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 Solicits Amicus Briefs on the Material Support Bar
The BIA is looking for amicus curiae briefs on the question of whether the word “material” in INA §212(a)(3)(B)(iv)(VI) has an independent meaning and assuming there is a de minimis exception to the material support bar, does that exception apply to contributions of money. Briefs are due by 2/8/17.
CA5 Says Arkansas Controlled Substance Statute Is Divisible
The court held that the Arkansas statute under which the petitioner was convicted for manufacturing, delivering, or possessing with the intent to manufacture or deliver a controlled substance is divisible under Mathis v. United States. (Flores-Larrazola v. Lynch, 1/6/17)
BIA Hold California Battery Statute Not a CIMT
Unpublished BIA decision held that battery under Cal. Penal Code 242 is not a CIMT because it requires neither force capable of hurting or causing injury nor violence. Special thanks to IRAC. (Matter of Cruz, 1/6/17)
CA7 Upholds Denial of Asylum to Liberian Citizen Alleged to Have Provided Material Support to Terrorist Organization
The court held that BIA and IJ did not err in finding they lacked jurisdiction to consider petitioner’s §13 application for adjustment, and found that BIA did not err in concluding that petitioner provided material support to a terrorist organization in Liberia. (Jabateh v. Lynch, 1/5/17)
BIA Solicits Amicus Briefs on Whether “Misprision of a Felony” Is a CIMT
The BIA is seeking amicus briefs on whether the offense of misprision of a felony under 18 USC §4 is categorically a CIMT and if the application of Matter of Robles-Urrea would be impermissibly retroactive to convictions for acts committed prior to the decision. Briefs are due by 2/6/17.
BIA Rescinds in Absentia Order Against Respondent Who Arrived 30 Minutes Late
Unpublished BIA decision rescinds in absentia order upon finding respondent did not fail to appear by arriving 30 minutes late due to delay with bus. Special thanks to IRAC. (Matter of Fu, 1/5/17)
CA8 Affirms Denial of Motion to Reopen After Finding Petitioner Failed to Establish Changed Country Conditions in Guatemala
The court concluded that the petitioner’s claim that there was increased violence in Guatemala was not sufficient to establish a material change in country conditions in Guatemala that would warrant reopening of his removal proceedings. (Villatoro-Ochoa v. Lynch, 1/4/17)
CA1 Finds Substantial Evidence Supported BIA’s Reliance on Asylum Applicant’s DHS Interview
The court held that substantial evidence supported the adverse credibility determination, finding that BIA and IJ did not err in relying on petitioner’s DHS Interview, during which petitioner omitted any mention of past persecution or a fear of future persecution. (Xian Jing v. Lynch, 1/4/17)
BIA Finds Michigan Statute Not an Aggravated Felony Involving Child Pornography
Unpublished BIA decision holds that Mich. Comp. Laws 750.145c(4) is not an aggravated felony involving child pornography because it does not require perpetrators to know the persons in the images are minors. Special thanks to IRAC. (Matter of Mandujano, 1/4/17)
CA7 Reverses Finding That Petitioner’s Asylum Application Was Frivolous
The court found that substantial evidence supported the IJ’s and BIA’s conclusions that the petitioner was not credible, but held that substantial evidence did not support a finding that petitioner deliberately fabricated material elements of his asylum application. (Wang v. Lynch, 1/3/17)
CA7 Reverses Denial of Asylum to Petitioner Who Claimed She Suffered Persecution Under China’s Family Planning Policies
The court found that the IJ failed to make a finding as to whether the Chinese petitioner actually had at least one forced abortion in China, which would have automatically entitled her to a rebuttable presumption of a well-founded fear of future persecution. (Xiang v. Lynch, 1/3/17)
Practice Alert: Communicating with Local ICE Office of Chief Counsel
AILA’s ICE Liaison Committee provides a practice alert explaining how AILA members should follow up if they experience a lack of access or resistance when communicating with ICE OCC attorneys.
DHS Releases Statistics on FY2016
DHS released its end of FY2016 statistics on the department’s immigration enforcement efforts. In FY2016, DHS apprehended 530,250 individuals nationwide and conducted a total of 450,954 removals and returns.
Immigration Law Advisor, December 2016 (Vol. 10, No. 9)
The December 2016 issue of Immigration Law Advisor includes an article on what Johnson v. United States might mean for the INA’s crime of violence aggravated felony provision, as well as summaries of circuit court decisions from November 2016 and BIA precedent decisions.
DHS Releases the Annual Flow Report on Immigration Enforcement for 2016
DHS stated that its immigration enforcement components adhered to the priorities set forth in Secretary Johnson’s 11/20/14 memo with 98% of initial enforcement actions during FY2016 involving individuals who were classified within one of the three enforcement priority categories.
DHS Releases the Annual Flow Report on Immigration Enforcement for 2015
DHS stated that its immigration enforcement components adhered to the priorities set forth in Secretary Johnson’s 11/20/14 memo with 97% of initial enforcement actions during FY2015 involving individuals who were classified within one of the three enforcement priority categories.
CBP Releases its Border Security Report for FY2016
CBP released a report on border security during FY2016, with total apprehensions by Border Patrol equaling 415,817. In FY2016, 59,757 unaccompanied children and 77,857 family units were apprehended. Report notes that CBP purchased 87 body-worn or vehicle-mounted cameras at the end of FY2016.
Secretary Johnson Letter to the Congress on Safeguarding DACA Applicant Information
DHS Secretary Johnson sent a 12/30/16 letter to Congress regarding the use of personal identifying info of DACA applicants, stating, “DHS has consistently made clear that information… would be safeguarded from other immigration-related purposes…these representations… must continue to be honored.”
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)
Georgia State Court Finds DACA Students Can Pay In-State Tuition in Georgia
The court ordered members of the University System of Georgia’s Board of Regents to apply the federal definition of “lawful presence” as it relates to students who are DACA recipients and to grant them in-state tuition status. Special thanks to Charles Kuck. (Hernandez v. Alford, 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.
CA9 Upholds Denial of Asylum to Mongolian Whistleblower
Applying the three-factor framework of Matter of N–M–, the court denied the petition brought by a Mongolian citizen who sought asylum and other relief based on his whistleblowing of corruption by a privately-owned former employer. (Lkhagvasuren v. Lynch, 7/13/16, amended 12/30/16)
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)