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
AILA Urges DHS to Follow DOJ Lead and End Use of Private Prisons
In light of the Department of Justice’s announcement that it will sharply scale back the use of private prisons, AILA President Bill Stock urged the Department of Homeland Security to follow suit, saying “there is no justification for continuing their use in the immigration system.”
DOJ Memo: Reducing Our Use of Private Prisons
DOJ issued a memo to the Federal Bureau of Prisons calling for the reduction, and ultimately the ending, of the use of privately operated prisons and directing that as each contract ends, the Bureau should either decline to renew or substantially reduce the scope of the contract.
BIA Orders Further Consideration of Narcotics Trafficking Allegation
Unpublished BIA decision orders further consideration of inadmissibility under INA 212(a)(2)(C) of respondent given lack of evidence in record from criminal trial and failure of jury to convict over drug charges. Special thanks to IRAC. (Matter of Espinoza Leon, 8/17/16)
CA7 Upholds Withholding of Removal and CAT Denials to Bisexual Citizen of Jamaica
The court held that substantial evidence supported the IJ’s conclusion that the petitioner, a 51‐year‐old citizen of Jamaica who asserted a fear of persecution and torture in Jamaica based upon his claimed bisexuality, did not credibly establish that he is bisexual. (Fuller v. Lynch, 8/17/16)
TRAC Report on Percentage of Individuals in Immigration Court Allowed to Stay in U.S.
This TRAC report discusses the percentage of individuals against whom DHS sought removal orders who were determined to be allowed to remain in the U.S. by an immigration judge in FY2016. Statistics are provided for each of the 55 immigration courts.
CA5 Finds Petitioner Ineligible for Asylum Under Firm-Resettlement Bar
The court upheld the denial of asylum, finding that substantial evidence supported the BIA’s finding that the petitioner, a citizen of Bolivia who moved to Mexico in 2005, failed to establish the applicability of an exception to the firm-resettlement bar. (Ramos Lara v. Lynch, 8/17/16)
BIA Reverses IJ’s Denial of Asylum to Nigerian Woman Who Feared FGM
Unpublished BIA decision reversed the IJ’s factual findings of “implausibility” and adverse credibility against the Nigerian respondent, who feared that her husband would force her to undergo female genital mutilation in Nigeria. Courtesy of Eric Singer. (Matter of Chinyelu, 8/17/16)
ICE Policy Memo on Identifying and Monitoring Pregnant Detainees
ICE policy memo entitled “Identification and Monitoring of Pregnant Detainees” consolidating existing guidance and setting forth additional procedures to ensure that pregnant women detained in ICE custody are identified, monitored, and housed in the most appropriate facility to manage their care.
ICE Director Saldaña Response to Sign-On Letter on Immigration Raids
On 8/12/16, ICE Director Sarah Saldaña responded to a June 2016 sign-on letter to DHS Secretary Jeh Johnson and Attorney General Loretta Lynch on the aggressive tactics against Central Americans.
AILA Indiana Chapter Files Amicus Brief in Case Involving Undocumented Worker’s Injury
AILA’s Indiana Chapter submitted an amicus brief with the Supreme Court of Indiana, arguing that the Court of Appeals’ opinion creates an unworkable evidentiary standard based on a misunderstanding of immigration law. Courtesy of Thomas Ruge. (Escamilla v. Shiel Sexton Company, Inc., 8/12/16)
As Detained Mothers Continue Hunger Strike, AILA Urges Administration to End Family Detention
Twenty-two mothers being held with their children for months in the Berks family detention center began a hunger strike this week; AILA President William A. Stock urged an end to family detention, noting, “These brave mothers are putting their health at risk to draw attention to injustice.”
TRAC Report Questions Linkage Between Law Enforcement Cooperation and ICE’s Apprehension Numbers
This TRAC report, based upon a review of individual detainer records, calls into question the assumed linkage between cooperation with ICE by state and local law enforcement agencies and ICE’s success in apprehending immigrants it seeks to deport.
CA7 Upholds CAT Denial to Seventh Day Adventist Citizen of Mexico
The court held that petitioner, a practicing Seventh Day Adventist who claimed he would be persecuted and forced to work for the Zetas gang if removed to Mexico, did not establish a clear probability that he would face persecution or torture upon his removal. (Lozano-Zuniga v. Lynch, 8/12/16)
CA7 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Finding
The held that substantial evidence supported the IJ’s conclusions that petitioner, a 52-year-old Chinese citizen who claimed that he feared forced sterilization under China’s one-child policy, was not credible, and that he did not adequately corroborate his account. (Yang v. Lynch, 8/12/16)
OIG Report: Review of the Federal Bureau of Prisons’ Monitoring of Contract Prisons
DHS Office of Inspector General released a report finding that, in most key areas, contract prisons incurred more safety and security incidents per capita than comparable Bureau of Prisons’ institutions, and that the agency needs to improve how it monitors contract prisons in several areas.
CA1 Upholds Denial of Asylum to Christian Chinese Petitioner
The court held that the BIA’s decision to affirm the IJ’s denial of asylum to petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence. (Qin v. Lynch, 8/10/16)
CA1 Says Salvadoran Women with Partners Who View Them as Property Is Not a Particular Social Group
The court held that the petitioner, whose proposed social group was defined as “Salvadoran women in intimate relationships with partners who view them as property,” failed to show that her PSG shared immutable characteristics and had social distinction. (Vega-Ayala v. Lynch, 8/10/16)
BIA Rescinds In Absentia Order In of Evidence of Vehicle Malfunction
Unpublished BIA decision rescinds in absentia order of removal in light of evidence submitted on appeal reflecting mechanical work on the vehicle that malfunctioned on the day of the respondent’s hearing. Special thanks to IRAC. (Matter of Lopez, 8/10/16)
TRAC Report Finds Reforms of ICE Detainer Program Largely Ignored by Field Officers
A TRAC report found that half of the detainers issued by ICE during the first two months of FY2016 targeted individuals who have no criminal record, which is up slightly from before DHS Secretary Johnson's 11/20/14 announcement of the Priority Enforcement Program.
BIA Rescinds In Absentia Order Against Respondent Advised to Rest By Doctor
Unpublished BIA decision rescinds in absentia in absentia order of removal in light of evidence that respondent saw a doctor on the day of his hearing and was advised to rest and given a prescription. Special thanks to IRAC. (Matter of Solis, 8/8/16)
BIA Holds Possession of Virtual Child Pornography Not an Aggravated Felony
Unpublished BIA decision holds that 18 USC 2252A is not an aggravated felony under INA 101(a)(43)(I) because it encompasses possession of child pornography involving virtual rather than actual minors. Special thanks to IRAC. (Matter of Franco-Lara, 8/4/16)
BIA Remands In Light of Translation Error Involving Spanish Expression
Unpublished BIA decision orders further consideration of case where the interpreter erroneously translated the Spanish expression “se me hizo facil” as “that it seemed easy” rather than “I didn’t really think about the consequences.” Special thanks to IRAC. (Matter of Hernandez, 8/4/16)
CA9 Says INA §236(c) Applies Only if ICE Detains Noncitizen Promptly After Release from Criminal Custody
The court held that, under the plain language of INA §236(c), the government may detain without a bond hearing only those noncitizens with criminal convictions it takes into immigration custody “promptly” upon their release from the triggering criminal custody. (Preap v. Johnson, 8/4/16)
H.R. 5851: Refugee Protection Act of 2016
On July 14, 2016, Representative Zoe Lofgren (D-CA) introduced the Refugee Protection Act of 2016, which includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
BIA Finds Interpreter’s Mistranslation Formed Basis of IJ’s Denial of Bond to Respondent
Unpublished BIA decision overturns IJ’s denial of respondent’s request for release on bond, finding that the IJ’s determination that respondent was a danger to the community was based on a mistranslation by the interpreter at his bond hearing. Courtesy of Nicolas Chavez. (Matter of –, 8/4/16)