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
CA1 Upholds Finding That Honduran Asylum Applicant Failed to Submit Adequate Corroborating Evidence
The court denied the petition for review, holding that the asylum applicant petitioner, a Honduran national, failed to submit readily available corroborating evidence, and thus did not carry his burden of proving eligibility for relief. (Rivera-Coca v. Lynch, 12/30/16)
CA7 Finds Petitioner Failed to Exhaust Administrative Remedies Where IJ Did Not Advise Him of Voluntary Departure
The court denied the petition for review, holding that petitioner failed to exhaust his administrative remedies, because his pro se appeal to the BIA did not raise the argument that the IJ had failed to inform him of the possibility of voluntary departure. (Chavarria-Reyes v. Lynch, 12/30/16)
FY2016 ICE Enforcement and Removal Operations Report
ICE released a report summarizing ICE’s Enforcement and Removal Operations (ERO) FY2016 removal activities. ICE conducted more removals in FY2016 than in FY2015 due to a combination of increased state and local cooperation through PEP and increased border interdictions by CBP.
BIA Remands Record Because IJ Failed to Address Request for Administrative Closure
Unpublished BIA decision remands record because IJ issued summary order of removal without addressing respondent’s request for administrative closure. Special thanks to IRAC. (Matter of Antiveros, 12/30/16)
BIA Holds California Fleeing Peace Officer Not a CIMT
Unpublished BIA decision holds that fleeing or eluding a pursuing peace officer under Cal. Veh. Code 2800.2 is not a CIMT. Special thanks to IRAC. (Matter of Phan, 12/30/16)
BIA Says Crime of Perjury Is An Aggravated Felony
The BIA concluded that the crime of perjury in violation of section 118(a) of the California Penal Code is categorically an offense relating to perjury under section 101(a)(43)(S) of the INA and therefore is an aggravated felony. Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016)
A Guide to Assisting Asylum-Seekers with In Absentia Removal Orders
The Asylum Seeker Advocacy Project (ASAP) at the Urban Justice Center and CLINIC prepared a guide on Motions to Rescind and Reopen for advocates working to prevent the deportation of families who crossed the U.S.-Mexico border seeking asylum and have been ordered removed in absentia by an IJ.
BIA Finds NTA That Respondent Never Received Does Not Trigger Stop-Time Rule
Unpublished BIA decision holds that period of continuous physical presence was not stopped by service of an NTA that respondent never received as reflected by subsequent rescission of in absentia order of removal. Special thanks to IRAC. (Matter of Lucero, 12/27/16)
BIA Orders SIJS Case Heard by New IJ on Remand
Unpublished BIA decision holds that IJ denied respondent the opportunity to request continuance to seek SIJS and orders case to be heard by different IJ due to concerns about the fairness of the proceedings. Special thanks to IRAC. (Matter of W-L-A-M-, 12/23/16)
S. 3542: Bar Removal of Immigrants Who Dream and Grow the Economy
On 12/9/16, Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), Jeff Flake (R-AZ), and Chuck Schumer (D-NY) introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy," or BRIDGE Act.
BIA Rescinds in Absentia Order Due to Lack of EOIR-28
Unpublished BIA decision rescinds an in absentia order because the record did not contain an entry of appearance from the attorney who received the hearing notice. Special thanks to IRAC. (Matter of Rafati, 12/22/16)
BIA Holds Iowa Domestic Abuse Statute Not a CIMT
Unpublished BIA decision holds that domestic abuse assault under Iowa Code 708.2A(4) is not a CIMT because it criminalizes any physical contact that is insulting or offensive. Special thanks to IRAC. (Matter of Perez, 12/22/16)
We Cannot Turn Away from Mesa Verde
Immigration and Customs Enforcement (ICE) policies force hundreds of asylum seekers into detention in the Central Valley, one of the most rural parts of California. In March 2015, ICE contracted with GEO Group, a private prison company, to re-open the Mesa Verde Detention Facility in Bakersfield, Ca
BIA Holds Minor Not Subject to Consequences of Voluntary Departure Bar
Unpublished BIA decision holds that respondent who was granted voluntary departure at age nine not subject to 10-year bar because she did not understand consequences of failing to depart and was unable to depart on her own. Special thanks to IRAC. (Matter of E-R-, 12/21/16)
EOIR Announces New YouTube Channel
EOIR announced that it established a YouTube channel to offer its stakeholders another medium in which to acquire information about its policies and programs. EOIR’s website will continue to the agency’s primary source of information online.
EOIR Announces Final Rule on the Recognition of Organizations and Accreditation of Non-Attorney Representatives
EOIR published a final rule, effective 1/18/17, amending the regulations governing the requirements and procedures for authorizing representatives of nonprofit religious, charitable, social service, or similar organizations to represent persons in proceedings before EOIR and DHS.
BIA Finds Pennsylvania Criminal Mischief Not a CIMT
Unpublished BIA decision holds that criminal mischief under 18 Pa. Cons. Stat. 3304(a)(5) is not a CIMT despite intent requirement because prosecutors need not establish any minimum level of damage. Special thanks to IRAC. (Matter of Majok, 12/20/16)
BIA Equitably Tolls MTR Deadline by 16 Years
Unpublished BIA decision equitably tolls deadline to file motion to reopen decision issued in 2000 upon finding prior attorney failed to advise respondent of eligibility to apply for LPR cancellation. Special thanks to IRAC. (Matter of Del Fierro-Garcia, 12/19/16)
EOIR Final Rule on Recognition of Organizations and Accreditation of Non-Attorney Representatives
EOIR final rule on requirements and procedures for authorizing representatives of nonprofit religious, charitable, social service, or similar organizations to represent persons before EOIR and DHS and on EOIR's disciplinary procedures. The rule is effective 1/18/17. (81 FR 92346, 12/19/16)
CA1 Upholds Denial of Motion to Suppress Evidence Obtained from ICE’s Arrest of Petitioner
The court upheld the BIA’s affirmance of the IJ’s denial of the petitioner’s motion to suppress, finding that he did not present a prima facie case that the search and seizure leading to his arrest amounted to an egregious violation of the Fourth Amendment. (Corado-Arriaza v. Lynch, 12/19/16)
CA3 Finds IJ and BIA Impermissibly Speculated About Reasons Underlying Vacatur of Petitioner’s Conviction
The court granted the petition for review where the conviction that served as a basis for petitioner’s removal had been vacated, and the Notice of Removal did not specify his participation in a deferred adjudication program as a basis for removal. (Rodriguez v. Attorney General, 12/19/16)
BIA Vacates IJ Decision to Give DHS Another Opportunity to Effect Proper Service
The BIA held that where DHS seeks to re-serve a respondent to effect proper service of an NTA that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of W-A-F-C-, 26 I&N Dec. 880 (BIA 2016)
AIM: Families Detained in Berks
In December's AILA Interview of the Month, CarolAnne Donohoe, one of the leaders of the pro bono efforts helping families at the Berks County Residential Center where mothers and children have been held for up to 15 months, shares her experiences from Berks.
Practice Alert: I-212 Filing Location for Prospective Provisional Waiver Applicants
Following reports from members that some USCIS Field Offices were rejecting I-212 applications for prospective provisional waiver applicants, USCIS confirmed that these applications should be filed at the USCIS Field Office with jurisdiction over the applicant’s current place of residence.
American Immigration Council Fact Sheet: Aggravated Felonies
The American Immigration Council provides a fact sheet with an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.”