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
CA8 Finds BIA Did Not Abuse Its Discretion in Refusing to Reopen Petitioner’s Removal Proceeding
The court denied the petition for review, holding that the petitioner failed to develop an argument explaining why his failure to appear was because of exceptional circumstances within the meaning of INA §240(b)(5)(C). (Alvarado-Arenas v. Sessions, 3/22/17)
AILA’s Questions Submitted to EOIR in Advance of Stakeholder Meeting Scheduled for 4/5/17
AILA’s EOIR Liaison Committee submitted questions to EOIR on 3/22/17 in anticipation of the EOIR stakeholder meeting that was scheduled for 4/5/17. On 4/3/17, EOIR cancelled this stakeholder meeting. EOIR has not yet responded to AILA’s questions.
BIA Confirms Maryland Theft Statute Is Not Divisible
Unpublished BIA decision confirms that Supreme Court’s decision in Mathis did not affect its earlier decision that theft under Maryland Criminal Code § 7-104 was not divisible, and thus never an aggravated felony theft offense. Special thanks to IRAC. (Matter of Sama, 3/22/17)
CA6 Finds BIA Improperly Required Petitioner to Prove He Was Not Under Surveillance When He Entered the United States
The court held that the government was required to show that petitioner was under surveillance from the time he crossed the border until border agents apprehended him, and remanded for BIA to further consider petitioner’s eligibility for special rule cancellation. (Lopez v. Sessions, 3/21/17)
BIA Overturns IJ's Denial of Request For Waiver of Inadmissibility
Unpublished BIA decision overturns IJ’s discretionary denial of request for waiver of inadmissibility after determining that some of the negative factors that informed the denial were based on speculation and conjecture. Courtesy of Rebecca Kitson. (Matter of -, 3/20/17)
Sign-On Letter Urging Congress to Not Fund President Trump’s Mass Deportation Plan and Border Wall
On 3/23/17, AILA joined over 400 organizations from the progressive and faith-based communities urging congressional leadership to not fund President Trump’s mass deportation plan and border wall.
CA2 Finds Dominican Petitioner Born to Unwed Parents Is Not Eligible for Derivative Citizenship Through His Father’s Naturalization
The court denied the petition for review, holding that the Dominican LPR petitioner was not a “child” eligible for derivative citizenship through his father’s naturalization, because he was not “legitimated” within the meaning of former INA §321(a). (Gil v. Sessions, 3/17/17)
EOIR Provides New Hearing Location Details
As EOIR continues implementation of EO 13767, immigration judges will begin to serve details on 3/20/17. Immigration judges in these six locations – Dilley, TX; Jena, LA.; Karnes City, TX; Laredo, TX; Chaparral, NM; and Livingston, TX – join judges detailed to Adelanto, CA and Otay Mesa, CA.
Report from the Sentencing Project: Immigration and Public Safety
The Sentencing Project released a report with a survey of key research on immigration and crime, and seeks to enable the public and policymakers to engage in a more meaningful policy debate rooted in facts. Immigrants—regardless of legal status—commit crimes at lower rates than native-born citizens
Chief Justice Cantil-Sakauye Objects to Immigration Enforcement Tactics at California Courthouses
California Chief Justice Cantil-Sakauye issued a letter to Attorney General Sessions and DHS Secretary Kelly expressing her deep concern about reports from trial courts that immigration agents appear to be “stalking undocumented immigrants in our courthouses to make arrests.”
Staining America’s Image
Tuesday night, I spoke at a “Know Your Rights“ event in Tucson, Arizona, to a large group of concerned and fearful refugees from all over the world, including countries such as Iraq, Eritrea, Ethiopia and Somalia. Afterward, I spoke individually to several of the attendees who expressed anguis
BIA Vacates Denial of Adjustment Application Due to Missing Signature of Civil Surgeon
Unpublished BIA decision finds IJ improperly denied adjustment application due to missing signature on Form I-693 because respondent had no control over the defect. Special thanks to IRAC. (Matter of Gonzalez, 3/15/17)
BIA Finds DHS Failed to Demonstrate Amount of Marijuana Was Over 30 Grams
Unpublished BIA decision holds that DHS failed to establish that respondent possessed more than 30 grams of marijuana where only evidence was respondent’s own testimony estimating amount of space marijuana occupied inside plastic bags. Special thanks to IRAC. (Matter of Marsh, 3/14/17)
Practice Alert: Advising Clients on the Future of DACA
AILA provides a practice alert outlining issues members should take into consideration when advising clients or potential clients on the future of the Deferred Action for Childhood Arrivals (DACA) initiative under the Trump administration.
CA4 Finds Petitioner Established Past Persecution and Fear of Future Persecution on Account of Her Nuclear Family Ties to Her Husband
The court granted petition for review and remanded, concluding that the petitioner’s familial relationship with husband necessarily was a central reason for past persecution and fear of future persecution established by the petitioner. (Cantillano Cruz v. Sessions, 3/13/17, amended 3/14/17)
Statistics on ERO Detainers and Administrative Arrests Obtained by Washington Post
The Washington Post obtained statistics from ICE Enforcement and Removal Operations on detainers by area of responsibility from 1/20/17 to 3/13/17 and administrative arrests by area of responsibility and criminality from 1/20/14 through 3/13/17.
EOIR Reminder Regarding Filing Locations
EOIR released a message reminding those individuals in proceedings that the agency maintains a web page to assist parties and representatives in identifying filing locations for all immigration courts and associated hearing locations.
Immigrant Rights Groups File Class Action Lawsuit Challenging Trump’s Executive Order Targeting Muslims and Refugees
Plaintiffs filed an amended complaint asking the court to certify a nationwide class of plaintiffs and enjoin the government from applying sections of Executive Order 13780, which replaces Executive Order 13769, to the proposed class members. (Ali, et al. v. Trump, et al., 3/10/17)
BIA Finds Placement in California Diversion Program Not a Conviction for Immigration Purposes
Unpublished BIA decision holds that respondent’s 1994 placement in a diversion program under Cal. Penal Code 1000.3 is not a “conviction” for immigration purposes because statute did not then require finding or admission of guilt. Special thanks to IRAC. (Matter of Pacheco-Sanchez, 3/10/17)
BIA Holds South Carolina Domestic Violence Statute Does Not Require Use of Force
Unpublished BIA decision holds that criminal domestic violence under S.C. Code Ann. 16-25-20(A) is not necessarily a crime of violence under 18 U.S.C. 16(a) because it does not require force as an element. Special thanks to IRAC. (Matter of D-E-C-, 3/10/17)
BIA Holds IJ Should Have Accepted Late-Filed Evidence
Unpublished BIA decision holds that IJ should have considered late-filed evidence that was submitted 34 days prior to hearing and was not opposed by DHS. Special thanks to IRAC. (Matter of J-J-B-M-, 3/9/17)
BIA Orders Further Consideration of Whether Money Laundering Conviction is Aggravated Felony
Unpublished BIA decision orders further consideration of whether money laundering conviction is aggravated felony because IJ improperly equated amount of forfeiture with amount of funds involved in laundering. Special thanks to IRAC. (Matter of Lemus, 3/9/17)
BIA Rescinds In Absentia Order Because NTA Was Only Served on Minor
Unpublished BIA decision rescinds in absentia order because NTA was only served on the respondent, who was under 14 years of age at the time of service. Special thanks to IRAC. (Matter of G-A-M-A-, 3/9/17)
BIA Rescinds In Absentia Order for Spouse of Military Veteran
Unpublished BIA decision rescinds in absentia order for spouse of U.S. Army veteran who had been granted parole in place and was the beneficiary of a pending visa petition. Special thanks to IRAC. (Matter of Mejia, 3/9/17)
CA3 Finds Petitioner’s Conviction for Sodomy Is Not a CIMT
The court reversed the BIA’s decision that the petitioner’s crime was the “functional equivalent” of a conviction for forcible sodomy, and held that the petitioner’s conviction for sodomy was not a crime involving moral turpitude. (Chavez-Alvarez v. Attorney General, 3/9/17)