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
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.
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.