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
CA1 Upholds the BIA and IJ Finding That Petitioner Had Not Suffered Past Persecution
The court denied the petition for review, holding that the Guatemalan petitioner provided no basis for the reversal of the denial of his asylum application nor did he offer a basis on which to conclude that he qualified for withholding of removal. (Morales-Morales v. Sessions, 5/22/17)
BIA Addresses Extraordinary Circumstances Exception for Minors
Unpublished BIA decision holds that “minor” means person under 18 years of age to qualify for extraordinary circumstances exception to asylum filing deadline but that youth of applicants between 18 and 21 can be considered as a factor. Special thanks to IRAC. (Matter of A-D-, 5/22/17)
DOJ OIG Releases Report on Investigation into Senior Executive at EOIR
AILA obtained via FOIA the underlying OIG report identified in the 6/6/17 investigative summary, Findings Concerning Improper Hiring Practices, Inappropriate Interactions with Subordinates and a Contractor, and False Statements by a Senior Executive with the Executive Office for Immigration Review.
MAVNI: A Successful Program Currently SNAFUed
Imagine you are a Polish- or Punjabi-speaking graduate of a United States school and you volunteered to join the U.S. Armed Forces, ready to serve this country and America's interests. Your recruiter told you about the Military Accessions Vital to the National Interest (MAVNI) Pilot Program which al
BIA Holds 212(h) Aggravated Felony Bar Does Not Apply to LPRs Who Adjusted as Refugees
Unpublished BIA decision holds that adjustment of status under INA 209 is not an “admission” as an LPR for purposes of the aggravated felony bar in INA 212(h). Special thanks to IRAC. (Matter of Peduri, 5/19/17)
BIA Upholds Bond to Respondent with Recent DUI Convictions
Unpublished BIA decision upholds grant of $10,000 bond to respondent convicted of DUI in 2016 in light of strong family ties to United States and wife who was seeking asylum and recently gave birth to a newborn. Special thanks to IRAC. (Matter of E-D-J-F-T-, 5/19/17)
BIA Questions Whether $50 Payment Qualifies as “Material” Support
Unpublished BIA decision remands for consideration of whether giving $50 to Al-Shabaab qualified as “material” support for terrorism, instructing IJ to consider whether it had some effect on the organization’s ability to accomplish goals. Special thanks to IRAC. (Matter of H-I-Y-, 5/18/17)
CA6 Finds BIA Properly Found Petitioners Ineligible to Adjustment
The court denied the petition for review of the BIA’s affirmation of the IJ’s finding that the petitioners were ineligible for adjustment and upheld the BIA’s interpretation of “previously filed” application for adjustment of status. (Gazeli v. Sessions, 5/18/17)
BIA Says Respondent Must Prove Grounds for Mandatory Denial of Relief Do Not Apply
The BIA upheld the Immigration Judge’s adverse credibility finding and affirmed the determination that the respondent has not established eligibility for a waiver of deportability under INA §237(a)(1)(H) or for asylum or withholding of removal. Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017)
ICE ERO Announces Immigration Arrests Climbed Nearly 40 Percent Compared to 2016
ICE announced that between 1/22/17 and 4/29/17, ICE Enforcement and Removal Operations (ERO) deportation officers administratively arrested 41,318 individuals on civil immigration charges. Between that same time period in 2016, ERO arrested 30,028 individuals.
AILA Quicktake #203: Legislation in House Judiciary Committee
AILA's Director of Government Relations Greg Chen provides updates on three enforcement-only bills being marked up in the House Judiciary Committee on 5/18/17 and how these will undermine public safety.
AILA Statement to House Judiciary Committee on Markup of H.R. 2406, H.R. 2407, and H.R. 2431
On 5/17/17, AILA submitted the following statement opposing three immigration related bills (H.R. 2407, H.R. 2406, and H.R. 2431) scheduled for markup on 5/18/17 before the House Judiciary Committee. These bills would constitute an unprecedented expansion of the immigration enforcement.
AILA Urges House Committee to Move Away from Cruel, Costly, and Ineffective “Enforcement-Only” Immigration Legislation
AILA President Bill Stock urges the House Judiciary Committee to move away from cruel, costly, and ineffective “enforcement-only” immigration reform that completely misses the mark “on the kind of reform our country needs in order to build a 21st century immigration system that benefits us all.”
Sign-On Letter Calling on Members of Congress to Oppose H.R. 2213 and S. 595
On 5/17/17, AILA joined 67 organizations in urging members of Congress to oppose the Anti-Border Corruption Reauthorization Act (H.R. 2213) and the Senate Boots on the Border Act (S.595).
BIA Finds IJ Improperly Acted as Advocate During Hearing
Unpublished BIA decision finds that IJ impermissibly acted as an advocate rather than an impartial adjudicatory by sua sponte calling two of respondent’s relatives to testify and attempting to discredit their testimony. Special thanks to IRAC. (Matter of M-J-R-, 5/17/17)
BIA Finds California Identity Theft Is Not a CIMT
Unpublished BIA decision holds that identity theft under Cal. Penal Code 530.5(a) is not a CIMT under Linares-Gonzalez v. Lynch 823 F.3d 508 (9th Cir. 2016). Special thanks to IRAC. (Matter of Nguyen, 5/16/17)
BIA Holds Arizona Aggravated DUI Not CIMT
Unpublished BIA decision holds that aggravated driving under the influence under Ariz. Rev. Stat. 28-1383(A)(1) is not a CIMT because statute applies to mere exercise of physical control over a vehicle. Special thanks to IRAC. (Matter of Rosas-Hernandez, 5/16/17)
BIA Finds Arizona Statute Not a Firearms Offense
Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(a)(1) is not a removable offense under INA §237(a)(2)(C) because it encompasses weapons other than firearms. Special thanks to IRAC. (Matter of Montes de Oca, 5/15/17)
Despite Hiring, Immigration Court Backlog and Wait Times Climb
TRAC found that despite an influx of new judges over the last 18 months, the Immigration Court’s mountainous backlog continues to rise. According to information obtained under the FOIA by TRAC, some individuals will have been waiting more than five additional years for their hearing date.
CA7 Finds It Lacks Jurisdiction to Review Petitioner's Challenges to Expedited Removal Process and 8 CFR §1208.31(g)(2)(i)
The court dismissed the petition for review in part and denied the remainder, holding that it had no jurisdiction to review the petitioner’s challenges to the expedited removal process or his challenge to 8 CFR §1208.31(g)(2)(i). (Delgado-Arteaga v. Sessions, 3/23/17, amended 5/12/17)
BIA Finds Child Endangerment Statute Not a Crime of Child Abuse
Unpublished BIA decision holds that endangering the welfare of a child under 18 Pa. Cons. Stat. 4304(a)(1) is not a crime of child abuse because it does not require a knowing mental state or a likelihood of harm to a child. Special thanks to IRAC. (Matter of Gutierrez, 5/12/17)
BIA Remands Record Due to Lack of Mam Interpreter
Unpublished BIA decision remands record because Mam-speaking respondent did not understand proceedings conducted through a Spanish interpreter. Special thanks to IRAC. (Matter of Ambrosio-Domingo, 5/12/17)
BIA Affirms Finding that Public Lewdness Is Not a CIMT
Unpublished BIA decision denies DHS motion to reconsider prior decision holding that public lewdness under NYPL 245.00 is not a CIMT. Special thanks to IRAC. (Matter of Kaminski, 5/11/17)
BIA Rescinds In Absentia Order Against Respondent Who Provided Relative’s Address
Unpublished BIA decision rescinds in absentia order stating that respondent did not waive his right to notice of the hearing by listing the address of an uncle with whom he was not residing. Special thanks to IRAC. (Matter of Mata-Siciliano, 5/11/17)
AILA Members’ LTE Template on Large-Scale Enforcement Actions and Raids
We encourage AILA members to personalize and use this template Letter to the Editor as a starting point when writing a response to an article in your local outlet about large-scale enforcement actions and raids. Please email newsroom@aila.org with any questions or to share your success.