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
DHS Releases a Privacy Impact Assessment Update on ICE’s Use of License Plate Readers
DHS released a privacy impact assessment update explaining ICE’s operational use of a commercial License Plate Reader data service that stores recorded vehicle license plate data and describers the privacy and civil liberties protections that have been implemented by the agency and the vendor.
CA9 Affirms District Court’s Preliminary Injunction Ordering CBP to Improve Conditions in Holding Cells
The court affirmed the preliminary injunction issued on 11/18/16 by the U.S. District Court for the District of Arizona that ordered CBP to take certain steps to improve conditions in its holding facilities within the Tucson Sector. (Doe v. Kelly, 12/22/17)
CA1 Denies Petition for Review, Finding No Plausible Claim of Legal Error
The court denied the petition for review where the IJ had previously found that the petitioner’s testimony was insufficient to support her claim that she entered into her marriage in good faith, finding no plausible claim of legal error. (Gaitu v. Sessions, 12/22/17)
CA2 Finds No Federal Subject-Matter Jurisdiction Over Petitioner’s APA Claim
The court found that there was no basis for federal subject-matter jurisdiction over the petitioner’s Administrative Procedure Act (APA) claim challenging USCIS’s denial of jurisdiction over his adjustment of status application. (Singh v. USCIS, 12/22/17)
Congress Leaves Without Passing Dream Act, Jeopardizing the Lives of Thousands
AILA is deeply disappointed by Congress’ failure to pass the Dream Act before the December holidays and calls on Congress and the President to grant Dreamers permanent legal status as soon as possible in 2018.
AILA Quicktake #227: Congress Passes Spending Bill
AILA Director of Government Relations Greg Chen breaks down the December 21st Congressional vote to fund the government until mid-January and shares how AILA will keep fighting for the Dream Act.
DOJ and DHS Release Data on Incarcerated Individuals for the Fourth Quarter of FY2017
Per EO 13768, DOJ and DHS released the FY2017 fourth quarter “Alien Incarceration Report.” The report found that more than one-in-five of all persons in Bureau of Prisons custody were foreign born and that 94 percent of confirmed foreign nationals in custody were unlawfully present.
DHS and DOJ Release Data on Foreign Nationals Incarcerated During the Fourth Quarter of FY2017
DHS and DOJ released a report with data on foreign nationals incarcerated under the supervision of the Bureau of Prisons and the United States Marshals Service for the fourth quarter of FY2017. A total of 58,766 known or suspected foreign nationals were in in DOJ custody at the end of FY2017.
U.S. Commission on Civil Rights Concerned with Alleged Abusive Labor Practices at Immigration Detention Centers
The Commission calls for heightened oversight and transparency of the Voluntary Work Program within both government and privately-run detention centers.
BIA Holds California Vehicular Burglary Statute Is No Longer a CIMT
Unpublished BIA decision reopens proceedings sua sponte upon finding that vehicular burglary under Calif. Penal Code 459 was no longer a CIMT in light of intervening case law. Special thanks to IRAC. (Matter of Syharath, 12/21/17)
Voluntary Departure: When the Consequences of Failing to Depart Should and Should Not Apply
The American Immigration Council provides a practice advisory addressing when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply.
USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear
The American Immigration Council and partners provided this practice advisory with practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
EOIR Releases Memo with Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Children
EOIR released an Operating Policies and Procedures Memorandum (OPPM) with guidelines for adjudicating cases involving any unmarried individual under the age of 18, including as both respondents and third-party witnesses.
EOIR Releases Memo on Applications for Cancellation of Removal or Suspension of Deportation
EOIR released an Operating Policies and Procedures Memorandum (OPPM) with guidelines for adjudicating applications for cancellation of removal or suspension of deportation that are subject to the annual limitation (“cap”). Guidance is effective as to hearings that are concluded on or after 1/4/18.
Republican and Democratic Governors Urge Congress to Protect Dreamers
On 12/20/17, Republican Ohio Governor John Kasich and Democratic Colorado Governor John Hickenlooper, along with nine other bipartisan governors wrote to Congressional leaders urging them to come together and pass legislation that would allow Dreamers to remain the United States.
Entertainers Urge Democrat Leaders to Uphold Promise to Protect Dreamers
On 12/20/17, over 40 entertainers urged Democrat leaders Senator Chuck Schumer (NY) and Representative Nancy Pelosi (CA-12) to uphold their promise to protect Dreamers, and do everything in their power to include a clean Dream Act in the must-pass spending bill.
CA8 Finds Petitioner’s Minnesota Misdemeanor Domestic Assault Conviction to Be a Crime of Domestic Violence
The court denied the petition for review, finding that the petitioner’s Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E)(i) that rendered him ineligible for cancellation of removal. (Onduso v. Sessions, 12/20/17)
BIA Holds California Statute Is Not a Crime of Child Abuse
Unpublished BIA decision holds that Cal. Penal Code 273a(b) is not a crime of child abuse because it only requires placing a child in a situation where he or she may be endangered and that the statute is not divisible. Special thanks to IRAC. (Matter of E-G-R-, 12/20/17)
BIA Rescinds In Absentia Order Against Respondent Who Provided Updated Address to ICE
Unpublished BIA decision rescinds in absentia order in light of the respondent’s undisputed assertion that she provided updated address to DHS officer before the NTA was mailed to her prior address. Special thanks to IRAC. (Matter of Ramirez-Javier, 12/20/17)
BIA Reopens Proceedings Sua Sponte Because Waiver of Counsel Was Not Effective
Unpublished BIA decision reopens proceedings sua sponte where respondent did not affirmatively state that she was waiving her right to counsel and IJ did not inquire at subsequent hearings whether she wished to seek counsel. Special thanks to IRAC. (Matter of Alcaraz-Barajas, 12/20/17)
CA8 Upholds Denial of Asylum to Ethiopian Petitioner
The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17)
CA1 Dismisses Petitions for Review of Denial of Voluntary Departure for Lack of Jurisdiction
The court dismissed the petitions for review of denial of voluntary departure to both members of a married couple, finding that the court lacked jurisdiction to review the immigration judge’s discretionary decision to deny voluntary departure. (De la Cruz Orellana v. Sessions, 12/18/17)
CA9 Vacates Denial of Chinese Petitioner’s Asylum Application
Where the petitioner had been persecuted by Chinese authorities after opposing eminent domain, the court vacated the BIA’s denial of his asylum application, finding that the persecution was on account of an imputed political opinion. (Song v. Sessions, 12/18/17, amended 2/15/18)
CRS Legal Sidebar: The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases
The Congressional Research Service (CRS) issued a Legal Sidebar on the “one central reason” standard and how it is applied in practice, including a discussion of Barajas-Romero v. Lynch, which created a split among federal circuit courts regarding the extent and application of this standard.
BIA Holds Colorado Assault Statute Is Not a CIMT
Unpublished BIA decision holds that assault-attempted battery under Aurora (Colo.) Municipal Code Ch. 94, Art. II, Sec. 94-37 is not a CIMT because it contains no aggravating element distinguishing it from traditional assault and battery. Special thanks to IRAC. (Matter of P-M-L-, 12/18/17)