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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA3 Affirms Dismissal of Habeas Petitions of 28 Detained Central American Mothers
The court affirmed the district court’s order dismissing the petitioners’ habeas petitions for lack of subject-matter jurisdiction, and found that noncitizens seeking initial admission cannot invoke the U.S. Constitution’s Suspension Clause. (Castro, et al. v. DHS, et al., 8/29/16)
Statement by Secretary Johnson on Establishing a Review of Privatized Immigration Detention
Statement by DHS Secretary Jeh Johnson regarding his 08/26/16 direction to the Homeland Security Advisory Council to evaluate whether ICE detention operations should follow the lead of DOJ, which announced on 08/18/16 that it will be reducing and ultimately ending its use of private prisons.
EOIR Announces Creation of Information Helpdesks
EOIR announced the creation of the Immigration Court Helpdesk Program, which is intended to orient non-detained individuals appearing before the immigration court on the removal hearing process and to inform them about possible remedies and legal resources.
CA6 Says Solicitation of Prostitution Is a CIMT
The court denied the petition for review, holding that the petitioner’s conviction for solicitation of prostitution was a crime involving moral turpitude. (Reyes v. Lynch, 8/26/16)
CA8 Finds Three Fraud Counts of Conviction Warranted Aggregation in Calculating Victim Loss
The court held that the petitioner's three fraud counts of conviction were part of a sufficiently interrelated fraud to warrant aggregation, whether or not the criminal complaint included an express allegation of conspiracy or scheme to defraud. (Sokpa-Anku v. Lynch, 8/26/16)
DACA Recipient Challenges Nationwide Scope of DAPA/DACA+ Injunction
A DACA recipient filed a complaint challenging DHS’s revocation of his employment authorization and seeking to exempt New York residents from Texas Judge Andrew Hanen’s injunction against President Obama’s executive actions on immigration. (Batalla Vidal v. Baran, et al., 8/25/16)
CA7 Upholds BIA’s Discretionary Denial of Section 212(h) Waiver
The court denied the petition for review, finding that the BIA made no legal error in reversing the IJ’s grant of a Section 212(h) waiver to the petitioner, who lost his LPR status and was rendered inadmissible after he committed an aggravated felony. (Cisneros v. Lynch, 8/25/16)
CA9 Says Expunged State Conviction Remains a Conviction for Adjustment and Cancellation Purposes
The court denied the petition for review, finding that the petitioner’s expunged state conviction for violating a controlled substance law was still a conviction for purposes of eligibility for adjustment of status and cancellation of removal. (Reyes v. Lynch, 8/25/16)
CA5 Says BIA Remand Solely for Voluntary Departure Proceedings Is Final for Judicial Review Purposes
The court denied the motion to dismiss for lack of jurisdiction, holding that a BIA decision that resolves the merits of an appeal but remands for further proceedings as to voluntary departure is a final order of removal for purposes of judicial review. (Holguin-Mendoza v. Lynch, 8/25/16)
CA1 Upholds Denial of Asylum to Pentecostal Citizen of Eritrea
The court upheld the denial of asylum to the petitioner, who claimed she was persecuted in Eritrea because of her Pentecostal faith, holding that a reasonable factfinder would not be compelled on the record to conclude she met her burden of proving past persecution. (Bahta v. Lynch, 8/24/16)
CA7 Upholds Denial of Asylum Member of Ata Meken Party from to Kyrgyzstan
The court found that the BIA’s denial of asylum to the petitioner, who claimed that he faced persecution for his political activism as a member of the youth wing of the Ata Meken party in his native Kyrgyzstan, was supported by substantial evidence. (Santashbekov v. Lynch, 8/24/16)
CA7 Remands Where BIA Found Falsely Using SSN to Work Was CIMT
Where the BIA found that petitioner’s conviction for falsely using a social security number to work was a crime involving moral turpitude, the court remanded to the BIA to consider petitioner's case under an appropriate legal framework for judging moral turpitude. (Arias v. Lynch, 8/24/16)
CA7 Says “Mexican Nationals Perceived as Wealthy After Returning from United States” Is Not a PSG
The court upheld the denial of withholding of removal to petitioner, finding that BIA properly found his proposed social group of “Mexican nationals who have lived in the U.S. for many years and are perceived as wealthy upon returning to Mexico” was not cognizable. (Salgado v. Lynch, 8/24/16)
AILA Notes from SCOPS Teleconference (8/24/16)
AILA notes from a teleconference with SCOPS on 8/24/16. Topics include I-612 waivers, asylee and refugee adjustment, hardship/persecution waivers for clinical physicians, signature requirements, cases at the Potomac Service Center, ELIS, and defensive asylum application receipts.
BIA Equitably Tolls Motion to Reopen Deadline To Submit Additional Evidence
Unpublished BIA decision reverses denial of motion to reopen, finding equitable tolling of deadline was warranted for submission of additional evidence outside of 90-day period. Special thanks to IRAC. (Matter of Dauphin, 8/24/16)
BIA Rescinds In Absentia Order In Light of Erroneous Denial of Motions to Appear Telephonically and Change Venue
Unpublished BIA decision rescinds in absentia order where DHS had not opposed motion to appear telephonically and IJ waited until day before hearing to deny motion to change venue. Special thanks to IRAC. (Matter of Galimidi, 8/24/16)
BIA Recognizes PSG of Honduran Women Unable to Leave Domestic Relationship
In this unpublished decision, the Board of Immigration Appeals (BIA) held that “Honduran women unable to leave a domestic relationship” is a cognizable particular social group. Special thanks to IRAC. (Matter of I-M-E-G-, 8/23/16)
BIA Holds Virginia Unlawful Wounding Does Not Require Use of Force
Unpublished BIA decision finds hold unlawful wounding under Va. Code 18.2-51 not a crime of violence under 18 U.S.C. 16(a) because it applies to actions (e.g., poisoning) that do not require use of force. Special thanks to IRAC. (Matter of Lambert, 8/23/16)
CA1 Finds Threats Against Petitioner by His Father's Killer Were Motivated by Personal Dispute
The court upheld the denial of asylum and withholding of removal, finding that the threats made against the Guatemalan petitioner by his father’s killer were motivated not by an enumerated statutory ground for relief, but instead by a personal dispute. (Marín-Portillo v. Lynch, 8/23/16)
CA9 Remands Matter of Ortega-Lopez to Determine if Cockfighting Is a CIMT
The court remanded for the BIA to consider Nunez v. Holder’s language regarding a “protected class of victim” as it applies to the case, finding that petitioner’s conviction for cockfighting appears outside the normal realm of crimes of moral turpitude. (Ortega-Lopez v. Lynch, 8/23/16)
AILA Amicus Brief to BIA on Detention in the Context of Mental Health Commitment
The AILA Amicus Committee filed an amicus brief with the BIA, addressing the meanings of “detention” and “release” as they relate to mental health commitment.
CA5 Says INA §212(a)(7) Does Not Apply to Adjustment of Status Applicant Admitted as Nonimmigrant
The court granted the petition for review, holding that the documentation requirements of INA §212(a)(7) do not apply to an individual who was previously validly admitted as a nonimmigrant, is residing in the United States, and applies for adjustment of status. (Marques v. Lynch, 8/19/16)
CA9 Holds INA §242(b)(2)’s Venue Provision Is Not Jurisdictional
The court denied the government’s motion to transfer the case to the Eleventh Circuit, holding that the venue provision in INA §242(b)(2) is not jurisdictional, and thus that the petition for review properly fell under the Ninth Circuit’s judicial authority. (Bibiano v. Lynch, 8/19/16)
UNHCR Report: Beyond Detention (Baseline Report)
This is the first of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Baseline Report provides data on the detention situation in 12 focus countries (including the United States) as of the end of 2013.
UNHCR Report: Beyond Detention (Progress Report Mid-2016)
This is the second of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Progress Report reviews the first two years of the Global Strategy’s implementation and presents the progress achieved for 12 focus countries, including the United States.