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 Finds Bangladesh Nationality Party Not a Tier III Terrorist Organization
Unpublished BIA decision holds that Bangladesh Nationalist Party (BNP) is not a “Tier III” terrorist organization. Special thanks to IRAC. (Matter of S-I-B-, 12/16/16)
BIA Remands Record Due to Lack of IJ Advisals
Unpublished BIA decision remands record because IJ did not sufficiently advise respondents of availability of relief, make any forms available, or advise them of consequences of failing to seek relief. Special thanks to IRAC. (Matter of Leiva, 12/16/16)
IJ Terminates Proceedings Against Respondent Convicted of Assault in NY
An IJ terminated proceedings against a respondent convicted of assault. Counsel successfully argued that NY Penal Law Section 120.10(4), Assault in the First Degree, is not a crime of violence, and the motion went unopposed by DHS. Courtesy of Fausto Falzone.
BIA Says Conviction for Sale or Disposal of a Firearm to a Convicted Felon Is Not an Aggravated Felony
Unpublished BIA decision finds that a conviction for sale or disposal of a firearm to a convicted felon under 18 USC §922(d) (1) is not an aggravated felony under INA §101(a)(43)(B). Courtesy of David Vedder. (Matter of Gjergji, 12/15/16)
ICE ERO Directive on Assessment and Accommodations for Detainees with Disabilities
On 12/15/16, ICE Enforcement and Removal Operations (ERO) issued Directive 11071.1, which establishes policies and procedures to oversee and communicate with detention facilities on the identification, assessment, and accommodation of detainees with disabilities. Obtained via FOIA by CREEC.
AILA Notes from SCOPS Teleconference (12/14/16) (Updated 1/31/17)
AILA notes from a teleconference with SCOPS on 12/14/16. On 1/31/17, SCOPS provided an amended response to question 5, EAD Adjudications. This question focuses on I-765s affected by the new changes that went into effect on 1/17/17.
Immigration Policy Update: Senators Introduce Starkly Different Bills on DREAMers
AILA issued an immigration policy update to provide information on the BRIDGE Act (S. 3542) and the SAFE Act (S. 3546), two starkly different bills on DREAMers.
Immigration Court Practice Manual (Updated 12/14/16)
EOIR provides an updated Immigration Court Practice Manual (updated on 12/14/16). The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts.
TRAC Report Finds Denials of Asylum by IJs Continued to Rise in FY2016
This TRAC report found that, as of the end of September 2016, overall asylum denial rates for FY2016 had risen to 57 percent. The report also found that, over the last ten years, the unrepresented proportion of asylum cases decided had grown from 13 percent to 20 percent.
BIA Says an Untimely Asylum Application Can Be Found Frivolous Under INA §208(d)(6)
The BIA held that an untimely asylum application may be found frivolous, and concluded respondent’s asylum application was frivolous because he deliberately made a false statement postdating his date of entry into the U.S. by more than two years. Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016)
AILA Quicktake #184: AILA ICE Liaison Committee Update
AILA ICE Liaison Committee Chair Heather Prendergast provides updates from the committee’s 12/1/16 meeting with ICE and shares how the committee is preparing for the new administration.
CA1 Says IJ Has Jurisdiction to Examine Bona Fides of Marriage of Petitioner with Approved I-130 Petition
The court held that when USCIS has approved an I-130 visa petition based on a noncitizen’s marriage to a U.S. citizen, the immigration court, in a parallel removal proceeding, has jurisdiction to inquire into the bona fides of the anchoring marriage. (Chan v. Lynch, 12/13/16)
BIA Remands Because Replacement IJ Failed to State That He Familiarized Himself with Record
Unpublished BIA decision remands case because replacement IJ who signed decision failed to state that he familiarized himself with the record after hearing conduct by original IJ, as is required under 8 CFR 1240.1(b). Special thanks to IRAC. (Matter of V-R-, 12/13/16)
BIA Holds Arizona Statute Broader than Federal Schedule of Controlled Substances
Unpublished BIA decision holds that Ariz. Rev. Stat. 13-3407 is neither an aggravated felony nor a controlled substances offense because state definition of “dangerous drug” is broader than federal definition of “controlled substance.” Special thanks to IRAC. (Matter of Lopez, 12/12/16)
BIA Reopens Proceedings Sua Sponte, Holds Florida Theft Not a CIMT
Unpublished BIA decision reopens and terminates proceedings sua sponte against respondent ordered removed in 2009 upon finding theft under Fla. Stat. 812.014 is not a CIMT under intervening Supreme Court decision in Descamps. Special thanks to IRAC. (Matter of Hernandez, 12/27/16)
BIA Holds Federal Conversion Statute Not an Aggravated Felony
Unpublished BIA decision holds that conversion of public money under 18 U.S.C. 641 not an aggravated felony under INA 101(a)(43)(M)(i) because offense does not require fraud or deceit. Special thanks to IRAC. (Matter of Pazi-Alvarez, 12/12/16)
Money on the Table: The Economic Impact of Ending DACA
Report by the Immigrant Legal Resource Center (ILRC) estimating the fiscal cost of ending DACA over ten years. The calculations include the reductions in Social Security and Medicare contributions and the unnecessary turnover costs for businesses.
AILA Quicktake #183: BRIDGE and SAFE Acts
AILA's Director of Advocacy Greg Chen shares updates on the BRIDGE and SAFE Acts introduced in Congress on Friday and provides details on the continuing resolution passed to fund the federal government through April 28, 2017.
EOIR to Relocate Phoenix Immigration Court
EOIR announced that it will temporarily close its Phoenix Immigration Court on 12/15/16 to prepare for relocation. It will recommence hearings at its new location on 12/20/16. Notice includes contact information for the new location.
AILA Quicktake #182: Dispelling Rumors
As the Trump administration gears up for the transition, rumors about what could be in store for immigration have spread. AILA member Ian Wagreich shares a plan for determining fact from fiction.
Senator Flake’s Press Release on S. 3546: Securing Active and Fair Enforcement Act
On 12/9/16, Senator Jeff Flake (R-AZ) issued a press release introducing S. 3546: Securing Active and Fair Enforcement Act, or SAFE Act.
S. 3546: Securing Active and Fair Enforcement Act
On 12/9/16, Senator Jeff Flake (R-AZ) introduced the Securing Active and Fair Enforcement Act, or SAFE Act, (S. 3546), which pairs the language of the BRIDGE Act with harsh mandatory detention and rapid 90-day removal requirements for certain people.
Senator Graham and Senator Durbin’s Press Release on S. 3542: BRIDGE Act
On 12/9/16, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) issued a press release introducing S. 3542: Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act.
CARA Family Detention Project Lauds Ruling to Deny Child Care Licensing to Immigration Detention Centers
The CARA Family Detention Project highlights Texas Judge Karin Crump’s ruling that childcare licenses could not be issued for the Karnes City and Dilley, Texas, family detention centers. While the government has appealed her decision, the CARA project partners call for the end to family detention.
CBP Opens Temporary Holding Facility in Donna, Texas
CBP statement on the opening a temporary holding facility near the Donna-Rio Bravo International Bridge in Donna, Texas to provide additional capacity of up to 500 people for unaccompanied children and family units in CBP custody at ports of entry and U.S. Border stations in the area.