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 Provides ICE and CBP End of FY2017 Statistics
DHS released a summary of its end-of-the-year immigration enforcement numbers. In FY2017, CBP reported 310,531 apprehensions nationwide, 303,916 of which were along the Southwest border. In FY2017, ICE conducted 143,470 arrests and 226,119 removals.
34 House Republicans Urge DACA Fix Before End of Year
On 12/5/17, Representatives Scott Taylor (R-VA) and Dan Newhouse (R-W) issued a press statement on the letter 34 Republicans sent to Speaker Paul Ryan (R-WI) on the urgency of putting a permanent solution for DACA on the floor of the U.S. House of Representatives before the end of 2017.
Protecting the Administration of Justice in New York State: Impact of ICE Arrests on New Yorkers’ Access to State Courthouses
The Fund for Modern Courts provides a report with analysis describing developments across the country related to ICE arrests in state courthouses and the impact of this new immigration policy in New York and details proposals to address these issues.
National Immigration Project Files Suit Demanding Release of ICE Documents on Mobile Biometric Technology
The National Immigration Project of the National Lawyers Guild (NIPNLG) filed a complaint in federal district court demanding that ICE and DHS release records related to the use of mobile biometric devices and applications by ICE. (NIPNLG v. ICE, 12/5/17)
BIA Holds Nevada Statute Is Not a Forgery-Related Aggravated Felony
Unpublished BIA decision holds that Nev. Rev. Stat. 205.110 is not a forgery-related aggravated felony because it prohibits the mere destruction of a documents and is thus broader than the common law crime of forgery. Special thanks to IRAC. (Matter of M-F-A-, 12/4/17)
BIA Holds Federal Immigration Document Fraud Is Not a CIMT
Unpublished BIA decision holds that immigration document fraud under 18 U.S.C. 1546(a) is not a CIMT. Special thanks to IRAC. (Matter of D-M-A-, 12/4/17)
ICE Released HSI By the Numbers 2017 Fact Sheet
ICE provided a summary of FY2017 Homeland Security Investigations work.
ICE Released FY2017 Enforcement and Removal Operations Report
ICE provided a summary of FY2017 removal activities. ICE no longer exempts categories of removable individuals from enforcement and increases were seen in ERO administrative arrests; book-ins of individuals to ICE detention facilities due to ICE arrests; and removals due to interior enforcement.
BIA Holds Florida Simple Vehicle Flight Is Not a CIMT
Unpublished BIA decision holds that simple vehicle flight under Fla. Stat. Ann. 316.1935(2) is not a CIMT because it did not require the accused to endanger others or drive recklessly. Special thanks to IRAC. (Matter of Acosta Quirch, 12/1/17)
BIA Holds Criminal Possession of Controlled Substance in Seventh Degree Is Not a Controlled Substance Offense
Unpublished BIA decision holds that criminal possession of a controlled substance in the seventh degree under N.Y.P.L. 220.03 is not a controlled substances offense under Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017). Special thanks to IRAC. (Matter of Ortega, 12/1/17)
When Law Professors Attack: Four False Assumptions in the WSJ Op-Ed
Apparently, it is now fashionable to blame immigration lawyers for the ills of the U.S. immigration system. It started in October when Attorney General Jeff Sessions, railed against the “dirty immigration lawyers,“ baselessly charging that they are exploiting loopholes (also known as “the law&
Practice Advisory: U Visa Inadmissibility Waivers in Removal Proceedings
The National Immigrant Justice Center provides guidance to practitioners inside the Seventh Circuit on requesting adjudication of inadmissibility waivers as well as guidance for arguing that victims in removal proceedings should be allowed to access U visa protections before the immigration court.
EOIR Fact Sheet: An Agency Guide
EOIR provides a fact sheet with an agency overview as well as a list of common forms of protection and relief from removal.
DHS OIG Report on USCIS Award of Family Case Management Program Contract
DHS OIG released a report on USCIS’s Award of the Family Case Management Program (FCMP) Contract to GEO Care, LLC, a subsidiary of the GEO Group, Inc, which determined ICE properly awarded FCMP contracts in compliance with federal requirements. (OIG-18-22, 11/30/17)
NIJC Report: "What Kind Of Miracle ..." Violation Of Immigrants’ Right To Counsel at Cibola
The National Immigrant Justice Center (NIJC) released a report entitled “What Kind of Miracle” documenting the wretched history and due process failings at the 1,100-bed Cibola County Correctional Facility in New Mexico.
EOIR Extension of Comment Request Period on Revisions to Form EOIR-29
EOIR notice extending the comment period on revisions to Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, for 30 days. The comment period was previously announced at 82 FR 45304 on 9/28/17. Comments are now due 1/2/18. (82 FR 56845, 11/30/17)
ICE Memo on ERO Support of the EOIR’s Legal Orientation Program
The Washington Post obtained an ICE memo with guidance on best practices in support of EOIR’s Legal Orientation Program (LOP), stating that LOP attendees “… complete their cases faster than detainees who have not received LOP” and includes a list of the 37 ICE facilities where LOP operates.
BIA Holds New Jersey “Disorderly Persons Offenses” Are Not Convictions Under the INA
Unpublished BIA decision holds that New Jersey shoplifting convictions prosecuted as “disorderly persons offenses” did not qualify as convictions for immigration purposes. Special thanks to IRAC. (Matter of Flores, 11/29/17)
CA4 Denies Petition for Review of Removal Order Where Petitioner Entered Under Visa Waiver Program
The court denied the petition for review, holding that where evidence establishes a visitor was properly admitted under the Visa Waiver Program, the court may presume that the government obtained the entrant’s waiver to challenge any subsequent removal order. (Nardea v. Sessions, 11/29/17)
AILA Insight: Looking Forward: DACA Legislation Heading Into 2018
AILA member Sarah Pitney compares potential Dreamer legislation.
AILA Quicktake #225: Dream Act Updates
As Congress looks to fund the government past December 8, 2017, AILA Director of Government Relations Greg Chen explains how the Dream Act fits in.
BIA Vacates IJ’s Order of Administrative Closure
Unpublished BIA decision vacates the IJ’s order of administrative closure of the removal proceedings of the respondent, an unaccompanied child. The IJ had questioned the reliability of the respondent’s address as provided by ORR. Special thanks to IRAC. (Matter of Castro-Tum, 11/27/17)
CA9 Affirms Denial of Asylum, Withholding of Removal, and CAT Protection
The court denied the petition for review, finding that substantial evidence supported the IJ’s denial of the petitioner’s claims for asylum, withholding of removal, and protection under the Convention Against Torture. (Manes v. Sessions, 11/27/17)
BIA Holds That Driving with Suspended License for DUI Is Not a CIMT
Unpublished BIA decision holds that driving with a license that was suspended or revoked for driving under the influence under Calif. Vehic. Code 14601.2(a) is not a CIMT. Special thanks to IRAC. (Matter of N-M-H-V-, 11/22/17)
CA7 Finds That Petitioner’s Violation of a Restraining Order Makes Her Ineligible for Cancellation of Removal
The court denied the petition for review, holding that the state court’s determination that the petitioner violated the avoidance-of-residence provision of a restraining order made her ineligible for cancellation of removal under INA §237(a)(2)(E)(ii). (Rodriguez v. Sessions, 11/22/17)