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
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/18 and ending 3/31/18, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.24 per centum per annum. (83 FR 966, 1/8/18)
TRAC Report: Serious Criminal Immigration Convictions Still Infrequent Under Trump
TRAC reports that DOJ’s data shows 4,758 new immigration convictions during November 2017, down 5.3% from October 2017. Only 12.1% of the November 2017 convictions involved a prison term of one year or more, down 10% from the level one year ago and down 41.1% from the level five years ago.
CA7 Denies Motion for Stay of Removal for Bisexual Citizen of Jamaica
The court denied the petitioner’s motion for a stay of removal pending the court’s consideration of his petition for review because the BIA’s decision on a motion to reopen “is discretionary and unreviewable.” (Fuller v. Sessions, 1/8/18)
BIA Holds Aggravated Felony Bar in 212(h) Does Not Apply to Refugees Who Adjusted Status
Unpublished BIA decision holds that respondent was not “admitted” as an LPR when he adjusted from refugee status and states that it is not bound by contrary Eighth Circuit decision. Special thanks to IRAC. (Matter of S-N-, 1/8/18)
DHS OIG Report Finds ICE Faces Challenges to Screening Foreign Nationals
The DHS OIG issued a report, finding that ICE faces challenges when screening foreign nationals who may be known or suspected terrorists in ICE custody or supervision. DHS OIG made four recommendations to help ICE improve oversight and internal controls.
CA9 Terminates Removal Proceedings Against Petitioner Convicted of Drug Conspiracy in Nevada
The court granted the petition for review and terminated the removal proceedings against the petitioner, holding that Nevada Revised Statutes §199.480 and §454.351 are not categorical matches to the generic federal statutes. (Villavicencio v. Sessions, 1/5/18)
BIA Finds Failure to Comply With Sexual Registration Requirements Is Not a CIMT
Unpublished BIA decision holds failure to comply with sexual registration requirements under Tex. Code Crim. Proc. 62.102 is not a CIMT because defendants need only act in reckless manner and need not be informed of the requirements. Special thanks to IRAC. (Matter of Paez Juarez, 1/5/18)
TRAC Reports Immigration Court Backlog Tops 650,000 Cases
During the first two months of FY2018, the number of pending immigration court cases reached 658,728. Despite the hiring of additional IJs, the backlog shows no signs of slackening, and the rate of growth in the first two months of FY2018 was greater than the pace of growth during FY2017.
AG Refers BIA Decision to Himself for Review of Issues Relating to Administrative Closure
The AG referred the BIA’s decision to himself for review of issues related to whether IJs and the BIA have the authority to order administrative closure in immigration proceedings. Interested amici may submit briefs by 2/16/18. Matter of Castro-Tum, 27 I&N Dec. 187 (A.G. 2018)
Former DHS Secretaries Write Letter to Congress in Favor of Dreamers
Former DHS Secretaries Michael Chertoff, Janet Napolitano, and Jeh Johnson wrote a letter to ranking members of Congress urging a bipartisan legislative effort in favor of Dreamers and a new USCIS application process.
CA9 Finds That BIA Abused Its Discretion in Mental Competency Evaluation
The court granted the petition for review, finding that the BIA abused its discretion in affirming the IJ’s evaluation of the respondent’s mental competency. Courtesy of Taiyyeba Skomra. (Calderon-Rodriguez v. Sessions, 1/3/18)
BIA Holds Georgia Theft By Shoplifting Is Not an Aggravated Felony
Unpublished BIA decision holds that theft by shoplifting under Ga. Code Ann. 16-8-14 is not an aggravated felony theft offense because it prohibits the appropriation of property for one’s own use. Special thanks to IRAC. (Matter of Gonzalez-Velasquez, 1/3/18)
BIA Finds IJ Acted In Improperly Hostile Manner Toward Respondent’s Attorney
Unpublished BIA decision grants new hearing where IJ went off the record and was alleged to have screamed at the respondent’s attorney, mimicked her voice, and called her several disrespectful names. Special thanks to IRAC. (Matter of E-D-M-, 1/2/18)
BIA Sustains DHS Appeal and Vacates Grant of Cancellation of Removal
In an unpublished decision, the BIA found that the respondent’s criminal history, including a 2012 driving while intoxicated conviction, did not establish the good moral character required for cancellation of removal. (Matter of Castillo-Perez, 1/2/18)
EOIR Fact Sheet on Observing Immigration Court Hearings
EOIR issued a fact sheet on observing immigration court hearings, including when a hearing is closed and procedures for observation.
EOIR Issues Fact Sheet on the Institutional Hearing Program
EOIR issued a fact sheet on the Institutional Hearing Program, which is coordinated between EOIR and the Bureau of Prisons and ICE, where ICE identified federal inmates who may be removable from the United States and initiates their removal proceedings before an immigration judge.
Practice Advisory: Immigration Risks of Legalized Marijuana
The Immigrant Legal Resource Center (ILRC) provides a practice advisory on the immigration risks of legalized marijuana and reviews the laws and key defense strategies. Immigration law treats any marijuana-related activity as a crime, with harsh penalties, even if it is permitted under state law.
BIA Orders Bond Hearing for Respondent in Withholding-Only Proceedings
Unpublished BIA decision holds that the respondent, who was detained pursuant to INA §241(a)(6), was entitled to a bond hearing after 180 days, even though he was in withholding-only proceedings. Courtesy of Ben Winograd. (Matter of J-F-E-, 12/29/17)
BIA Says DHS Is Not Precluded by Res Judicata from Initiating Separate Proceedings
The BIA held that DHS is not precluded by res judicata from initiating separate removal proceedings under INA §101(a)(43)(G) based on the same conviction that supported a crime of violence aggravated felony charge under §101(a)(43)(F). Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017)
BIA Holds Florida Grant Theft Is Not a CIMT
Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014(2)(c)(ii) is not a CIMT because it encompasses temporary takings and DHS failed to demonstrate that the statute was divisible. Special thanks to IRAC. (Matter of Similien, 12/29/17)
BIA Holds Iowa Drug Schedules Are Overbroad and Indivisible
Unpublished BIA decision holds possession of controlled substance under Iowa Code 124.401(5) is not a controlled substance offense because state drug schedule is overbroad and identity of the substance is not an element. Special thanks to IRAC. (Matter of Moreno-Gallegos, 12/29/17)
BIA Holds California Vandalism Statute Is Not a CIMT
Unpublished BIA decision holds that vandalism under Cal. Penal Code 594(a) is not a CIMT and statute is not divisible. Special thanks to IRAC. (Matter of J-G-F-, 12/29/17)
Practice Alert: USCIS Guidance on DACA Renewal Filings Impacted by USPS Delays and USCIS Pick-Up Errors
AILA updated its practice alert regarding USCIS guidance on rejected DACA applications. Please note that USCIS has confirmed with AILA that letters have been sent for all cases impacted by USCIS pick-up errors, though USCIS has not confirmed the same for applications affected by USPS delays.
BIA Equitably Tolls Motion to Reopen Deadline By More Than a Decade
Unpublished BIA decision equitably tolls motion to reopen deadline for respondent ordered removed in 2003 because he pursued his rights with reasonable diligence in 2014 after learning of a favorable Supreme Court decision. Special thanks to IRAC. (Matter of Lugo-Resendez, 12/28/17)
USCIS Provides Guidance and FAQs on Rejected DACA Requests
USCIS provided guidance and FAQs on DACA requests delivered by the filing deadline but not officially “ received” by USCIS. USCIS contacted individuals and they have 33 days from the date of the letter to resubmit the request. USCIS included information on other types of mail issues as well.