorney General Sessions referred to himself questions related to administrative closure.
ICE Announces LA Operation Resulting in 212 Arrests and 122 NOIs
ICE announced that deportation officers and special agents arrested 212 individuals for violating federal immigration laws and served 122 notices of inspection (NOIs) to businesses in the Los Angeles “area of responsibility” during a five-day targeted operation.
Senate Bipartisan Efforts to Save Dreamers Destroyed by Veto Threat
AILA expressed deep disappointment in the failure of the Senate to pass commonsense reforms to protect Dreamers. At the same time, AILA commends the many senators who stood firm against the nativist voices demanding legislation to gut legal immigration and make our country weaker.
AILA Submits Amicus Brief on Administrative Closure Authority
AILA filed an amicus brief with other organizations in Matter of Castro-Tum, which the Attorney General had referred to himself for review. The brief argues that immigration judges have the authority to administratively close a case and that continuances are not an adequate substitute.
Resources To Prepare for Raids and Other Immigration Enforcement Actions
AILA, along with NGO partners, compiled a one-pager on how to prepare for immigration raids. Resources include links to Know Your Rights handouts, toolkits, how to find a detainee, information on filing a complaint, reporting enforcement actions to advocacy organizations, and more.
BIA Rescinds In Absentia Order for Respondent Whose Car Broke Down En Route to Hearing
Unpublished BIA decision rescinds in absentia order under totality of the circumstances against respondent who had appeared at 15 prior hearings and whose car broke down en route to his final hearing. Special thanks to IRAC. (Matter of Gudiel, 2/16/18)
BIA Declines to Consider Interlocutory DHS Appeal Challenging Three-Month Continuance
Unpublished BIA decision declines to consider interlocutory DHS appeal of decision continuing proceedings from November 2017 to February 2018. Special thanks to IRAC. (Matter of Concha, 2/16/18)
CA1 Finds BIA Did Not Abuse Its Discretion in “Particularly Serious Crime” Analysis
The court denied the petitions for review, finding that the BIA did not abuse its discretion in concluding that the petitioner’s aggravated identity theft conviction was a “particularly serious crime” rendering her ineligible for withholding. (Valerio-Ramirez v. Sessions, 2/15/18)
BIA Rescinds In Absentia Order Because Hearing Notice Omitted “In Care Of”
Unpublished BIA decision rescinds in absentia order because address on hearing notice did not include “in care of” notation listed on respondent’s change of address form. Special thanks to IRAC. (Matter of Mejia-Flores, 2/15/18)
CA1 Remands Case to the BIA to Determine Whether Massachusetts Arson Is a CIMT
The court found that the reasoning the BIA used to conclude that Massachusetts arson is categorically a crime involving moral turpitude (CIMT) was inadequate, and remanded the petitioner’s case to the BIA. (Rosa Pena v. Sessions, 2/14/18)
USCIS Not Accepting DACA Requests from Individuals Never Granted DACA
USCIS announced that the scope of the 2/13/18 preliminary injunction is the same as the preliminary injunction issued on 1/9/18. Until further notice, and unless otherwise provided, the DACA policy will continue to be operated on the terms in place before it was rescinded on 9/5/17.
CA9 Refuses to Remand Case Where Petitioners Did Not Show Eligibility for Administrative Closure
The court found that the IJ and BIA erred by not reviewing the petitioners’ administrative closure request, but that remand was not required because the petitioners did not show eligibility for administrative closure under the Avetisyan factors. (Gonzalez-Caraveo v. Sessions, 2/14/18)
BIA Solicits Amicus Briefs on the Conviction for Possession of a Controlled Substance in Florida
The BIA solicits amicus briefs on the question of whether Fla. Stat. § 893.13(6)(a) categorically defines a violation “relating to” a controlled substance as provided in sections 212(a)(2)(A)(i)(II) and 237(a)(2)(B)(i) of the INA. Briefs are due 3/29/18.
Sign-On Letter to Congress Regarding Unaccompanied Children and Asylum Seekers
On 2/14/18, AILA joined 99 other organizations in a letter urging Congress to support the Dream Act and vote against proposals that would punish asylum seekers and vulnerable immigrant children. These harmful proposals would violate due process for asylum seekers and unaccompanied minors.
BIA Solicits Amicus Briefs on Removability and Aggravated Felony Definitions
The BIA solicits amicus briefs on whether DHS can establish removability by charging an individual as an aggravated felon under two separate aggravated felony definitions, neither of which would independently be a categorical match to the statute of conviction. Briefs are due 3/16/18.
Sign-On Letter Urging Congress to Pass the Dream Act and Reject the White House Proposal
On 2/13/18, AILA joined 268 other organizations in a letter calling on Congress to enact permanent protections for Dreamers and reject the White House’s immigration proposal. The letter states that “protecting Dreamers cannot come at the cost of harming other immigrants or immigrant communities.”
ICE Lies: Public Deception, Private Profit
The National Immigrant Justice Center and Detention Watch Network issued a report on ICE that proposes that DHS's patterns of irresponsible governance—including fiscal mismanagement and opacity in detention operations—contribute to a failure of accountability for its ongoing rights violations.
CA4 Holds BIA Erred in Finding Petitioner Did Not Meet Nexus Requirement for Asylum and Withholding Claims
The court found that the BIA erred in holding that the petitioner did not meet the “nexus” requirement for his asylum and withholding of removal claims, finding that at least one central reason for his persecution by MS-13 was his membership in his family. (Salgado-Sosa v. Sessions, 2/13/18)
District Court in New York Issues Nationwide Injunction Against Rescission of the DACA Program
The district court issued a nationwide preliminary injunction ordering the government to maintain the DACA program on the same terms and conditions that existed prior to the 9/5/17 DACA rescission memo, subject to certain limitations. (New York v. Trump, 2/13/18)