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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
AG Sessions Announces Additional Hiring of IJs in 2017 and 2018
While announcing a “renewed commitment” to criminal immigration enforcement, Attorney General Jeff Sessions revealed that DOJ will add 50 more IJs to the bench in 2017 and 75 in 2018. He also highlighted DOJ’s plan to streamline its hiring of IJs in order to reduce backlogs in immigration courts.
DOJ Memo Stating Renewed Commitment to Criminal Immigration Enforcement
DOJ issued a memorandum for all federal prosecutors that renewed the commitment to criminal immigration enforcement, outlined the immigration offenses that should be given priority, and called for each District to designate a Border Security Coordinator by 4/18/17.
DOJ’s Immigration Court Practice Manual (Updated on 4/11/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual regarding defensive and lodged asylum applications. The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts.
EOIR Swears in 14 Immigration Judges
EOIR swears in 14 immigration judges, including Justin F. Adams, Edward M. Barcus, Paula J. Donnolo, Lauren T. Farber, Paul M. Habich, Cara O. Knapp, Maria Lurye, Anthony E. Maingot, Sarah B. Mazzie, Matthew E. Morrissey, An Mai Nguyen, Sean D. Santen, Stuart A. Siegel, and Gwendylan E. Tregerman.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 4/1/17 and ending 6/30/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.61 per centum per annum. (82 FR 17332, 4/10/17)
EOIR Notice of Change in Jurisdiction for Cases Originating in Idaho and Montana
Notice from EOIR that it has realigned resources in the field, and that jurisdiction over all immigration cases originating in Idaho and Montana will transfer from the Portland, Oregon, Immigration Court to the Salt Lake City, Utah, Immigration Court, as of 4/17/17.
BIA Orders IJ to Provide Parties Copy of Unpublished Decision
Unpublished BIA decision remands case for further consideration and orders immigration judge to provide the parties with a copy of an unpublished Board decision on which he relied. Special thanks to IRAC. (Matter of Jasso Arangure, 4/7/17)
BIA Holds Entry as Temporary Resident Constitutes “Admission”
Unpublished BIA decision holds that respondent was “admitted” by entering the country as a temporary resident and remained “admitted” after his temporary status expired. Special thanks to IRAC. (Matter of Gomez, 4/6/17)
FOIA Response: Booz Allen Hamilton Report on Immigration Courts (4/6/17)
On 4/11/18, AILA and the Council received a response to an EOIR FOIA request. The response included a partially redacted copy of a report titled “Legal Case Study: Summary Report.” The report was written by Booz, Allen, Hamilton after a year-long study of the immigration court system.
BIA Says Sexual Offense in Violation of Statute Enacted to Protect Minors Is a CIMT in Certain Circumstances
The BIA held that a sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is under 14 or a significant age difference exists between the perpetrator and a victim under 16. Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)
AILA/USCIS Meeting Questions and Answers (4/6/17)
Q&As from the 4/6/17 liaison meeting with AILA and USCIS HQ. Topics include executive orders on immigration, attorney representation issues, H-1B validity periods, ACICS, FCCPT, visa revocation, CSPA, and more.
AILA ICE Liaison Committee Meeting Q&As (4/6/17)
Official Q&As from the 4/6/17 AILA liaison meeting with ICE. Topics include information on staffing and organizational updates, enforcement memos, directives, prosecutorial discretion, detention, bond, detainers, parole, DACA, VOICE, and post order issues.
President Trump’s Massive Enforcement Plan: Wasteful and Ineffective
AILA issued “President Trump’s Massive Enforcement Plan: Wasteful and Ineffective,” providing analysis of the President’s plan to build the border wall, hire more deportation agents, increase immigration detention, and increase prosecutions of those who cross the border illegally.
CA1 Finds Petitioner Did Not Derive U.S. Citizenship Through His Mother’s Naturalization Under Former INA §321(a)(3)
The court concluded that the petitioner failed to meet his burden of proving that he is a U.S. citizen, and that the jurisdictional bar in INA §242B(5)(A) applied and precluded judicial review of the final order of removal against him. (Miranda v. Sessions, 4/5/17)
CA7 Finds BIA Did Not Err in Denying a Remand for Petitioner to Present New Evidence
The court held that petitioner did not demonstrate he was denied due process of law by IJ’s considering his asylum claim, and that BIA properly found that petitioner’s additional submissions on appeal did not meet the requirements for a motion to remand. (Barragan-Ojeda v. Sessions, 4/5/17)
BIA Terminates Proceedings Following Issuance of Certificate of Citizenship
Unpublished BIA decision reinstates and terminates proceedings that were previously ordered administratively closed because respondent was issued a Certificate of Citizenship. Special thanks to IRAC. (Matter of Howie, 4/5/17)
Acting Deputy Attorney General Issues Memo on Immigration Judge Hiring Process
On October 18, 2018, Human Rights First obtained the Attorney General’s April 2017 memorandum that outlined changes to the immigration judge hiring process.
BIA Holds California Voluntary Manslaughter Is Not a Crime of Violence
Unpublished BIA decision holds that voluntary manslaughter under California Penal Code § 192(a) is not an aggravated felony crime of violence because a person can be convicted based upon reckless conduct. Special thanks to IRAC. (Matter of Alvarado, 3/30/17)
Attorney General Sessions Announces Expansion and Modernization of Program to Deport Criminal Aliens Housed in Federal Correctional Facilities
The DOJ expanded the Institutional Hearing Program (IHP) to 14 Bureau of Prisons (BOP) and 6 BOP contract facilities. The IHP identifies removable criminal aliens at federal correctional facilities, provides in-person and VTC removal proceedings, and removes the individual at end of the sentence.
Credible Fear Lesson Plans Comparison Chart
Comparison chart analyzing USCIS Asylum Office’s Credible Fear Lesson Plans for 2006, 2014, and 2017. Special thanks to Angela Edman and Dree Collopy.
BIA Finds Conviction for Carrying Concealed Firearm Not a Firearms Offense
Unpublished BIA decision terminates proceedings upon finding that carrying a concealed firearm in a vehicle under California Penal Code 12025(a)(1) is not a firearms offense. Special thanks to IRAC. (Matter of Bonilla, 3/29/17)
BIA Holds Virginia Statutory Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that burglary under Va. Code Ann. §§ 18.2-91 is not aggravated felony crime of violence or theft offense because statute is not divisible, and prior counsel provided ineffective assistance by conceding charge. Special thanks to IRAC. (Matter of H-M-F-, 3/29/17)
USCIS FOIA Response with Guidance Related to Emergency Advance Parole
In response to AILA’s FOIA request, USCIS provides a portion of the USCIS CHAP (Policy Manual), last updated in March 2017, that includes guidance on emergency advance parole and advance parole in general. Please note USCIS no longer approves advance parole requests relating to DACA cases.
S.748: Protecting the Rights of Families and Immigrants Who Legally Entered From Detention Act
On 3/28/17, Senators Menendez (D-NJ) and Harris (D-CA) introduced the Protecting the Rights of Families and Immigrants Who Legally Entered from Detention Act, which would rescind EO 13768 and protect against unlawful detentions and prohibit racial profiling by law enforcement or agencies.
CA7 Finds BIA Erred in Ignoring Petitioner’s Evidence of Materially Changed Conditions in Sudan and South Sudan
The court vacated the BIA’s decision and remanded, finding that in denying petitioner’s motion to reopen, the BIA ignored the petitioner’s evidence of growing violence in South Sudan, and evidence that he would be in danger if he were to be removed. (Arej v. Sessions, 3/28/17)