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
CA9 Says There Is No Due Process Right to Counsel During Expedited Removal Proceedings
The court held that the defendant had no Fifth Amendment due process right to hire counsel in his expedited removal proceeding and that he was not prejudiced by the government’s failure to inform him of the possibility of withdrawal relief. (United States v. Peralta-Sanchez, 2/7/17)
CA7 Finds Petitioner’s Illinois Conviction for Violating a Domestic Protection Order Makes Him Ineligible for Cancellation of Removal
The court denied the petition for review, holding that the petitioner’s conviction for violating a domestic protection order in Illinois rendered him legally ineligible for cancellation of removal under the terms of INA §237(a)(2)(E)(ii). (Garcia-Hernandez v. Boente, 2/7/17)
H.R.921: Community Trust Act of 2017
On 2/7/17, Representative Zoe Lofgren (D-CA) introduced the Community Trust Act of 2017 (H.R. 921), which would prohibit the use of federal funds to enforce Executive Order 13768, entitled “Enhancing Public Safety in the Interior of the United States.” The bill is cosponsored by 26 Democrats.
BIA Holds Florida Manslaughter Is Not a Crime of Violence
Unpublished BIA decision holds that manslaughter under Fla. Stat. 782.07(1) not a crime of violence under 18 U.S.C. 16(b) because it does not involve a substantial risk that perpetrator will use force in committing offense. Special thanks to IRAC. (Matter of Joseph, 2/7/17)
EOIR Swears in Twelve Immigration Judges
EOIR announced the investiture of 12 new immigration judges, including Victoria L. Argumendo, Steven D. Caley, Ila C. Deiss, Delia I. Gonzalez, Deborah K. Goodwin, Stephanie E. Gorman, Richard A. Jamadar, Julie Nelson, Emmett D. Soper, Jem C. Sponzo, Arwen Ann Swink, and Veronica S. Villegas.
Practice Alert: What to Do If Clients are Asked to Relinquish Their Green Cards and Sign Form I-407, Abandonment of LPR Status
AILA’s CBP Liaison Committee alerts practitioners of the procedures to follow if clients are asked to relinquish their green cards and sign Form I-407, Abandonment of Legal Permanent Resident Status.
Documents Relating to Massachusetts Case Challenging Executive Order 13769
The court declined to impose any injunctive relief and did not renew the temporary restraining order that is set to expire on Sunday, February 5, 2017, that was entered on January 29, 2017. (Louhghalam v. Trump, 2/3/17)
American Immigration Council Fact Sheet: Expedited Removal
The American Immigration Council provides a fact sheet with a primer on expedited removal. President Trump’s January 25, 2017, executive order directs the Department of Homeland Security (DHS) to dramatically expand the use of “expedited removal.”
Board of Immigration Appeals Practice Manual (2/3/17)
The BIA provides an updated Practice Manual (updated on 2/3/17). This manual describes procedures, requirements, and recommendations for practice before the Board of Immigration Appeals.
BIA Finds Indiana Statute Not a Crime of Child Abuse
Unpublished BIA decision holds that engaging in or conducting performance harmful to minors under Ind. Code 35-49-3(a)(5) not a crime of child abuse because offense does not require presence of or create likelihood of harm to minor. Special thanks to IRAC. (Matter of Matzar Alvarado, 2/3/17)
BIA Holds Utah Conviction for Wrongful Appropriation Not an Aggravated Felony
Unpublished BIA decision holds conviction for wrongful appropriation under Utah Code Ann. 76-6-404.5 not an aggravated felony theft offense because record revealed respondent intended to temporarily use the property in question. Special thanks to IRAC. (Matter of Palau, 2/2/17)
CA7 Upholds Denial of Asylum to Ethiopian Petitioner Found to Have Knowingly Supported the OLF Terrorist Organization
The court held that the petitioner, who admitted to having provided material support to the OLF, did not demonstrate by clear and convincing evidence that she did not know, and should not reasonably have known, that the OLF was a terrorist organization. (S.A.B. v. Boente, 2/2/17)
BIA Solicits Amicus Briefs on Whether a CIMT Requires a Protected Class of Victims
The BIA is seeking amicus briefs on whether a crime involving moral turpitude requires a protected class of victims and, if so, whether animals may constitute a protected class of victims. Briefs are due by 3/6/17.
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)