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
CA9 Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. (Sales v. Sessions, 8/18/17)
BIA Finds Burglary of a Regularly or Intermittently Occupied Dwelling Under Oregon Law Is a CIMT
The BIA held that burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude (CIMT), provided that the dwelling is at least intermittently occupied. Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)
BIA Says U Visa Processing Delays Not Sufficient Basis to Deny Continuance
Unpublished BIA decision orders further consideration of request for continuance pending adjudication of U visa application and states that processing delays by themselves are not a sufficient basis to deny a continuance. Special thanks to IRAC. (Matter of Alvarado-Turcio, 8/17/17)
BIA Holds Minnesota Threats Statute Is Not a CIMT
Unpublished BIA decision holds that making terroristic threats under Minn. Stat. § 609.713, subd. 1 is not a CIMT and that contrary Eighth Circuit decision did not consider whether statute applied to non-turpitudinous conduct. Special thanks to IRAC. (Matter of Ezeobi, 8/17/17)
BIA Vacates Dangerousness Finding Based on Driving Without a License
Unpublished BIA decision holds that IJ erred in finding respondent to be a danger to the community based solely on three arrests for driving without a license. Special thanks to IRAC. (Matter of E-S-, 8/17/17)
Alternatives to Detention Handbook - Intensive Supervision Appearance Program
ICE provides an Alternatives to Detention (ATD) handbook on the Intensive Supervision Appearance Program (ISAP) that provides detailed protocols, charts, and sample forms for applying ICE Enforcement and Removal Operations ATD programs.
ICE Settles Case Challenging Interference with Legal Representation at Dilley
The parties in Dilley Pro Bono Project v. ICE reached a settlement ensuring access to mental health evaluations for detained asylum-seeking mothers and children. The case was filed after ICE barred a full-time legal assistant with the pro bono project from entering the Dilley facility.
CA1 Says Third-Degree Larceny Under Connecticut Law Is an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s conviction for third-degree larceny under Conn. Gen. Stat. §53a-124 constituted a “theft offense” aggravated felony under the INA. (De Lima v. Sessions, 8/16/17)
Resources on Lawsuit Challenging ICE Policy on Telephonic Mental Health Evaluations
Resources related to Dilley Pro Bono Project v. ICE, a lawsuit filed by the American Immigration Council, CLINIC, and Sullivan & Cromwell challenging ICE’s policy of requiring pre-approval for telephonic mental health evaluations for detainees at the South Texas Family Residential Center.
ICE Guidance to OPLA Attorneys Regarding Immigration Enforcement
Obtained via FOIA by BuzzFeed, ICE issued guidance on 8/15/17 from ICE Principal Legal Advisor Tracy Short to all OPLA attorneys. This memo implements President Trump’s 1/25/17 Executive Order 13768 and Secretary of Homeland Security Kelly’s 2/20/17 memo on interior enforcement.
BIA Holds Oklahoma Possession with Intent to Distribute Statute Is Not an Aggravated Felony
Unpublished BIA decision holds possession of cocaine with intent to distribute under 63 Okla. Stat. 2-401-2-420 isn’t an aggravated felony as it requires neither unlawful trading or dealing nor knowledge of the substance’s illicit nature. Special thanks to IRAC. (Matter of Gonzalez, 8/14/17)
EOIR Swears in Nine Immigration Judges
The Executive Office for Immigration Review (EOIR) announced the investiture of nine new immigration judges (IJs) to fill positions in Bloomington, MN.; Boston; Cleveland; Harlingen, TX; New York; San Antonio; and San Francisco. A streamlined hiring process is being used to reach a total of 384 IJs.
Sign-On Letter from Law Scholars Urges Trump to Preserve DACA
On 8/14/17, a group of 104 law scholars sent a letter to President Trump on the legality of the Deferred Action for Childhood Arrivals (DACA) program, which has come under attack in recent weeks.
BIA Sustains Appeal, Finding Possession with Intent Is Not an Aggravated Felony
Unpublished BIA decision sustained the respondent’s appeal and remanded to determine eligibility for cancellation of removal, concluding that possession with intent is not an aggravated felony under Oklahoma statute. Courtesy of Arash Varshosaz. (Matter of Gonzalez, 8/14/17)
CA4 Vacates Immigration Fraud Conviction Due to Judge’s Negative Comments Regarding Diversity Visa Program
The court vacated the immigration fraud conviction of the appellee, who entered the U.S. through the Diversity Immigrant Visa Program, finding that the judge’s negative comments about the program improperly influenced the jury. Courtesy of Jorgelina Araneda. (United States v. Lefsih, 8/14/17)
USCIS Provides Q&As from Asylum Division Quarterly Stakeholder Meeting (8/11/17)
USCIS provides Q&As from the 8/11/17 Asylum Division stakeholder meeting. Topics discussed included TRIG cases, biometrics notices, post-interview delays, I-94s for defensive asylees, unaccompanied children, gang-related questions, attorney interaction during interviews, and more.
Guide to Responding to Inappropriate Immigration Judge Conduct
On 8/10/17, Catholic Legal Immigration Network (CLINIC) issued a new practitioner’s guide. The guide gives information about the range of options available when inappropriate immigration judge (IJ) conduct occurs, including how to file a complaint with the EOIR.
Sign-On Letter Calling on DHS Secretary to Stop Raids on UAC’s and Their Sponsors
On 8/10/17, AILA joined 376 organizations in urging Acting DHS Secretary Duke to cease the ICE raids on unaccompanied children and their sponsors. The letter cites the negative effects raids have on communities, including reduced engagement with local law enforcement.
BIA Termination Refiling of Same NTA
Unpublished BIA decision upholds IJ decision terminating proceedings for second time because second NTA contained same charge alleged in first NTA and because DHS failed to submit evidence during the first round of proceedings. Special thanks to IRAC. (Matter of Kurremula, 8/10/17)
CA4 Says Individuals Subject to Reinstated Removal Orders May Not Apply for Asylum
The court held that an individual subject to a reinstated removal order is ineligible to seek asylum, finding that by enacting the reinstatement bar, Congress intended to preclude individuals subject to reinstated removal orders from applying for asylum. (Calla Mejia v. Sessions, 8/9/17)
CA4 Says North Carolina Deferred Prosecution Agreement Qualified as a “Conviction” Under the INA
The court denied the petition for review, holding that the BIA properly found the petitioner removable and inadmissible on the basis of his North Carolina deferred prosecution agreement for soliciting a child by computer to commit a sex act. (Boggala v. Sessions, 8/9/17)
CA9 Finds Record of Conviction Inadequate to Determine Whether Petitioner Was Convicted of a CIMT
The court granted the petition for review of BIA’s decision finding petitioner ineligible for cancellation of removal, holding that the record of conviction was inadequate to determine whether he was convicted of a crime involving moral turpitude. (Lozano-Arredondo v. Sessions, 8/8/17)
EOIR Releases Data on Orders of Removal, Voluntary Departures, and Final Decisions
EOIR released limited data from 2/1/17 through 7/31/17 on orders of removal, voluntary departure, and final decisions. Total orders of removal are up 27.8% from the same time period in 2016. Notice notes that DOJ has hired 54 additional immigration judges since President Trump took office.
SPLC Issues Letter with Serious Concerns Regarding Stewart Immigration Court
The Southern Poverty Law Center (SPLC) sent a letter to EOIR on the conduct of immigration judges and court personnel at the Stewart Immigration Court that break the rules of professional conduct and violate the due process of detainees. Letter includes recommendations and corrective measures.
ACLU and Center for Gender & Refugee Studies Reach FOIA Settlement Agreement with ICE
The ACLU and the Center for Gender & Refugee Studies reached a settlement agreement with ICE in a suit brought regarding delays in the production of information requested via FOIA on ICE’s detention of asylum seekers who are found to have a credible fear of persecution. (ACLU v. ICE, 8/8/17)