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 Holds Maryland Third Degree Burglary Not a CIMT
Unpublished BIA decision holds that third degree burglary under Md. Code Ann., Crim. Law 6-204 is not a CIMT because offenders need not intend to commit a CIMT once inside the dwelling. Special thanks to IRAC. (Matter of Hegana, 1/26/17)
BIA Finds Forfeiture Order Does Not Establish Loss From Fraud Conviction
Unpublished BIA decision finds that forfeiture order of $169,000 following fraud conviction did not demonstrate loss to victims was more than $10,000 because respondent was ordered to pay only $118.69 in restitution. Special thanks to IRAC. (Matter of Baig, 1/26/17)
BIA Holds Driving With Suspended License Post-DUI Not a CIMT
Unpublished BIA decision holds that driving with license suspended/revoked for having driven under the influence under Cal. Veh. Code 14601.2(a) is not a CIMT because it does not inherently create danger of serious harm to self and others. Special thanks to IRAC. (Matter of F-A-M-, 1/26/17)
BIA Solicits Amicus Briefs on Attempt to Transport a Narcotic Drug for Sale
The BIA is seeking amicus briefs on whether a conviction for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§13-3408(A)(7) and 13-3408(B)(7) is a crime involving moral turpitude. Briefs are due by 2/27/17.
Correction to DHS Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
DHS issued a correction to the final rule originally published at 82 FR 4769 on 1/17/17 eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by air. The correction updates contact info for DHS. (82 FR 8353, 1/25/17)
Correction to DHS Notice Eliminating Exception To Expedited Removal for Cubans Encountered in the U.S. or Arriving by Sea
DHS issued a correction to the notice originally published at 82 FR 4902 on 1/17/17 eliminating the exception to expedited removal authority for Cuban nationals encountered in the United States or arriving by sea. The correction updates contact information for DHS. (82 FR 8431, 1/25/17)
AILA/Council Summary and Analysis of Trump Executive Order on Border Security and Enforcement
AILA and the American Immigration Council’s summary and analysis of the January 25, 2017, Executive Order, “Border Security and Immigration Enforcement Improvements.” This document will be updated as information is available. A section-by-section summary and analysis follows the executive summary.
Fact Sheet: The Cost of Immigration Enforcement and Border Security
The American Immigration Council provides a fact sheet on border security, which depends on the smart and efficient use of available resources. At the same, border enforcement cannot and should not be done in isolation. Instead, the entire immigration system must be examined.
Leaked DHS Memo on Implementation of President's Border Security and Immigration Enforcement Improvements Policies
Leaked DHS memo from Secretary John Kelly, reported by the Associated Press, on the implementation of border security and immigration enforcement EO, including the use of state National Guard components and use of video teleconference removal hearings at detention facilities.
AILA/USCIS Field Operations Directorate Unofficial Update from Teleconference (1/24/17)
Unofficial update from the 1/24/17 teleconference with USCIS Field Operations Directorate. Topics include I-9 requests in benefit interviews, hiring freeze impact, ELIS, wait times for interviews, I-212/I-601A, pending N-400 adjudications and interview rescheduling, EB-5s, and interpreters.
CA4 Says Petitioner’s Conviction for Involuntary Manslaughter in Virginia Is Not a CIMT
The court vacated BIA’s removal order and remanded, finding that petitioner’s conviction for involuntary manslaughter in Virginia was not categorically a crime involving moral turpitude, because a conviction thereof can be predicated on mere criminal negligence. (Sotnikau v. Lynch, 1/24/17)
TRAC Report: ICE Criminal Prosecutions Down 41 Percent
TRAC reported that criminal prosecutions from ICE investigations for FY2016 were down 41.1 percent since FY2011. These figures do not include the larger number of criminal prosecutions from referrals made by CBP and USCIS. Immigration matters accounted for 53.2 percent of FY2016 ICE prosecutions.
Practice Alert: Clarification on Advance Parole Documents for DACA Recipients
In response to concerns raised by AILA’s NSC Liaison Committee, the NSC clarified new language concerning the parole period for travel on Form I-512L for DACA recipients who applied for advance parole. An example I-512L document with this language is included.
Draft Presidential Executive Order: Ending Unconstitutional Executive Amnesties
A leaked version of a presidential Executive order, dated 1/23/17, titled Executive Order Ending Unconstitutional Executive Amnesties. Disclaimer: this is draft only and this Executive Order has not been signed by the President.
EOIR Statement on Erroneous Public Release of Immigration Judge Information
EOIR released a statement regarding its ongoing litigation with AILA regarding the release of information regarding the immigration judge conduct and professionalism program and the publication by an attorney of uncovered data not accessible on the face of the documents.
CA5 Remands for Reconsideration of CAT Claim of Petitioner Whose Family Members Were Murdered by the Zetas Drug Cartel
The court held BIA erred in failing to consider whether petitioner’s evidence of active participation by public officials under color of law showed he was more likely than not to be tortured “by” or with “consent of” government officials. (Iruegas-Valdez v. Yates, 1/23/17, revised 3/24/17)
CA10 Upholds Denial of Asylum to Christian Chinese Petitioner Who Claimed He Was Persecuted for His Religious Beliefs
The court upheld the BIA, finding that the petitioner failed to show that a reasonable factfinder would be compelled to conclude he suffered past persecution, and that the BIA’s finding was supported by substantial evidence and the court’s precedents. (Xue v. Lynch, 11/25/16, amended 1/23/17)
CA9 Says Petitioner’s California Conviction for Witness Tampering Is Not Categorically a CIMT
The court granted the petition for review, finding that petitioner’s California conviction for witness tampering was not a categorical crime involving moral turpitude, because the offense is overly broad and not a categorical match to the generic definition of CIMT. (Duran v. Lynch, 1/20/17)
CA6 Finds Petitioner’s Ohio Conviction for Aggravated Assault Is a CIMT
The court denied the petition for review of the BIA's affirmance of the IJ's removal order, rejecting the petitioner’s argument that his 2012 conviction for aggravated assault in Ohio was not a crime involving moral turpitude. (Lovano v. Lynch, 1/20/17)
CA7 Remands Withholding of Removal Claim of HIV-Positive Petitioner from Honduras
The court found that IJ erred in suggesting that petitioner would be safe in Honduras if he kept secret his HIV status, and also that IJ overlooked key testimony that petitioner would be unable to hide his HIV status and would be persecuted in Honduras. (Velasquez-Banegas v. Lynch, 1/19/17)
BIA Holds Nevada Theft Not an Aggravated Felony Fraud Offense
Unpublished BIA decision holds that theft under Nev. Rev. Stat. 205.0832(1)(b) is not an aggravated felony under INA 101(a)(43)(M)(i) because it does not require fraud or deceit. Special thanks to IRAC. (Matter of Vasquez, 1/19/17)
BIA Administratively Closes Proceedings on Appeal of Denial of Motion to Reopen
Unpublished BIA decision upholds prior decision administratively closing proceedings during appeal of denial of motion to reopen and prohibiting DHS from removing respondent. Special thanks to IRAC. (Matter of Vallecillo-Castillo, 1/19/17)
BIA Orders Further Consideration of Motion to Reopen Sua Sponte
Unpublished BIA decision remands record for further consideration of motion to reopen sua sponte because IJ issued form order failing to address issues raised in the motion. Special thanks to IRAC. (Matter of Musah, 1/18/17)
BIA Rescinds In Absentia Due to Mistyped Address
Unpublished BIA decision rescinds in absentia order because the immigration court mistyped the name of respondent’s street and the hearing notice was returned as undeliverable. Special thanks to IRAC. (Matter of Avelar, 1/18/17)
CA9 Says “A Reason” Standard Should Apply to Claims for Withholding of Removal
The court granted the petition for review, holding that the BIA erred in applying the REAL ID Act’s “one central reason” nexus standard, rather than the less demanding “a reason” standard, to the petitioner’s application for withholding of removal. (Barajas-Romero v. Lynch, 1/18/17)