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
CA3 Finds BIA Misapplied Clear Error Standard When Reversing IJ’s Credibility Finding Regarding Petitioner’s Testimony
The court granted the petition for review, holding that the BIA misapplied the clear error standard of review when reversing the IJ’s positive credibility determination regarding the Uzbek petitioner’s testimony. (Alimbaev v. Att’y Gen., 9/25/17)
S. 1852: SUCCEED Act
On 9/25/17, Senators Thom Tillis (R-NC), James Lankford (R-OK) and Orrin Hatch (R-UT) introduced the SUCCEED Act, which would provide young people who were brought to the U.S. as children the chance to adjust their status, if they meet certain requirements.
Democratic Senators’ Request for Extension of DACA Renewal Deadline
On 9/25/17, 38 Democratic senators sent a letter to Acting Secretary of Homeland Security Elaine Duke requesting an extension of the 10/5/17 deadline for DACA renewals due to several major hurricanes that made landfall in the United States.
Attorney General Jeff Sessions’ Remarks to Law Enforcement in Boston
Attorney General Jeff Sessions delivered remarks to law enforcement in Boston and focused on MS-13, stating that gang members are exploiting the UAC program and coming “to this country as wolves in sheep clothing. In fact the gang uses this program as a means by which to recruit new members.”
CA9 Finds Petitioner’s Departure Alone Did Not Meet Constitutional Requirements of a Valid Waiver
The court held that petitioner’s departure from the U.S., without more, did not provide clear and convincing evidence of a considered and intelligent waiver of the right to appeal, and thus did not meet the constitutional requirements of a valid waiver. (Chavez-Garcia v. Sessions, 9/21/17)
BIA Finds Federal False Statement Statute Is Not a Firearms Offense
Unpublished BIA decision finds that providing false statement during acquisition of a firearm under 18 USC §924(a)(1)(A) is not a firearms offense because it has been applied to federally licensed dealers who falsify their own records. Special thanks to IRAC. (Matter of Belman-Cano, 9/21/17)
BIA Rescinds In Absentia Order Because NTA Was Sent to Non-Attorney
Unpublished BIA decision rescinds in absentia order because Notice to Appear was sent to an immigration consultant provided on a prior TPS application. Special thanks to IRAC. (Matter of Ascencio Martinez, 9/20/17)
BIA Remands to Determine if Beneficiary’s Birth Certificate is Sufficient
The BIA remanded for the entry of a new decision for USCIS to apply the framework set forth and determine whether the beneficiary’s birth certificate is sufficient to establish his parentage by a preponderance of the evidence. Matter of Rehman, 27 I&N Dec. 124 (BIA 2017)
Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants
The American Immigration Council issued a special report explaining the stark findings of an empirical investigation into the behavioral patterns of U.S. immigration authorities during the apprehension, custody, and removal of Mexican migrants from the United States.
Risk vs. Uncertainty: Advising and Advocating in the New Paradigm
While listening to a Freakonomics podcast recently focusing on John Urschel's abrupt decision to retire from the NFL., I was intrigued by the discussion of how we make decisions in the face of risk versus uncertainty. By way of explanation, the introduction to the piece asks how it is possible we ha
Representatives Coffman and Gutierrez Request Technical Fixes for DACA Participants
On 9/18/17, Representatives Mike Coffman (R-CO) and Luis Gutierrez (D-IL) sent a letter to DHS and USCIS requesting a series of technical fixes to the process of ending the DACA program.
DACA Recipients File Lawsuit Challenging DACA Rescission
Several DACA recipients filed a lawsuit asking the district court to enjoin the rescission of the DACA program and the use of information obtained pursuant to the DACA program for immigration enforcement purposes, except as previously authorized. (Garcia v. Trump, 9/18/17)
DHS Notice of Availability of DACA Rescission Memo
DHS notice that the 9/5/17 memo rescinding the Deferred Action for Childhood Arrivals (DACA) program is available on the DHS website. (82 FR 43556, 9/18/17)
SPLC Letter to ICE About Barriers to Law Library in Detention
On 8/22/17, the Southern Poverty Law Center (SPLC) sent a letter to ICE after receiving reports that detainees at the Folkston Detention Center were denied access to the law library. In the letter, SPLC details the violations of due process, and provides recommendations for moving forward.
BIA Finds Respondent Did Not Breach Bond Conditions
Unpublished BIA decision holds that respondent did not breach bond conditions by moving out of state where note in IJ decision indicated that he had to remain at the address where he intended to move after his release. Special thanks to IRAC. (Matter of S-S-, 9/15/17)
BIA Reopens Proceedings for Respondent Who Meets Requirements for “U” Visa
Unpublished BIA decision reopens proceedings sua sponte in light of USCIS letter stating that respondent satisfied the requirements for “U” nonimmigrant status but a visa was not yet available. Special thanks to IRAC. (Matter of Patel, 9/15/17)
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)