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
Immigration Court Filings Take Nose Dive, While Court Backlog Increases
TRAC found that as of the end of September 2017, the pace of DHS-issued notices to appear initiating proceedings in Immigration Court are substantially down since President Trump assumed office. This is surprising since ICE states that its apprehensions were reportedly up during this same period.
DHS Needs a More Unified Approach to Immigration Enforcement and Administration
OIG conducted an audit to determine whether DHS fosters collaboration and department-wide efforts to enforce and administer immigration law and policy. It found that without a more unified approach, DHS will continue to allow vulnerabilities that may affect national security and public safety.
CA1 Remands for BIA to Consider Petitioner’s Potentially Significant Documentary Evidence of Domestic Violence
The court vacated BIA’s order rejecting petitioner’s withholding of removal claim, finding that, irrespective of the supportability of the adverse credibility finding, remand was required for BIA to consider potentially significant documentary evidence. (Aguilar-Escoto v. Sessions, 10/27/17)
Social Security Administration Notice of New Matching Program with DHS
Social Security Administration notice of a new matching program that SSA is conducting with DHS under which DHS will provide information to SSA on certain noncitizens who leave the U.S. voluntarily or who are removed from the United States. (82 FR 49920, 10/27/17)
Documents Relating to Washington State and Minnesota Challenge to Executive Order Targeting Muslims and Refugees
The district court issued an order staying its consideration of the states’ 10/11/17 motion for a temporary restraining order. (Washington v. Trump, 10/27/17)
Fearless Litigation: Iraqis with Final Removal Orders (October 2017)
Russell Abrutyn sits down with Margo Schlanger to discuss litigation on behalf of Iraqis with final removal orders who have been arrested and detained by ICE. Learn how you might be able to join this effort to defend them from deportation or how you can give voice to the voiceless in your community.
AILA Member Talking Points for Congressional Visits on Dream Act
AILA members are encouraged to use these talking points when meeting with members of Congress on the need to pass the bipartisan, bicameral Dream Act (S. 1615 / H.R. 3440).
APBCo Expresses Concerns Regarding Implementation of Quotas on IJs
The Association of Pro Bono Counsel (APBCo) submitted a letter on 10/26/17 to members of Congress expressing concern over DOJ’s plans to impose case completion quotas on immigration judges, noting the negative impact of rushed hearings on due process in immigration proceedings.
ICE Provides Information on the LaSalle ICE Processing Center
ICE provided background information on the LaSalle ICE Processing Center, which opened in 2007. LaSalle is located in Jena, Louisiana and is a dedicated ICE detention center with a maximum capacity of 1,320 beds. EOIR adjudicates immigration cases at the facility.
BIA Reopens Proceedings Sua Sponte in Light of Supreme Court Decision
Unpublished BIA decision reopens proceedings sua sponte where unlawful sexual intercourse with a minor under Calif. Penal Code 261.5(c) was no longer sexual abuse of a minor under Esquivel-Quintana v. Sessions. Special thanks to IRAC. (Matter of Lopez Mazariegos, 10/26/17)
Senators Seek Clarity from DHS on Sharing DACA Information with ICE
On 10/25/17, Senators Kamala Harris (D-CA), Bob Menendez (D-NJ), Dick Durbin (D-IL), and 39 other senators sent a letter to Acting DHS Secretary Elaine Duke, demanding clarity on the use of DACA recipients personal information for enforcement purposes. The senators requested a response by 11/8/17.
Deposition of Associate Director, Family Division at the Vermont Service Center
A deposition of Associate Director Timothy Smith of the VSC’s Family Division. The deposition includes information concerning the time required to adjudicate I-130 petitions, as well as Adam Walsh Act cases. Courtesy of Matthew Hoppock.
BIA Defines Term “Rape” and Discusses Ohio “Substantial Impairment” Standard
The BIA finds that the term “rape” in INA §101(a)(43(A) encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight, and also requires that the underlying act be committed without consent. Matter of Keeley, 27 I&N Dec. 146 (BIA 2017)
Temporary Protected Status for Sudanese Ending – Dust Off Those Case Files
Last month the administration announced the termination of Temporary Protected Status (TPS) for Sudan, effective November 2, 2018. The September 18 announcement stated that Acting Secretary of Homeland Security Elaine Duke had “determined that conditions in Sudan no longer support its designation,&#
774 Colleges and Universities Urge Congress to Protect Dreamers
On 10/19/17, the American Council on Education sent a letter on behalf of 774 colleges and universities to congressional leaders urging them to pass legislation to protect Dreamers.
BIA Finds Respondent Eligible for 237(a)(1)(H) Waiver
Unpublished BIA decision holds that respondent was eligible to seek a waiver under INA §237(a)(1)(H) for committing fraud when adjusting status despite also being inadmissible for committing fraud during admission as a nonimmigrant. Special thanks to IRAC. (Matter of J-B-, 10/19/17)
NAIJ Expresses Concerns Regarding Implementation of Quotas on IJs
The National Association of Immigration Judges (NAIJ) submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt immigration judges from performance reviews, noting ALJs are already exempt because quotas are “antithetical to judicial independence.”
ICE Arrests Five Individuals with Pending Charges in New York After Detainers Were Not Honored
ICE arrested five individuals with pending charges in the New York City area after detainers filed by ICE were not honored. ICE states that since January 2017, 70 percent of the ICE arrests have been comprised of convicted criminals.
CA7 Says It Lacks Jurisdiction to Review Denial of Bosnian Petitioner’s §237(a)(1)(H) Waiver Application
The court dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). (Asentic v. Sessions, 10/17/17)
CA8 Upholds BIA’s Determination That Petitioner Entered into Fraudulent Marriage to Procure Adjustment of Status
The court held that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. (Abuya v. Sessions, 10/17/17)
BIA Rescinds In Absentia Order Due to Mistaken Advice from Attorney’s Assistant
Unpublished BIA decision rescinds in absentia order where respondent failed to appear because her attorney’s legal assistant mistakenly told her that the IJ would order a change of venue. Special thanks to IRAC. (Matter of Xue, 10/17/17)
BIA Finds That Criminally Negligent Homicide Under New York Law Is Not a CIMT
The BIA held that negligent homicide in violation of Section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state. Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)
TRAC Report Demonstrates Who Is Represented in Immigration Court
TRAC examined how the odds of representation varies with the particular court and hearing location, the nationality and custody status of the immigrant, and the length of time the person has been in the U.S. Cases are followed so the ultimate outcome of each case.
BIA Says Noncitizen with Any Prior Admission as an LPR Is Ineligible for INA §212(h) Waiver
The BIA held that a noncitizen “has previously been admitted to the United States” as an LPR within the meaning of INA §212(h) if he or she was inspected, admitted, and physically entered the country as an LPR at any time in the past. Matter of Vella, 27 I&N Dec. 138 (BIA 2017)
CA7 Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony
The court held that the LPR petitioner’s conviction for being in possession of a weapon in violation of 720 ILCS 5/24–1.1(a) did not qualify as an aggravated felony, because Illinois’s definition of a firearm is broader than its federal counterpart. (Rodriguez-Contreras v. Sessions, 10/12/17)