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
BIA Clarifies When IJs May “Peek” at a Noncitizen’s Conviction Record
The BIA held that in determining if a statute is divisible, IJs may “peek” at a noncitizen’s conviction record only to discern whether statutory alternatives define “elements” or “means,” provided state law does not otherwise resolve the question. Matter of Chairez, 27 I&N Dec. 21 (BIA 2017)
TRAC Report Finds Immigration Court Post-Trump Cases Show No Increase
This TRAC report found that the latest available court records through the end of March 2017 reveal little observable change in filings since President Trump assumed office. However, because of filing and recording delays, any estimate of overall trends must be considered very preliminary in nature.
AILA Summary of Leaked Document: 90-Day Progress Report to the President on EO 13767
AILA issued a summary of the leaked draft of DHS’s 90-day progress report. On 1/25/17, President Trump signed EO 13767 that called for a report within 90 days on the progress of the directives contained in the EO. On 4/12/17, the Washington Post published an article about the assessment.
BIA Finds Altering Vehicle Document Is Not a CIMT
Unpublished BIA decision holds altering a vehicle document, license, or license plate under Cal. Veh. Code 4463(a)(1) is not a CIMT because it covers simple acts of vandalism. Special thanks to IRAC. (Matter of Garcia Reyes, 4/20/17)
BIA Upholds Bond for Respondent with Two DUI Convictions
Unpublished BIA decision upholds grant of bond to respondent with two DUI convictions, noting he participated in alcohol rehabilitation programs in detention and enrolled in a residential treatment program upon release. Special thanks to IRAC. (Matter of E-C-, 4/20/17)
BIA Holds Iowa Theft Not an Aggravated Felony
Unpublished BIA decision holds that Iowa Code 714.2 is not an aggravated felony theft offense because it encompasses fraudulent takings and the statute is not divisible. Special thanks to IRAC. (Matter of Pizana Madera, 4/20/17)
Chief Justice Stuart Rabner Objects to ICE Arrests at New Jersey Supreme Court
New Jersey Chief Justice Stuart Rabner issued a letter to DHS Secretary John Kelly urging ICE not to arrest individuals who show up for court appearances in state court. The Chief Justice requests that courthouses be added to the list of “sensitive locations” outlined in a 2011 ICE enforcement memo.
Protecting Assets and Child Custody in the Face of Deportation
Appleseed’s Manual will help families develop plans in advance to deal with critical financial and family issues in the event of deportation, arrest, and other family emergencies.
DHS Statement on Former DACA Recipient Juan Manuel Montes-Bojorquez
DHS issued a statement regarding Juan Manuel Montes-Bojorquez, who was removed to Mexico on 2/20/17. DHS stated that he had been approved for DACA but lost his status when he left the United Stated without advance parole prior to his arrest by the U.S. Border Patrol on 2/19/17.
BIA Clarifies Matter of Avetisyan Regarding Administrative Closure
The BIA held that the primary consideration for an IJ in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed. Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)
CA8 Finds BIA Properly Placed Burden on Petitioner to Prove That Statutory Bar to Waiver Relief Did Not Apply
The court held that BIA properly placed on petitioner the burden to prove that the statutory bar to waiver relief in INA §212(a)(3)(E)(iii) did not apply, because petitioner conceded he was removable for willful misrepresentation of a material fact. (Maric v. Sessions, 4/18/17)
CA8 Finds Asylum Applicant Failed to Demonstrate That His Subjective Fear Was Objectively Reasonable
The court held that the Guatemalan petitioner had not demonstrated that his subjective fear of persecution was objectively reasonable, and thus that substantial evidence supported IJ and BIA’s determination that he failed to establish eligibility for asylum. (Lemus-Arita v. Sessions, 4/17/17)
CA9 Finds Petitioner Who Was in the CNMI in 2009 Is Inadmissible Under INA §212(a)(7)
The court held that petitioner, who was in the CNMI when U.S. immigration laws became applicable to the CNMI, was an immigrant who lacked a valid entry document when his continuing application for admission was considered by the IJ during his removal proceeding. (Minto v. Sessions, 4/17/17)
BIA Holds California Petty Theft Not an Aggravated Felony
Unpublished BIA decision holds that petty theft under California Penal Code §§484(a) and 666 is not an aggravated felony theft offense. Special thanks to IRAC. (Matter of Chavez, 4/17/17)
ICE Enforcement in Courthouses is a Dangerous Mistake
Immigration and Customs Enforcement (ICE) has been stepping up its enforcement operations, this time in and around courthouses. There have been reports of ICE officers increasingly showing up in courthouses across the country to arrest unsuspecting immigrants. This is a misguided policy…and a
BIA Holds Florida Burglary of a Structure Is Not a CIMT
Unpublished BIA decision holds that burglary of a structure under Fla. Stat. §§ 810.02(1) and (4) is not a CIMT because it does not require an intent to commit a CIMT. Special thanks to IRAC. (Matter of Vincent, 4/14/17)
BIA Says Assault with a Deadly Weapon in California Is Categorically a CIMT
Distinguishing Ceron v. Holder, the BIA held that assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Matter of Wu, 27 I&N Dec. 8 (BIA 2017)
DHS OIG Report on ICE Deportation Operations
The DHS Office of Inspector General (OIG) released a repost finding that ICE does not effectively manage the deportation of undocumented immigrants who are no longer detained, but are under its supervision. ICE concurred with the five recommendations made and initiated corrective actions.
Kids These Days
A child can be sweet, mad, smart, hilarious, whiny, silly, or sad. A child can be an angel, a terror, a silly goose, Captain America, Wonder Woman, a kitty cat, or a Tyrannosaurus Rex. A child cannot be an immigration lawyer. And yet… In immigration courts across the United States, every singl
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.