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 Virginia Drug Schedules Overbroad Under Categorical Approach
Unpublished BIA decision holds that Virginia drug schedules are overbroad under categorical approach because they contain substances not listed on the federal schedule, and remands to consider whether statutes are divisible. Special thanks to IRAC. (Matter of Lee, 9/30/16)
Resources on Class Action Lawsuit on Behalf of Immigrant Detainees with Mental Disabilities
Resources related to Franco-Gonzalez v. Holder, the class action lawsuit brought on behalf of immigrant detainees with mental disabilities.
BIA Holds That Respondent’s Convictions for Retail Theft and Unsworn Falsification to Authorities in Pennsylvania Are CIMTs
The BIA held that the respondent’s convictions for retail theft and unsworn falsification to authorities in Pennsylvania were crimes involving moral turpitude (CIMTs) that rendered him inadmissible under INA §212(a)(2)(A)(i)(I). Matter of Jurado, 24 I&N Dec. 29 (BIA 2006)
AILA Notes from SCOPS Teleconference (9/28/16)
AILA notes from a teleconference with SCOPS on 9/28/16. Topics include premium processing cases, EAD renewals, DACA approval notices, the refugee admissions program and P-2 direct access for I-130 beneficiaries, and I-130 step-child petition RFEs.
American Immigration Council Special Report: Access to Counsel in Immigration Court
The American Immigration Council issued a special report that presents the results of the first national study of access to counsel in U.S. immigration courts with data from over 1.2 million deportation cases decided between 2007 and 2012.
BIA Clarifies Two Prior Decisions in Matter of Chairez
The BIA held that because the Utah statute under which respondent was convicted was not divisible as to the mens rea necessary for the offense to be a crime of violence, respondent was not removable as an alien convicted of an aggravated felony. Matter of Chairez, 26 I&N Dec. 819 (BIA 2016)
Senate Democrats Urge DHS To Release Children and Mothers in Detention
On 9/27/16, a group of senators urged DHS Secretary Jeh Johnson to release families that have been detained for prolonged periods at Berks County Residential Center in Pennsylvania, unless there is compelling evidence that they pose a specific public safety or flight risk.
Senators Call on DHS to Ensure Proper Review Process of Private Immigration Detention
On 9/26/16, twelve U.S. senators urged DHS Secretary Johnson to ensure that the review process of DHS’s use of private immigration detention centers be transparent and include input from outside experts. The senators also shared their concerns of the inadequate conditions of detention facilities.
AILA Comments on EOIR Proposed Rule Establishing Procedures for Motions to Reopen Based on Ineffective Assistance of Counsel Claims
AILA’s comments submitted on 9/26/16 in response to the DOJ notice of proposed rulemaking to amend EOIR regulations to establish procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based upon a claim of ineffective assistance of counsel.
EOIR Swears in 15 Immigration Judges
EOIR announced the investiture of 15 new immigration judges. Attorney General Loretta Lynch appointed judges for courts in California, Florida, Arizona, Colorado, Georgia, Nebraska, Illinois, New York, Massachusetts, Utah, and Oregon.
BIA Rescinds In Absentia Order In Light of Economic Difficulties
Unpublished BIA decision finds failure to appear was the result of exceptional circumstances where respondent had lost his job, his home was in foreclosure, and his wife was experiencing health problems. Special thanks to IRAC. (Matter of Herrera Huerta, 9/26/16)
BIA Says Federal Conviction for Criminal Copyright Infringement Is a CIMT
The BIA held that an offense of criminal copyright infringement in violation of 17 USC §506(a)(1)(A) and 18 USC §2319(b)(1) is a crime involving moral turpitude. Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016)
CA1 Upholds Adverse Credibility Determination and Denial of Asylum to Haitian Petitioner
The court upheld the denial of the Haitian petitioner’s asylum claim, finding that substantial evidence supported the BIA’s affirmance of the IJ’s finding that the petitioner’s testimony was not credible. (Legal v. Lynch, 9/23/16)
USCIS Message: How to Inquire About Your DACA Renewal Request
USCIS message stating that it makes every effort to adjudicate DACA renewal requests within 120 days, and outlining several ways to inquire about DACA renewal requests pending for more than 105 days.
Statement by DHS Secretary Jeh Johnson on Directive to Resume Regular Removals to Haiti
Statement by DHS Secretary Jeh Johnson regarding his directive on 9/21/16 that, effective immediately, immigration enforcement decisions with respect to Haitian nationals should be consistent with standard practice. Haitian nationals currently covered by TPS are unaffected by this change in policy.
AILA: Government’s Plan to Resume Haitian Removals Could Endanger Asylum Seekers and Vulnerable Immigrants
AILA expressed serious concerns about the decision by DHS and ICE to resume regular deportations of Haitians; AILA President Bill Stock noted that “the decision to recommence removals to Haiti is impossible to reconcile with recent official recognition of the ongoing humanitarian crisis there.”
CA11 Says Florida Conviction for Abuse of an Elderly Person or Disabled Adult Is Categorically a CIMT
The court held that the petitioner’s conviction for abuse of an elderly person or disabled adult in Florida categorically qualified as a crime involving moral turpitude, and thus upheld the finding that petitioner was ineligible for relief from removal. (Gelin v. Att'y Gen., 9/22/16)
ICE Statement to House Judiciary Committee on Oversight of ICE
Statement of ICE Director Sarah Saldaña for a hearing on oversight of ICE before the House Committee on the Judiciary, including information on ICE use of private detention facilities.
CA9 Finds Petitioner Who Supported Alleged Terrorist Organization Is Eligible for Withholding of Removal
The court reversed the BIA’s denial of withholding of removal to the Indonesian petitioner, concluding that substantial evidence did not support its determination that the organization petitioner supported, Jemaah Muslim Attaqwa, engaged in terrorist activities. (Budiono v. Lynch, 9/21/16)
EOIR Announces New Chief Immigration Judge
EOIR announced that Attorney General Loretta Lynch has appointed MaryBeth Keller to the position of chief immigration judge. In this capacity, Judge Keller is responsible for overseeing the administration of EOIR’s 58 immigration courts across the United States.
CA3 Says It Has Jurisdiction to Review Petition Where BIA Reissued Decisions and Orders
The court held that because the BIA's reissued decisions and orders did not alter the challenged decisions and orders, it had jurisdiction over the petition to review. On the merits, the court upheld the denial of the petitioners’ asylum applications. (Ordonez-Tevalan v. Att’y Gen., 6/23/16)
BIA Remands Record Due to Delay in Forwarding Record on Appeal
Unpublished BIA decision remands the record due to the passage of time where the respondent was ordered removed in 1987 but the record on appeal was only recently received. Special thanks to IRAC. (Matter of Gonzalez-Lopez, 9/21/16)
CA1 Finds Petitioner Deliberately and Voluntarily Used a Fraudulent Japanese Passport to Gain Entry into U.S.
The court upheld the determinations of two IJs and the BIA that the petitioner, a native and citizen of China who misrepresented himself as a Japanese citizen and national, was removable because he had procured an immigration benefit through willful misrepresentation. (Li v. Lynch, 9/20/16)
White House Fact Sheet on the Leaders’ Summit on Refugees
The White House released a fact sheet on the Leaders’ Summit on Refugees hosted on 9/20/16 in New York by President Obama and UN Secretary General Ban Ki-Moon as well as leaders from Canada, Ethiopia, Germany, Jordan, Mexico, and Sweden.
CA9 Finds District Court Lacked Jurisdiction to Consider Right-to-Counsel Claims Brought by Unaccompanied Minors
In a class action brought by unaccompanied minors alleging that they have due process and statutory rights to appointed counsel in immigration proceedings, the court found no jurisdiction to consider the minors’ constitutional and statutory claims. (J.E. F.M. v. Lynch, 9/20/16)