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
Fact Sheet on the Victims of Immigration Crime Engagement Office
ICE provided a fact sheet on the Victims of Immigration Crime Engagement (VOICE) Office. Victims can call a tool-free hotline and receive assistance with signing up for automatic custody status information via DHS-VINE and information on the criminal or immigration history of the perpetrator.
Immigration Law Advisor, March/April 2017 (Vol. 11, No. 3)
The March/April 2017 issue of Immigration Law Advisor includes an article on adverse credibility including evidentiary standards and requirements regarding corroboration, notice, and the right to present evidence, as well as summaries of circuit court decisions and BIA precedent decisions.
Imprisoned Justice: Inside Two Georgia Immigrant Detention Centers
This report by Project South and Penn State Law’s Center for Immigrants’ Rights Clinic, with several other organizations, provides a first-hand account of conditions at the Irwin and Stewart detention centers through interviews with detained immigrants and the attorneys who represent them.
DHS Announces Launch of New Office for Victims of Undocumented Immigrant Crime
DHS announced the official launch of the U.S. Immigration and Customs Enforcement Victims of Immigration Crime Engagement Office (VOICE). The VOICE office will assist victims of crimes committed by undocumented foreign nationals. ICE built the VOICE office in response to EO 13768.
CA3 Says BIA Should Review De Novo Whether Petitioner Established Acquiescence Under the CAT
The court held that the BIA did not apply the correct legal standard under the CAT and should have reviewed de novo the IJ’s determination that the Panamanian petitioner could not establish government acquiescence to the torture he feared. (Dutton-Myrie v. Attorney General, 4/28/17)
CA7 Affirms Denial of Asylum to Haitian Petitioner Who Claimed He Was Attacked and Threatened Because of His Political Activity
Affirming the denial, the court upheld IJ’s findings that petitioner’s testimony was vague and inconsistent and without sufficient corroboration, and that he could not show that the Haitian government was unwilling or unable to protect him if he were to return. (Silais v. Sessions, 4/28/17)
BIA Holds California Theft Statute Not a CIMT
Unpublished BIA decision holds that theft under Cal. Veh. Code 10851(a) is not a CIMT because it criminalizes joyriding and is not divisible. Special thanks to IRAC. (Matter of Arellano Aguilar, 4/28/17)
BIA Finds Domestic Assault Not a CIMT
Unpublished BIA decision holds that fifth degree domestic assault under Minn. Stat. 609.2242, subd.1(2) is not a CIMT because neither physical contact nor infliction of injury is required. Special thanks to IRAC. (Matter of Omari, 4/28/17)
BIA Finds Identity Theft Not a CIMT
Unpublished BIA decision holds that identity theft under 18 Pennsylvania Consolidated Statutes 4120(a) is not a CIMT because it does not require a specific intent to defraud or deceive. Special thanks to IRAC. (Matter of Benka Coker, 4/28/17)
BIA Finds Sale or Transport of Controlled Substance Not an Aggravated Felony
Unpublished BIA decision holds sale or transport of controlled substance under Cal. Health & Safety Code 11352(a) not an aggravated felony because it includes mere solicitation, offer to sell, and importation from another state. Special thanks to IRAC. (Matter of Gallo, 4/28/17)
BIA Finds Possession of Motor Vehicle Part Without ID Number Is Not a CIMT
Unpublished BIA decision holds that possession of a motor vehicle part without an identification number under Utah Code 4-1a-1313 is not a CIMT because it does not require the part to be stolen or used unlawfully. Special thanks to IRAC. (Matter of Romero-Ramirez, 4/28/17)
BIA Finds Residential Burglary Is Not a CIMT
Unpublished BIA decision holds that residential burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Delgadillo Armas, 4/27/17)
BIA Holds Grand Theft by Labor Not an Aggravated Felony
Unpublished BIA decision holds that grand theft by embezzlement under Cal. Penal Code 487 is not an aggravated felony theft offense because it criminalizes theft of labor and services and theft by false pretenses. Special thanks to IRAC. (Matter of S-D-, 4/26/17)
BIA Holds Unauthorized Use of Personal Identifying Document Not a CIMT
Unpublished BIA decision holds that unauthorized use of personal identifying information of another under Cal. Penal Code 530.5(a)(5) is not a CIMT. Special thanks to IRAC. (Matter of Pangilinan, 4/26/17)
BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony
Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17)
BIA Holds Leaving Scene of Accident Not a CIMT
Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17)
District Court of Appeal Overturns Conviction Where Fake Immigration Attorney Provided Bad Advice
Florida’s Fourth District Court of Appeal reversed the summary denial of the appellant’s rule 3.850 motion that alleged her plea was involuntary based upon misadvice from a person posing as an immigration attorney, and remanded for further proceedings. (Rila v. State of Florida, 4/26/17)
Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest
If a client has a final order of removal and has been reporting to ICE every six months, but was recently arrested for a DUI, they may be a priority for ICE enforcement and removal. In this bite-sized ethics article, learn how to best counsel your client in this difficult situation.
CA4 Says a Virginia Statutory Burglary Does Not Constitute an Aggravated Felony
The court denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law. (Castendet-Lewis v. Sessions, 4/25/17)
Leaked Document: 90-Day Progress Report to the President on EO 13767
On 1/25/17, President Trump signed Executive Order (EO) 13767 that called for a report within 90 days on the progress of the directives contained in the EO. This is a leaked draft of DHS’s 90-day progress report. On 4/12/17, the Washington Post published an article about the assessment.
AILA Summary and Analysis of the DHS Memorandum on Interior Enforcement
AILA provides a detailed summary and analysis of the February 20, 2017, DHS memorandum signed by Secretary Kelly, “Enforcement of the Immigration Laws to Serve the National Interest.” This memorandum implements President Trump's Executive Order on interior enforcement.
BIA Upholds Bond Based on Materially Changed Circumstances
Unpublished BIA decision upholds grant of bond based on materially changed circumstances where respondent attended rehabilitation meetings after DUI conviction and wife provided assurances that she would drive respondent. Special thanks to IRAC. (Matter of M-R-R-A-, 4/25/17)
BIA Finds Aggravated Child Abuse Not Sexual Abuse of a Minor
Unpublished BIA decision holds that aggravated child abuse under Fla. Stat. 827.03 is not sexual abuse of a minor because each subsection applies to conduct that is not sexual in nature. Special thanks to IRAC. (Matter of Petitdor, 4/24/17)
TRAC Report Finds Civil Lawsuits to Redress Immigration Action and Inaction Are Up Under Trump
This TRAC report found that as of the end of March 2017, 763 new civil immigration lawsuits were filed in disputes involving immigration matters since January 20, 2017. Under President Trump, monthly filings were up 40.5 percent when compared with those of the same period in the previous year.
U.S. Commission on Civil Rights Expresses Concern with Immigrants’ Access to Justice
The U.S. Commission on Civil Rights expressed concerns that access to justice is hindered by federal immigration agents following, confronting, and arresting immigrants in state and local courthouses where some of these immigrants were seeking help from authorities and the local justice system.