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
Immigration Law Advisor, August 2016 (Vol. 10, No. 6)
The August 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on uncertainty regarding what constitutes “sexual abuse of a minor,” as well as summaries of circuit court decisions from August 2016 and BIA precedent decisions.
CA9 Finds It Lacks Jurisdiction to Review BIA’s Decision Following Remand to IJ for Voluntary Departure Advisals
The court held that it lacked jurisdiction to review the BIA’s decision following remand to an IJ for voluntary departure advisals, because petitioner did not file a petition for review within the 30-day period after the IJ’s decision as to the merits of his claims. (Singh v. Lynch, 9/1/16)
CA9 Upholds Regulation Precluding an Individual Subject to a Reinstated Removal Order from Applying for Asylum
The court found that the Attorney General’s regulation at 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, was reasonable, and hence entitled to deference under Chevron. (Perez-Guzman v. Lynch, 8/31/16)
What is Donald Trump’s Position on Immigration?
Why do we ask? And why particularly of Donald Trump and not Hillary Clinton? While the devil is always in the details, it is clear that Secretary Clinton has a more favorable view of immigration and has laid out a fairly clear strategy for how she would reform the current system. But the question
CA5 Finds Petitioner Did Not Meet INA §212(a)(9)(C)(ii)’s Exception to Inadmissibility
The court deferred to the BIA’s interpretation of INA §212(a)(9)(C)(ii) in Matter of Torres-Garcia, holding that petitioner did not met the section’s exception to inadmissibility, because he failed to remain outside the U.S. for ten years before returning. (Zermeno v. Lynch, 8/31/16)
CA7 Upholds Denial of Request for a Continuance to Adjustment of Status Applicant
The court held that BIA did not abuse its discretion in denying petitioner’s request for a continuance, which was made during the hearing he sought to be continued, and found that his entitlement to the relief he wanted to seek from USCIS was speculative at best. (Cadavedo v. Lynch, 8/31/16)
CA8 Remands for Petitioner to Present Evidence on Manner of Preparation of I-213 Documents
Noting that it would be fundamentally unfair to rely on I-213 documents as the only evidence that petitioner entered without inspection without giving him an opportunity to present evidence about their manner of preparation, the court remanded to the BIA. (Rodriguez-Quiroz v. Lynch, 8/31/16)
American Immigration Council Special Report: Divided by Detention
The American Immigration Council issued a special report that profiles five asylum-seeking families divided by detention. It provides a preliminary analysis of how this separation occurs, and the impact this separation can have on families’ well-being and ability to access humanitarian protection.
CSC PowerPoint Presentations from 8/31/16 Open House
The California Service Center (CSC) provided the PowerPoint presentations from its 8/31/16 open house, where updates were given on employment and family-based immigration, student issues, and DACA.
BIA Reverses Finding That Respondent Failed to Submit Fee for Relief Application
Unpublished BIA decision reverses finding that respondent failed to submit fee for cancellation application where respondent presented biometrics notice and proof that check accompanying the application was cashed. Special thanks to IRAC. (Matter of Ngo, 8/31/16)
BIA Reopens Proceedings Pending Adjudication of Asylum Application by USCIS
Unpublished BIA decision reopens and administratively closes proceedings sua sponte pending adjudication of asylum application by USCIS, noting that respondent was unaccompanied alien child at time of in absentia. Special thanks to IRAC. (Matter of B-A-P-J-, 8/31/16)
BIA Rescinds In Absentia Order Due to Missing Apartment Number
Unpublished BIA decision rescinds in absentia order because NTA was mailed to the respondent at an address that did not contain an internal apartment number. Special thanks to IRAC. (Matter of Hiraldo, 8/31/16)
CA9 Finds BIA Erred by Failing to Give Notice and Opportunity to Provide Corroborating Evidence
The court granted the petition for review of the BIA’s denial of asylum, holding that the IJ erred by failing to give the petitioner notice and an opportunity to explain any perceived inconsistencies or provide additional corroborative evidence. (Bhattarai v. Lynch, 8/30/16)
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)