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 Respondent Eligible to Adjust Status Under INA §245(i)
Unpublished BIA decision finds respondent eligible to adjust status under INA §245(i), stating that an applicant need only be the beneficiary of either a labor certification or a visa petition filed on or before April 30, 2001. Special thanks to IRAC. (Matter of Dominguez, 2/13/18)
Senators Call For End To Family Separation at Southern Border
On 2/12/18, 33 U.S. senators sent a letter to DHS Secretary Nielsen, calling for an end to family separation and the reversal of policies that obstruct the ability of those seeking humanitarian relief to pursue protection or result in the needless separation of parents and children.
Congressional Black Caucus Rejects the President’s Immigration Proposal
On 2/12/18, the Congressional Black Caucus wrote a letter to President Trump expressing their opposition to the President’s immigration proposal. They specifically rejected the proposed elimination of the Diversity Immigrant Visa Program.
BIA Rescinds In Absentia Order Because Attorney Failed to Update Address
Unpublished BIA decision rescinds in absentia order because hearing notice was mailed to old address that attorney failed to update after moving offices. Special thanks to IRAC. (Matter of Liu, 2/12/18)
BIA Equitably Tolls 30-Day Appeal Deadline
Unpublished BIA decision equitably tolls deadline to file appeal in light of ineffective assistance by prior counsel in failing to pursue asylum application. Special thanks to IRAC. (Matter of S-L-H-O-, 2/12/18)
CRCL Issues Recommendations Memo to CBP Concerning Suicide Prevention
CRCL investigated suicide attempts by persons in CBP custody, and reviewed relevant policies and procedures related to suicide prevention. CRCL issued several recommendations affecting the OFO and USBP, with regards to training, intervention procedure, reporting, and more.
District Court Orders IJs to Consider Asylum Seekers’ Financial Circumstances When Setting Bond
A district court ordered that once an IJ has determined that an asylum-seeker at the Batavia Federal Detention Facility should be released on bond, financial circumstances as well as alternative conditions of release should be considered. (Abdi, et al v. Nielsen, 2/9/18)
CA10 Affirms District Court’s Certification of Two Classes of ICE Detainees in Private Contract Detention Facility
The court affirmed the district court’s certification of two classes of ICE detainees housed in a GEO group private contract detention facility in Aurora, Colorado. The detainees’ complaint is based on a forced labor claim and an unjust enrichment claim. (Menocal v. GEO Group, 2/9/18)
AILA Submits Amicus Brief on Motions to Reopen
AILA submitted an amicus brief, filed with the Sixth Circuit, explaining the mechanics of a motion to reopen, with an emphasis on motions to reopen for changed country conditions or other changes in law that affect an individual’s removability.
BIA Rescinds In Absentia Order Because NTA Did Not Specify Immigration Court
Unpublished BIA decision rescinds in absentia order because NTA did not specify the particular immigration court at which the respondent was required to appear. Special thanks to IRAC. (Matter of Ramos, 2/9/18)
CA7 Denies Petition for Review of Denial of CAT Relief for Bisexual Jamaican Citizen
The court concluded that the denial of CAT deferral of removal was supported by substantial evidence, finding that the petitioner, a bisexual Jamaican citizen, did not provide sufficient evidence that he specifically would be targeted for extreme violence. (Bernard v. Sessions, 2/8/18)
CA5 Denies Petition for Review Where Petitioner Claimed Lack of Notice of Hearing
The court denied the petition for review, holding that the BIA did not abuse its discretion in affirming the IJ’s decision that the petitioner received proper notice of her hearing where delivery of the notice occurred at the address the petitioner provided. (Garcia Nunez v. Sessions, 2/8/18)
EOIR Swears in Five Immigration Judges
EOIR announced the investiture of five new immigration judges on February 8, 2018. Attorney General Jeff Sessions appointed Angelo J. DiCamillo, John M. Gillies, Mindy E. Hoeppner, Cort M. Picton, and Nathaniel B. Walker to their new positions.
Coalition for the American Dream Opposes H.R. 4760
On 2/8/18, the Coalition for the American Dream, of which AILA is a member, sent a letter to Republican and Democratic leaders in Congress declaring opposition to H.R. 4760: Securing America’s Future Act of 2018, which does not provide a permanent workable legislative solution for Dreamers.
House Minority Leaders Request Speaker Ryan Schedule a Vote to Protect Dreamers
On 2/8/18, House minority leaders Nancy Pelosi (D-CA), Steny Hoyer (D-MD), and James Clyburn (D-SC) wrote a letter to Speaker Paul Ryan (R-WI) requesting he assure the scheduling of a vote on a DACA bill. They mentioned that Democrats have supported a budget agreement to keep the government open.
CA9 Finds INA §318 Did Not Preclude District Court from Considering Petitioners’ Naturalization Applications
The court held that INA §318 does not preclude a district court from considering a naturalization application that is properly before the court pursuant to INA §336(b). (Yith v. Nielsen, 2/7/18)
CA1 Finds Salvadoran Petitioner Did Not Establish Nexus Between Fear of Harm and a Familial Relationship
The court denied the petition for review, holding that the petitioner did not establish a nexus between her fear of harm by gang members and a familial relationship and that the harm was motivated by the gang’s desire to extort money from her. (Villalta-Martinez v. Sessions, 2/7/18)
District Court Finds No Authority to Detain People Exclusively on the Basis of Suspected Civil Immigration Violations
A federal district court issued an order finding, among other things, that the Los Angeles County Sheriff’s Department “does not have authority to detain people exclusively on the basis of suspected civil immigration violations.” (Roy v. County of Los Angeles, 2/7/18)
BIA Remands for Testimony on Amount of Loss to Victims of Fraud
Unpublished BIA decision holds that IJ should have permitted respondent to testify regarding amount of loss to the victims before finding that he had been convicted of an aggravated felony under INA §101(a)(43)(M)(i). Special thanks to IRAC. (Matter of Mena, 2/7/18)
CA5 Finds Plaintiff Could Not Prove United States Citizenship
The court concluded that the plaintiff, born in 1969 in Mexico, could not meet the requirements to prove United States citizenship because he could not show that he was legitimated by his United States citizen father before the plaintiff turned 21. (Gonzalez-Segura v. Sessions, 2/6/18)
DOJ 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-26A
DOJ 30-day notice and request for comments on proposed revisions to Form EOIR-26A, Fee Waiver Request. Comments are due 3/7/18. (83 FR 5145, 2/5/18)
S. 2367 Uniting and Securing America (USA) Act of 2018
On 2/5/18, Senators Christopher Coons (D-DE) and John McCain (R-AZ) introduced the Uniting and Securing America Act of 2018 (S. 2367) to provide adjustment of status for DACA recipients, improve border security, and reduce delays in immigration court, among other things.
BIA Rescinds In Absentia Order Against Respondent Who Recently Gave Birth
Unpublished BIA decision rescinds in absentia order upon finding that respondent giving birth via caesarean section 10 days prior constituted exceptional circumstances for her failure to appear. Special thanks to IRAC. (Matter of Valencia Barragan, 2/5/18)
USCIS Provides Questions and Statistics from TRIG Meeting (2/14/18)
On 2/4/18, AILA and other stakeholders met with the USCIS Terrorist-Related Inadmissibility Grounds (TRIG) Working Group. USCIS answered questions and provided statistics regarding TRIG exemptions in adjustment, refugee, and asylum cases.
CA1 Upholds Denial of Withholding of Removal and CAT Protection to Honduran Petitioner
The court denied the petition for review, finding, among other things, that the evidence did not compel a finding that the petitioner established a nexus between his alleged past persecution or any likely future persecution and his family membership. (Ruiz-Escobar v. Sessions, 2/2/18)