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
Law Student Perspective: An Indiana Law Student’s Perspective of a Pence-Influenced Immigration Policy
AILA law student member Kristen Coffey offers her insight on upcoming changes to immigration policy under the Trump/Pence administration.
Documents Relating to Oregon Case Challenging Trump's Executive Order Targeting Muslim-Majority Countries (Unite Oregon v. Trump)
Unite Oregon filed a lawsuit in federal court seeking a declaration that the executive order is unconstitutional as applied to lawful immigrants, nonimmigrant, and refugees detained or interrogated at the Portland International Airport and an injunction. (Unite Oregon v. Trump, 2/1/17)
CA4 Defers to BIA’s Interpretation of “Date of Admission” in Matter of Alyazji
The court denied the petition for review, holding that the BIA’s interpretation in Matter of Alyazji of the phrase “the date of admission” in INA §237(a)(2)(A)(i) was reasonable and entitled to Chevron deference. (Sijapati v. Boente, 2/1/17)
EOIR Fact Sheet: Observing Immigration Court Hearings
EOIR provided a fact sheet on observing immigration court hearings. Fact sheet outlines specific instances when immigration court hearings are closed.
Immigration Law Advisor, February 2017 (Vol. 11, No. 2)
The February 2017 issue of Immigration Law Advisor includes an article on the procedural framework for considering document similarities in immigration proceedings, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Immigration Law Advisor, January 2017 (Vol. 11, No. 1)
The January 2017 issue of Immigration Law Advisor includes an article on the evolving interpretation of the categorical and modified categorical approaches from Chairez III and Silva-Trevino III, as well as summaries of recent circuit court decisions and BIA precedent decisions.
TRAC Report: The Role of ICE Detainers Under Bush and Obama
TRAC report with an analysis of removal-by-removal ICE records, revealing a surprisingly low number of individuals were deported as a result of the use of detainers by ICE. Examining what detainers can achieve is important because President Trump will likely increase the use of detainers.
BIA Says Mayhem Under California Law Is Categorically a Crime of Violence
The BIA held that the crime of mayhem under California law, which requires a malicious act that results in great bodily injury to another person, necessarily involves the use of violent force, and is therefore categorically a crime of violence. (Matter of Kim, 26 I&N Dec. 912 (BIA 2017))
Documents Relating to California Case Challenging Trump’s Executive Order Targeting Muslim-Majority Countries
The court granted the motion for a temporary restraining order and enjoined the defendants from removing, detaining, or blocking the entry of plaintiffs or any other person from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen with a valid immigrant visa. (Mohammed v. Trump, 1/31/17)
Syrian Family Files Suit Challenging Trump's Executive Order
A Syrian family has filed a suit in a federal court in Pennsylvania challenging President Trump’s 1/27/17 Executive Order. (Asali v. DHS, 1/31/17)
EOIR Memorandum: Case Processing Priorities
EOIR memo that rescinds the 2/3/16 memo ("Revised Docketing Practices Relating to Certain EOIR Priority Cases") and the 3/24/15 memo ("Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children Released on Alternatives to Detention Cases in Light of New Priorities").
BIA Remands Record Because IJ Failed to Inquire Into Fear of Return
Unpublished BIA decision remands record because IJ failed to ask whether respondent feared returning to Guatemala and relied on assertion in Form I-213 that she did not express fear of persecution when apprehended at border. Special thanks to IRAC. (Matter of Godinez-Perez, 1/31/17)
BIA Reopens Proceedings For Pursuit of Provisional Waiver
Unpublished BIA decision grants motion to reopen to pursue provisional waiver (Form I-601A) following approval of visa petition and acquittal on criminal charges pending at the time prior appeal was dismissed. Special thanks to IRAC. (Matter of Olmedo, 1/31/17)
BIA Reopens Sua Sponte for Respondent to Adjust Status Under INA 245(i)
Unpublished BIA decision reopens proceedings sua sponte for respondent eligible to adjust status under INA 245(i) who lived in U.S. for sixteen years and has numerous U.S. citizen children. Special thanks to IRAC. (Matter of Villatoro, 1/31/17)
BIA Vacates Aggravated Felony Fraud Finding for Preparer of False Tax Returns
Unpublished BIA decision vacates finding that respondent was convicted of aggravated felony despite total loss of $1.2 million because record did not establish amount of loss from false tax returns he was convicted of filing. Special thanks to IRAC. (Matter of Friday, 1/30/17)
BIA Reverses Fraud Finding for Unknowing Submission of Fraudulent Marriage Certificate
Unpublished BIA decision vacates finding of inadmissibility based on unknowing submission of fraudulent marriage certificate, stating that “mere failure to adequately review a document before certifying its accuracy is not fraud.” Special thanks to IRAC. (Matter of H-M-, 1/30/17)
CA1 Finds Rhode Island Controlled Substance Convictions Qualify as Removable Offenses Under Modified Categorical Approach
The court held that while the petitioner’s Rhode Island controlled substance convictions did not qualify as removable offenses under the categorical approach, they did qualify under the modified categorical approach. (Swaby v. Yates, 1/30/17)
DHS Secretary Kelly Statement on Trump’s Appointment of Thomas D. Homan as Acting ICE Director
Statement by DHS Secretary Kelly on the 1/30/17 appointment by President Trump of Thomas D. Homan as Acting ICE Director, who replaced Acting ICE Director Daniel Ragsdale. Homan had served as the executive associate director of ICE Enforcement and Removal Operations (ERO) since 2013.
AILA Comments on EOIR Proposed Rule on Denials of Suspension of Deportation and Cancellation of Removal
AILA’s comments submitted on 1/30/17 in response to the DOJ notice of proposed rulemaking to amend regulations to allow IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached.
BIA Finds INA §101(f)(3) Requires Conviction or Admission to Bar Finding of Good Moral Character
Unpublished BIA decision concludes that a reasonable interpretation of the “conviction or admission” phrase in INA §101(f)(3) is that it limits application of the statute to convictions or admissions. Courtesy of Skyler Anderson. (Matter of - , 1/30/17)
DHS Statement: In Applying Executive Order, Entry of LPRs Deemed to be in the National Interest
DHS Secretary Kelly states that, in applying the provisions of the president's EO, the entry of LPRs is deemed to be in the national interest. Thus, absent the receipt of “significant derogatory information …, LPR status will be a dispositive factor in [the] case-by-case determinations.”
Documents Relating to Immigrant Visa Holder's Suit Challenging Trump's Executive Order
The judge granted a temporary restraining order requiring the respondents to transport the petitioner, who had been removed from the country, back to the United States and admit him under the terms of his visa. (Vayeghan v. Kelly, 1/29/17)
Washington District Court Judge Grants Stay of Removal in Lawsuit Challenging Trump Executive Order
The court granted a stay of removal and found that the defendants are enjoined from removing the two petitioners from the United States pending further order of the court. A hearing was set for 2/3/17 to determine whether to lift the stay. (Doe v. Trump, 1/28/17)
CBP Guidance Regarding Implementation of EO 13769 Travel Ban Obtained Via FOIA
Documents and field guidance, obtained via FOIA, relating to the implementation of the travel ban provisions of Executive Order 13769, signed by President Trump on January 27, 2017, including communications between CBP and field staff.
BIA Holds Nevada Domestic Violence Statute Not a Crime of Violence
Unpublished BIA decision holds battery domestic violence under Nev. Rev. Stat. 200.485.1(a) is not a crime of violence because it may be committed using nonviolent force and respondent not bound by prior attorney admission. Special thanks to IRAC. (Matter of Cardeas Cazares, 1/27/17)