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
CA11 Denies Petition for Review of BIA’s Denial of Motion to Reopen
The court upheld the BIA’s decision denying the petitioner’s motion to reopen removal proceedings, finding, among other things, that he failed to exhaust his administrative remedies and that the BIA did give “reasoned consideration” to his claims. (Lin v. Attorney General, 1/31/18)
CA7 Finds Petitioner’s Indiana Conviction for Attempted Sexual Misconduct with a Minor to Be An Aggravated Felony
The court found that the petitioner’s conviction for attempted sexual misconduct with a minor under Indiana Code §35-42-4-9(a) was an aggravated felony under INA §101(a)(43)(A). (Correa-Diaz v. Sessions, 1/31/18)
USCIS Provides Approximate Number of Active DACA Recipients as of January 31, 2018
USCIS provided data on the approximate number of active DACA recipients, broken by month and year of their current DACA expiration date, as of January 31, 2018.
USCIS Provides Data on Pending DACA Applications as of January 31, 2018
USCIS provided data on the approximate number of DACA renewals pending with expired DACA and the approximate number of DACA initial applications pending, as of January 31, 2018.
USCIS Provides Data on Active DACA Recipients as of January 31, 2018
USCIS provided data on active DACA recipients as of January 31, 2018, by country of birth, by state or territory of residence, by core based statistical area, by gender, by age, and by marital status.
USCIS Provides Data on Approximate Count of DACA Receipts As of January 2018
USCIS provided data on approximate count of DACA receipts since 1/10/18, as of 1/31/18.
Border Patrol Agents Arrest DACA Recipient
CBP announced that Yuma Sector Border Patrol agents arrested a Mexican national in the Deferred Action for Childhood Arrival program, after he allegedly attempted to smuggle four other Mexican nationals into the United States on January 29, 2018.
NAIJ Letter Urging AG Sessions to Affirm Authority of IJs to Administratively Close Cases
National Association of Immigration Judges sent a letter to Attorney General Sessions in response to Matter of Castro-Tum, urging him to protect the efficient and fair adjudication of immigration court cases by affirming the authority of immigration judges to use administrative closure.
CA9 Holds That California Carjacking Is Not a Crime of Violence
The court held that a conviction for carjacking under California Penal Code §215(a) is not a crime of violence under INA §101(a)(43)(F), but remanded to the BIA on the issue of whether the petitioner’s conviction was a theft offense under §101(a)(43)(G). (Solorio-Ruiz v. Sessions, 1/29/18)
Judge Orders Immediate Release of an Immigrant Rights Activist
The District Court of the Southern District of New York granted a petition for habeas corpus and ordered that the petitioner be immediately released from custody so that he can say goodbye prior to removal. (Ragbir v. Sessions, 1/29/18)
CBP Arrests Two DACA Recipients for Involvement in Human Smuggling
CBP announced that in two separate incidents, Border Patrol agents arrested two men present in the United States under the Deferred Action for Childhood Arrivals (DACA) executive order for their involvement in human smuggling incidents in January 2018.
BIA Narrows Definition of “Admitted In Any Status” for Cancellation of Removal Purposes
The BIA held that, outside the Fifth and Ninth Circuits, to establish continuous residence after having been “admitted in any status” for cancellation of removal, an individual must be admitted in lawful immigration status. Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018)
CA9 Finds No Right to Court-Appointed Counsel for Minors in Immigration Proceedings
The court denied the petition for review, holding that there is no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, under either the Due Process Clause or the INA. (C.J.L.G. v. Sessions, 1/29/18)
CA3 Holds That Unlawful Contact with a Minor Under 18 Pa. Cons. Stat. §6318(a)(5) is a Crime of Child Abuse
The court denied the petition for review, holding that a conviction for unlawful contact with a minor under 18 Pennsylvania Consolidated Statutes §6318(a)(5) is a crime of child abuse under INA §237(a)(2)(E)(i). (Mondragon-Gonzalez v. Attorney General, 1/29/18)
BIA Finds DHS Failed to Properly Authenticate Form I-213
Unpublished BIA decision vacates finding that respondent was present without being admitted or paroled because DHS failed to properly authenticate the Form I-213 used to establish alienage. Special thanks to IRAC. (Matter of Reyes, 1/26/18)
BIA Finds Failure to Meet Filing Deadline Constitutes Ineffective Assistance On Its Face
Unpublished BIA decision holds that prior attorney’s failure to submit application by court-imposed deadline was ineffective assistance on its face, reopening proceedings despite failure to comply with Matter of Lozada. Special thanks to IRAC. (Matter of Cortes-Reyes, 1/26/18)
Unpublished BIA Decision on Proper Authentication of Form I-213
In an unpublished decision, the BIA remanded the case, disagreeing with the Immigration Judge’s conclusion that the Form I-213 was properly authenticated and stating that “the inherent reliability for an I-213 depends on its proper authentication.” Courtesy of Fausto Falzone.
AILA Quicktake #232: White House Immigration Proposal
AILA's Director of Government Relations Greg Chen responds to the White House immigration reform proposal that would provide a path to citizenship for some Dreamers in exchange for border wall funding and family reunification restrictions.
CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum
The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18)
CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group
The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18)
BIA Finds LPR Who Involuntarily Reentered U.S. Without Inspection Was Not Seeking Admission
Unpublished BIA decision holds that returning LPR was not properly regarded as an applicant for admission because he was fleeing for his life from a drug cartel in Mexico when he illegally reentered the country. Special thanks to IRAC. (Matter of I-C-B-, 1/25/18)
Immigration Law Advisor, Winter 2017-2018 (Vol. 11, No. 7)
The Winter 2017-2018 issue of Immigration Law Advisory includes an article on the Cuban Adjustment Act of 1966, as well as summaries of recent circuit court decisions and BIA precedent decisions.
White House Releases Its Framework on Immigration Reform and Border Security
The White House released its “framework on immigration reform and border security,” including reforms on border security, DACA legalization, and changes to family-based immigration.
White House Appeals to Nativist Base with Anti-Immigrant Proposal
AILA denounced the latest iteration of the Trump administration’s proposal on immigration as destructive and untenable.
DHS OIG Report Finding ICE’s Training Model Needs Further Evaluation
DHS OIG issued a report, proposing that ICE reorganize and decentralize basic and advanced ICE training program, six months after ICE created a centralized training program. ICE did not concur with the recommendation.