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
BIA Clarifies Standard for Determining When a Misrepresentation Is “Material” Under INA §212(a)(6)(C)(i)
The BIA held that a misrepresentation is material when it tends to shut off a line of inquiry relevant to a noncitizen’s admissibility that would have disclosed other facts relevant to his eligibility for a visa, documentation, or admission to U.S. Matter of D-R-, 27 I&N Dec. 105 (BIA 2017)
Statement by DHS Press Secretary on Criminal Alien Gang Member Removal Act
On 9/14/17, Acting Secretary of Homeland Security Elaine Duke issued a statement applauding the House passage of the Criminal Alien Gang Member Removal Act (H.R. 3697), a bill that AILA strongly opposes.
AILA and NGO Partners Submit Comments to ICE’s Proposed Record Schedule
AILA joined eight other organizations in submitting comments on the ICE document destruction proposal to the National Archives and Records Administration (NARA), which included a proposal to destroy records related to ICE detainees, including records on sexual abuse and deaths while in custody.
CA4 Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The court granted the petition for review, holding that the BIA abused its discretion in affirming the IJ’s clearly erroneous factual finding that the Salvadoran petitioner was not targeted by the MS-13 gang on account of her family membership. (Zavaleta-Policiano v. Sessions, 9/13/17)
DHS Announces Implementation of Visa Sanctions on Four Countries
DHS announced, in coordination with DOS, the implementation of visa sanctions on Cambodia, Eritrea, Guinea, and Sierra Leone due to a lack of cooperation in accepting their nationals who were ordered removed from the United States. Specific sanctions are effective 9/13/17.
AILA Issues Vote Recommendation on H.R. 3697
AILA urges members of Congress to vote NO on Representative Barbara Comstock’s (R-VA) Criminal Alien Gang Member Removal Act, which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
BIA Vacates Aggravated Felony Fraud Finding Based on Award of Restitution
Unpublished BIA decision holds that DHS failed to demonstrate that the loss to the victim exceeded $10,000 because Florida permits awards of restitution for damages indirectly caused by the offense. Special thanks to IRAC. (Matter of M-G-G-, 9/13/17)
BIA Holds Florida Statute Is Not a CIMT
Unpublished BIA decision holds that transaction with a minor under Kent. Rev. Stat. 530.065 is not a CIMT. Special thanks to IRAC. (Matter of E-T-, 9/13/17)
BIA Holds New York Third Degree Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that third-degree burglary under N.Y. Penal Law 140.20 was not an aggravated felony burglary offense because it criminalizes unlawful entry into an enclosed motor vehicle. Special thanks to IRAC. (Matter of Kapanadza, 9/12/17)
USCIS Provides Chart Explaining DACA Rescission Announcement
USCIS provides a chart explaining the 2017 DACA rescission announcement and what it means for the different groups of impacted individuals.
American Council on Education Urges Congress to Protect Dreamers
On 9/12/17, the American Council on Education (ACE), represented 77 other organizations in a sign-on letter to congressional leadership. The organizations urged Congress to pass legislation protecting Dreamers as soon as possible.
Immigration Law Advisor, August-September 2017 (Vol. 11, No. 6)
The August-September 2017 issue includes an in memoriam to Juan P. Osuna, an article on the phrase “public official or other person acting in an official capacity” under the Convention Against Torture, as well as summaries of recent circuit court decisions and BIA precedent decisions.
CA5 Says Conviction for Evading Arrest in Texas Is Not Categorically a Crime Involving Moral Turpitude
The court held that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1). (Laryea v. Sessions, 9/12/17)
BIA Terminates Proceedings Against Respondent Convicted of Burglary
In an unpublished decision, the BIA sustained the respondent’s appeal and finds that the respondent’s conviction for burglary in the third degree under N.Y. Penal Law §140.20 is not an aggravated felony within the meaning of the INA. Courtesy of Fausto Falzone.
Facing the Pro Bono Challenge Head On – One Perspective
Pro bono work is important. But, maybe keeping your practice afloat while following your conscience to increase your pro bono work is something you struggle with, too. Thinking outside the box of pro bono can help you figure out what YOU can do.
CA10 Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions
The court held that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C), and found that the BIA abused its discretion by denying the petitioner’s motion to reopen. (Qiu v. Sessions, 9/11/17)
California and Three Other States File Lawsuit Challenging DACA Rescission
California, together with Maine, Maryland, and Minnesota, filed a lawsuit asking the district court to enjoin the government from rescinding DACA and from using information obtained in DACA applications and renewal requests for immigration enforcement purposes. (California v. DHS, 9/11/17)
Former Education Secretaries Condemn DACA Repeal
On 9/8/17, five former Secretaries of Education under the Obama, Bush, and Clinton administrations wrote a bipartisan letter to congressional leadership condemning the repeal of DACA. They implored Congress to quickly act to protect DACA recipients by passing the Dream Act as soon as possible.
CA1 Upholds Denial of Motion to Reopen Sua Sponte Where Petitioner Raised Mistranslation-Based Due Process Claim
The court held that the petitioner failed to explain his delay in offering his mistranslation-based due process argument, had not shown that exceptional circumstances warranted reopening his case, and could not state a colorable due process claim. (Ramirez Matias v. Sessions, 9/8/17)
The U.S. Commission on Civil Rights Condemns Ending of DACA
On 9/8/17, the U.S. Commission on Civil Rights (USCCR) released a statement following President Trump’s decision to end DACA. The agency called it “a step backward for our country…. [and] a tremendous blow to the personal dreams and ambitions that DREAMers have been working towards.”
CRS Legal Sidebar: The End of the Deferred Action for Childhood Arrivals Program
The Congressional Research Service provides a Legal Sidebar on the immediate takeaways from the 9/5/17 announcement that the DACA program would be phased out over a six-month period.
Resources on the Lawsuit Challenging DAPA and DACA Expansion
The district court issued an order stating that the states’ 9/5/17 notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A) was ineffective to dismiss the case. The parties were granted leave to file a different form of dismissal motion. (Texas v. United States, 9/8/17)
H.R. 3697: Criminal Alien Gang Member Removal Act
On 9/7/17, Representative Barbara Comstock (R-VA) introduced the Criminal Alien Gang Member Removal Act (H.R. 3697), which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
H.R. 3695: Protect DREAMer Confidentiality Act of 2017
On 9/7/17, Representatives Beto O’Rourke (D-TX) and Mike Coffman (R-CO) introduced the Protect DREAMer Confidentiality Act of 2017 (H.R. 3695), which would ensure the information DACA applicants provide the U.S. government is not used against them for immigration enforcement.
ICE Statement Regarding Questions on Enforcement Planning
ICE released a statement that “Due to the current weather situation in Florida and other potentially impacted areas, along with the ongoing recovery in Texas…. There is currently no coordinated nationwide operation planned at this time.”