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
CA2 Finds There Is No Duress Exception to the “Material Support Bar”
The court joined several other circuits in holding that the “material support bar” in INA §212(a)(3)(B)(iv)(VI) does not except individuals who acted under duress. (Hernandez v. Sessions, 2/28/18)
CA5 Dismisses Equitable Tolling Case for Lack of Jurisdiction
Where the petitioner filed a statutorily untimely motion to reopen but argued she was entitled to equitable tolling, the court dismissed the petition for lack of jurisdiction, finding that whether equitable tolling applied was a question of fact, not of law. (Penalva v. Sessions, 2/28/18)
BIA Holds Possession of Drug Paraphernalia in Arizona Is Not a Controlled Substance Offense
Unpublished BIA decision holds that possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415(A) is not a controlled substance offense because Arizona’s drug schedules contain substances not listed on the federal schedule. Special thanks to IRAC. (Matter of Arreaza-Oliva, 2/28/18)
SCOTUS Jennings Decision Won’t Be the Last Word on Bond Hearings for Immigrants
AILA reacted to and explained today’s Supreme Court decision in Jennings v. Rodriguez; AILA President Annaluisa Padilla emphasized that the decision “does not mean that immigrants may be detained indefinitely and it does not mean that prolonged detention is constitutional.”
AILA Quicktake #236: Jennings v. Rodriguez Ruling
The Supreme Court ruled in Jennings v. Rodriguez that detained immigrants have no automatic right to bail. Jeremy McKinney, AILA Secretary, shares details and discusses the impact of this decision.
Supreme Court Holds That INA §§235(b), 236(a), and 236(c) Do Not Entitle Noncitizens in Prolonged Immigration Detention to Bond Hearings
The Supreme Court reversed the judgment of the Ninth Circuit Court of Appeals and remanded, holding that INA §§235(b), 236(a), and 236(c) do not give detained noncitizens the right to periodic bond hearings during the course of their detention. (Jennings v. Rodriguez, 2/27/18)
EOIR Final Rule Expanding the Size of the BIA to 21
EOIR final rule adding four additional Board member positions to the BIA, thereby expanding its size to 21. The rule is effective 2/27/18. (83 FR 8321, 2/27/18)
District Court Judge Orders Bond or Joseph Hearings for Individuals in Withholding-Only Proceedings in Virginia
A federal district court judge in Virginia issued an opinion and order certifying a class of petitioners and directing the government to provide bond or Joseph hearings to individuals detained in withholding-only proceedings in Virginia. (Cabrera Diaz v. Hott, 2/26/18)
Fearless Litigation: Psychological Evaluations - How They Help Your Case and How to Obtain Them (February 2018)
Zachary Nightingale talks with Holly Cooper, Katie Shepherd, and Dr. Alan Shapiro about the importance of the procurement and use of mental health status evaluations in immigration court, especially for detained clients.
California District Court Enjoins Termination of an Individual’s DACA Status Without Notice
A federal district court in California issued an order preliminarily enjoining the government from terminating an individual’s DACA status without notice, a reasoned explanation, and an opportunity to be heard. (Inland Empire – Immigrant Youth Collective v. Nielsen, 2/26/18)
IJ Finds Respondent Established Persecution on Perceived LGBTI Identity
In an unpublished decision, the IJ granted the respondent’s application for asylum, finding he established that he suffered persecution on account of his perceived LGBTI identity and the Guatemalan government is unable to control his persecutors. Courtesy of Brian Blackford.
OPLA to Open Office in Louisville, Kentucky
The Office of the Principal Legal Advisor (OPLA) announced it will open an office in Louisville, Kentucky. This office will be under the responsibility of the Chicago Chief Counsel. The physical office will not open until late May or early June 2018, correspondence can be received beginning 4/2/18.
CA2 Holds That BIA’s Interpretation of REAL ID Act Was Entitled to Chevron Deference
The court held that the BIA’s interpretation of the REAL ID Act as not requiring an IJ to give a petitioner an opportunity to submit additional evidence when the IJ concludes that corroborating evidence is required was entitled to Chevron deference. (Sun v. Sessions, 2/23/18)
EOIR To Open Immigration Court in Louisville, Kentucky
EOIR announced that it will open an immigration court in Louisville, Kentucky, on April 2, 2018. Notice includes contact information and hours of operation.
BIA Finds Misprision of Felony Is a CIMT
The BIA dismissed the appeal, finding that misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving moral turpitude (CIMT) and reaffirmed the holding in Matter of Robles. Matter of Mendez, 27 I&N Dec. 219 (BIA 2018)
USCIS Provides Information and FAQs on the DACA January 2018 Preliminary Injunction
USCIS provides guidance and FAQs on the preliminary injunctions issued by district courts on the Deferred Action for Childhood Arrivals (DACA) program. USCIS is not accepting new requests but is accepting renewal requests and operated on the terms in place before the program was rescinded on 9/5/17.
HHS Notice of Intent to Fund 450 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide $15,000,000 of funding for 450 beds to keep unaccompanied children in custody. (83 FR 7726, 2/22/18)
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.