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
AILA Quicktake #229: DACA Renewal Applications
As the federal government begins accepting DACA renewal applications following a federal court ruling, AILA Associate Director of Government Relations Kate Voigt shares what this means and how the Department of Justice’s appeal will impact the applications.
EOIR Updates Its Case Priorities and Immigration Court Performance Measures Guidance
EOIR issued a memorandum, that is effective immediately, and applies prospectively to all new cases filed and to all immigration court cases reopened, recalendared, or remanded, and rescinds all other prior memoranda establishing case processing or docketing priorities.
EOIR Releases OPPM on Change of Venue Requests
EOIR released Operating Policies and Procedures Memorandum 18-01, Change of Venue, stating that every Immigration Judge is required to ensure that “good cause has been shown” before granting a motion for change of venue. This OPPM replaces OPPM 01-02.
CA6 Holds That BIA Abused Its Discretion by Failing to Credit Petitioner’s Evidence
The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings by failing to credit the facts presented by her evidence that showed that she would be singled out for persecution by a Mexican drug cartel. (Trujillo Diaz v. Sessions, 1/17/18)
BIA Dismisses Charges Based on Contributing to the Delinquency of a Minor
Unpublished BIA decision holds that contributing to the delinquency of a child under S.D. Codified Laws 26-9-1 is not a CIMT or a crime of child abuse because it covers the mere furnishing of alcohol to a minor. Special thanks to IRAC. (Matter of Luvisia, 1/16/18)
H.R. 4796: Uniting and Securing America (USA) Act of 2018
On 1/16/18, Representatives Will Hurd (R-TX), Pete Aguilar (D-CA), and Jeff Denham (R-CA) introduced the USA Act of 2018 to protect DACA recipients from deportation, increase border security, fix delays in immigration courts, and limit migration from Central America.
Justice Department Files Notice to Appeal and Intends to Petition for Immediate Supreme Court Review in DACA Lawsuit
DOJ filed a notice of appeal in The Regents of the University of California lawsuit seeking review before the Ninth Circuit. The Department also intends to take the rare step of filing a petition for a writ of certiorari before judgment, seeking direct review in the Supreme Court.
VICE News Leaks Report on Baltimore Immigration Court
VICE News leaked a DOJ report on the Baltimore Immigration Court based on an on-site review between November and December 2017. The court experienced a nearly four-fold increase in its pending case backlog, while also losing seven full-time permanent employees and no growth in IJs.
USCIS Provides Information on DACA Requests in Response to January 2018 Preliminary Injunction
USCIS announced that it resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on 9/5/17. Additional information will be coming.
BIA Lowers Bond for Respondent Seeking Non-LPR Cancellation
Unpublished BIA decision lowers bond from $25,000 to $10,000 for respondent who had lived in the United States for more than 14 years and was potentially eligible for non-LPR cancellation of removal. Special thanks to IRAC. (Matter of R-R-V-, 1/12/18)
Immigration Justice Campaign and Rocky Mountain Immigrant Advocacy Network Announce New Partnership
The Immigration Justice Campaign, a joint initiative between AILA and the American Immigration Council, announces its partnership with the Rocky Mountain Immigrant Advocacy Network (RMIAN) in an effort to increase the legal representation of detained immigrants.
CA9 Orders Government to Return Individual Removed to Mexico to the United States
The Ninth Circuit issued an order granting a petition for a writ of mandamus filed by an individual removed to Mexico after not receiving proper notice of his hearing, ordering the government to return him to the United States no later than 1/16/18. (Bringas-Rodriguez v. Sessions, 1/12/18)
BIA Style Manual: A Guide to Drafting Board Decisions
Obtained via FOIA by Hoppock Law Firm, the BIA released its style manual for drafting decisions. Special thanks to Matthew Hoppock.
BIA Holds Georgia Theft by Taking Not a CIMT
Unpublished BIA decision holds theft by taking under Geo. Code Ann. 16-8-2 is not a CIMT because it applies to temporary de minimis takings and does not require owner’s property rights to be substantially eroded. Special thanks to IRAC. (Matter of Odiboh, 1/11/18)
CA8 Denies Petition for Review of Eligibility of Follower of Santa Muerte for Withholding and CAT Protection
The court denied the petition for review, holding that substantial evidence supported the finding that the petitioner failed to establish either a sufficient nexus between his faith and his mistreatment or a likelihood of torture if removed. (Garcia-Moctezuma v. Sessions, 1/11/18)
CA7 Holds BIA Did Not Err in Granting Motion to Remand on Frivolous Asylum Application Issue
The court found that the BIA did not procedurally err in granting DHS’s motion to remand to the IJ for reconsideration of whether the petitioner, an Iranian national who did not disclose her Norwegian citizenship, had filed a frivolous asylum application. (Shojaeddini v. Sessions, 1/11/18)
District Court Holds That Washington Drug Conviction is an Aggravated Felony Under the Categorical Approach
The court held that RCW §69.50.401(a) is a categorical match for the generic federal offense of drug trafficking, and that the petitioner’s conviction under that statute therefore qualifies as an aggravated felony. Courtesy of David F. Vedder. (Bourtzakis v. Sessions, 1/10/18)
H.R. 4760: Securing America’s Future Act of 2018
On 1/10/18, Representative Bob Goodlatte (R-VA) introduced the Securing America’s Future Act of 2018, which among other things, would eliminate the Diversity Visa Program and family-based immigration for certain relatives, and provide DACA recipients a three-year renewable legal status.
AILA ICE Liaison Committee Meeting Q&As (10/26/17)
Official Q&As from the 10/26/17 AILA liaison meeting with ICE. Topics include information on staffing and organizational updates, enforcement memos, directives, prosecutorial discretion, U visas, detention, bond, detainers, parole, DACA, post order issues, and records retention.
CA9 Denies Petitioner’s Due Process Claim Based on Denial of Counsel During Administrative Removal Proceedings
The court held that the petitioner’s due process claim based on denial of the right to counsel during his initial interaction with DHS during administrative removal proceedings failed because he made no showing of prejudice. (Gomez-Velazco v. Sessions, 1/10/18)
ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses
ICE publishes its policy on civil immigration enforcement actions inside federal, state, and local courthouses, stating that this activity is “wholly consistent with longstanding law enforcement practices, nationwide…. often necessitated by the unwillingness of jurisdictions to cooperate with ICE….”
BIA Holds California Child Endangerment Statute Is Not a CIMT
Unpublished BIA decision holds Cal. Penal Code 273a(b) not a CIMT because it only requires defendants to act with negligence in placing child in a situation where health may be endangered. Special thanks to IRAC. (Matter of I-A-, 1/9/18)
BIA Reverses Finding That Respondent Trafficked in Controlled Substances
Unpublished BIA decision finds no reason to believe respondent was trafficker in controlled substances when she pleaded guilty only to simple possession and faced no other charges after authorities found large quantities of marijuana at home. Special thanks to IRAC. (Matter of Davey, 1/9/18)
AILA Policy Brief: Why Congress Must Act Now to Protect Dreamers
This policy brief outlines some of the major reasons why Congress must pass a permanent legislation solution for Dreamers immediately.
Justice Department Secures First Denaturalization As a Result of Operation Janus
As part of Operation Janus, DOJ announced that a judge revoked the naturalized U.S. citizenship and canceling a Certificate of Naturalization for Baljinder Singh. Singh’s immigration status reverted to lawful permanent resident, rendering him potentially subject to removal proceedings.