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 Notes from SCOPS Teleconference (1/24/18)
AILA notes from a teleconference with SCOPS on 1/24/18. Topics include prima facie determination for U visa applicants, I-765 processing delays, I-130s, CSPA, 204(l) humanitarian reinstatement, and H-1B filings. An updated SCOPS organizational chart is also included.
CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief
The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18)
BIA Holds Utah Sexual Battery Not a CIMT
Unpublished BIA decision holds that sexual battery under Utah Code section 76-9-702(3) is not a CIMT because it is a general intent offense for which no harm or evil intent is required. Special thanks to IRAC. (Matter of V-C-, 1/24/18)
CA5 Holds That Petitioner’s PTSD Did Not Have to Be Considered in Determining His Credibility
The court denied the petition for review, holding that Matter of J-R-R-A- did not apply despite the petitioner’s PTSD diagnosis and deferring to the determinations of the IJ and the BIA that his testimony was not credible. (Singh v. Sessions, 1/23/18)
TRAC Report: Hot Spots with Highest Growth in Immigration Court Backlog
TRAC data showed that the U.S. county with the fastest growing number of residents with pending immigration court cases is Mecklenburg Country, NC. The national backlog reached an all-time high of 667,839 at the end of December 2017.
BIA Vacates Bond Decision Based on Allegations in Police Report
Unpublished BIA decision reverses IJ determination that respondent was danger to community, stating that it accords little weight to conduct described in police documents that is neither prosecuted criminally nor independently corroborated. Special thanks to IRAC. (Matter of A-B-L-, 1/23/18)
Another Bipartisan Failure to Protect Dreamers
AILA issued a statement about how “Congress, both Republicans and Democrats, once again let politics take precedence over the lives of real people, and has squandered another opportunity to protect Dreamers.”
BIA Equitably Tolls Motion to Reopen Deadline
Unpublished BIA decision equitably tolls deadline for motion to reopen where respondent was suffering from undiagnosed medical condition while in detention and was unable to obtain record from immigration court. Special thanks to IRAC. (Matter of A-A-B-, 1/22/18)
Fearless Litigation: Access to Counsel (January 2018)
Russell Abrutyn sits down with Linton Joaquin to discuss access to counsel issues. Learn about the ground-breaking Orantes injunction and how it protected the access to counsel of the class members. The lessons to be learned from this litigation continue to be relevant today.
BIA Declines to Consider Proposed Social Group Presented on Appeal
The BIA affirmed the IJ’s denial and declined to consider the proposed social group, Honduran women and girls who cannot sever family ties, that had been presented for the first time on appeal, and dismissed the respondents’ appeal. Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)
CA3 Holds That a Conviction for Georgia Forgery Is an Aggravated Felony
The court denied the petitions for review, holding that a conviction under Georgia’s forgery statute constitutes an offense “relating to” forgery that falls under INA §101(a)(43)(R), making the petitioner subject to removal as an aggravated felon. (Williams v. Att’y Gen., 1/19/18)
BIA Finds Terrorizing Statute Not a CIMT
Unpublished BIA decision holds that terrorizing under Guam Code Ann. 19.60(a) is not a CIMT because the victim is not required to actually experience fear. Special thanks to IRAC. (Matter of Eidaro, 1/19/18)
BIA Orders Further Consideration of Request for Continuance for U Visa Applicant
Unpublished BIA decision remands for further consideration of request for continuance pending U visa application adjudication where respondent was no longer detained and IJ didn’t consider likelihood application would be granted. Special thanks to IRAC. (Matter of Munoz-Pocasangre, 1/19/18)
CA11 Holds Battery of a Child Under Fla. Stat. §784.085 to Be a Crime of Child Abuse and a CIMT
The court held that a battery of a child conviction under Florida Statute §784.085 is categorically a crime of child abuse and a crime involving moral turpitude (CIMT). (Pierre v. Attorney General, 1/18/18)
MPI Report – In the Age of Trump: Populist Backlash and Progressive Resistance Create Divergent State Immigrant Integration Contexts
The Migration Policy Institute (MPI) provides a report that examines how policymakers beyond Washington are responding to the Trump administration’s rhetoric and actions on immigration, looking at how hotly contested policy debates are unfolding in the states.
BIA Finds Respondent Did Not Knowingly Waive Appeal
Unpublished BIA decision finds respondent did not knowingly waive right to appeal because IJ did not warn him failing to appeal would constitute an irrevocable waiver of the right. Special thanks to IRAC. (Matter of Chaudhary, 1/18/18)
The Council and Partners File Class Action Lawsuit Over North Carolina IJs Refusing to Conduct Bond Hearings
The American Immigration Council and partners filed a class action lawsuit in North Carolina district court challenging immigration judges refusing to conduct bond hearings in Charlotte, North Carolina. (Palacios v. Sessions, 1/17/18)
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)
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.
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)