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
CA7 Declines to Follow Matter of Khan and Remands Case Involving §212(d)(3)(A)(ii) Waiver for Noncitizen Seeking U Visa
Adhering to LDG v. Holder, the court held that IJs may exercise the AG’s powers over immigration, and remanded for the BIA to further consider whether the AG has the authority to waive a noncitizen’s inadmissibility while he or she requests a U visa. (Baez-Sanchez v. Sessions, 10/6/17)
CA11 Says §212(h) Waiver Is Not Available to Applicants Seeking Relief Under INA §240A(b)(2)(A)
The court held that BIA reasonably concluded INA §212(h) is unavailable to applicants seeking relief under INA §240A(b)(2)(A), a “special rule” allowing an otherwise inadmissible immigrant who was the victim of domestic violence to cancel his or her removal. (Arevalo v. Att’y Gen., 10/6/17)
BIA Holds Georgia Receipt of Stolen Property Is Not a CIMT
Unpublished BIA decision holds that theft by receiving stolen property under Ga. Code Ann. 16-8-7 is not a CIMT because it does not require knowledge that property in question was stolen. Special thanks to IRAC. (Matter of W-A-D-C-, 10/6/17)
EOIR Memo on Definitions and Use of Adjournment, Call-Up, and Case Identification Codes
EOIR issued OPPM 17-02, that rescinds OPPM 05-07, on the definitions and use of adjournment, call-up, and case identification codes that sets forth updated codes used to track the case hearing process. This OPPM reduces the number of codes. Memo is effective immediately.
CA5 Finds Petitioner’s Failure to Brief Her Ineffective Assistance of Counsel Claim Constituted Waiver of the Claim
The court held that the BIA did not err in denying the petitioner's motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal. (Lowe v. Sessions, 10/5/17)
S. 1937: Border Security and Deferred Action Recipient Relief Act
On 10/5/17, Senator Jeff Flake (R-AZ) introduced the Border Security and Deferred Action Recipient Relief Act, which would provide young people who were brought to the U.S. as children the chance to adjust their status, along with increase border security and interior enforcement measures.
Practice Alert: DACA Renewals Must Be Physically Received by USCIS Today
AILA reminds members that DACA renewal applications must be physically received (not postmarked) by USCIS no later than today, 10/5/17 in order to be deemed timely filed. Late DACA requests from residents of the U.S. Virgin Islands and Puerto Rico will be considered on a case-by-case basis.
Practice Pointer: Expedite Requests for VAWA, U, and T Visa Applications
AILA’s VAWA, U, and T committee provide instructions and additional guidance for submitting an expedite request for VAWA, U, and T applications with USCIS.
USCIS Statistics on Asylum Filings for Minors for FY2017
USCIS provided FY2017 statistics (through 9/30/17) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
Senators Graham and Harris Urge the President to Extend DACA Deadline
Senators Lindsey Graham (R-SC) and Kamala Harris (D-CA) wrote a bipartisan letter to President Trump urging him to extend the DACA renewal application deadline to 1/4/18. The Senators cited concerns with applicants ability to seek legal counsel, pay the fee before the 10/5/17 deadline, and more.
Justice Department Releases Statistics on the Impact of Immigration Judge Surge
EOIR released statistics on the assignment of immigration judges (IJs) to immigration detention facilities, projected that the mobilized IJs completed approximately 2,700 more cases than expected if the IJs had not been detailed, a positive net effect on the nationwide caseload.
AILA Quicktake #217: Jennings v Rodriguez Arguments
AILA South Florida Chapter Chair Sui Chung recaps the Jennings v Rodriguez oral arguments before the Supreme Court on 10/3/17 and shares how it will impact members and clients.
Liberty and Due Process for Immigrants in the SCOTUS Lineup, Part 2
In this special two-part Think Immigration blog, Mary Kramer, author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign Born Defendants, is joined by Michael Vastine and Sui Chung, co-authors of AILA's upcoming book, Winning on Paper. Read Part 1 of the blog post here
CHC Letter to DHS Secretary Elaine Duke on DACA Renewal Deadline
The Congressional Hispanic Caucus (CHC) urged DHS to extend the DACA renewal deadline to 1/5/18 due to nearly a third of those eligible to renew having not submitted their renewals as of 9/27/17. They also requested DHS to provide guidance to ICE and CBP to ensure DACA recipients are not targeted.
AILA Statement to Senate Judiciary Committee Hearing on End of DACA
AILA submitted a statement to the Senate Committee on the Judiciary for a hearing on “Oversight of the Administration’s Decision to End Deferred Action for Childhood Arrivals.” AILA urges members of Congress to call for an immediate vote on the Dream Act, extend the DACA renewal deadline, and more.
DHS Reminds Eligible DACA Recipients to File Renewal Requests
DHS reminds eligible DACA recipients that they have until 10/5/17 to properly file their renewal request. Of the 154,200 individuals whose DACA is set to expire between 9/5/17 and 3/5/18, just over 100,000 have renewal requests currently pending with USCIS or have already been adjudicated.
H.R. 3923: Dignity for Detained Immigrants Act of 2017
On 10/3/17, Representative Adam Smith (D-WA) introduced the Dignity for Detained Immigrants Act of 2017 (H.R. 3923), which would provide standards for facilities at which immigrants in the custody of the Department of Homeland Security are detained.
BIA Holds Florida Dealing in Stolen Property Is Not a CIMT
Unpublished BIA decision holds that dealing in stolen property under Fla. Stat. 812.019(1) was not a CIMT because offenders need only exhibit negligence with respect to whether the property in question was stolen. Special thanks to IRAC. (Matter of Machado Brindis, 10/3/17)
BIA Holds Massachusetts Assault on Police Officer Is Not a CIMT
Unpublished BIA decision holds that assault and battery upon a police officer in violation of Mass. Gen. Laws Ann. ch. 265, §13D is not a CIMT because it applies to offensive but non-injurious batteries upon police officers. Special thanks to IRAC. (Matter of Dominguez, 10/3/17)
CA9 Affirms Preliminary Injunction Requiring IJs to Consider When Setting a Bond a Detainee’s Financial Ability to Pay
The court affirmed a district court’s order granting a preliminary injunction in favor of plaintiffs, a class of noncitizens in removal proceedings who are detained under INA §236(a) in California and are unable to afford the bond set by immigration officials. (Hernandez v. Sessions, 10/2/17)
New Edition of AILA Treatise on Immigration and Crimes Released
AILA released the seventh edition of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants by Mary E. Kramer; the book is a vital resource for any lawyer working with foreign national or naturalized citizen clients who have been charged with a crime.
Liberty and Due Process for Immigrants in the SCOTUS Lineup, Part 1
In this special two-part Think Immigration blog post, Mary Kramer, author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign Born Defendants, is joined by Michael Vastine and Sui Chung, co-authors of AILA's upcoming book, Winning on Paper. The trio attended the oral a
NAIJ States that Performance Quotas on Immigration Judges are a Threat to Due Process
The National Association of Immigration Judges (NAIJ) opposes EOIR’s plan to evaluate immigration judges’ (IJs) using quotas, stating that quotas will have adverse effects for individuals in removal proceedings, IJs, and the backlog while also becoming “the death knell for judicial independence.”
BIA Holds That New York Statute Is Not a Controlled Substance Offense or Aggravated Felony
Unpublished BIA decision holds that criminal sale of a controlled substance in the fifth degree under N.Y.P.L 220.31 is not a controlled substance offense or aggravated felony under Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017). Special thanks to IRAC. (Matter of Diaz Vargas, 9/29/17)
BIA Reopens and Terminates Multiple Sets of Removal Proceedings
Unpublished BIA decision reopens and terminates two sets of proceedings sua sponte upon finding that carrying a weapon in a motor vehicle under Conn. Gen. Stat. 29-38 was neither a firearms offense nor an aggravated felony. Special thanks to IRAC. (Matter of Thorpe, 9/29/17)