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
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)
S.3241: Refugee Protection Act of 2016
On July 14, 2016, Senators Patrick Leahy (D-VT), Dick Durbin (D-IL), Al Franken (D-MN) and Mazie Hirono (D-HI) 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.
AILA FAQs on Supreme Court’s Ruling in U.S. v. Texas
AILA’s FAQs (updated on 8/3/16) on the Supreme Court’s ruling in United States v. Texas provide an explanation of the Court’s ruling, the impact it will have on millions of immigrant families waiting to apply for DAPA and DACA+, and predictions of what will happen next in the legal case.
BIA Upholds IJ’s Denial of Bond to Syrian Citizen Pursuant to INA §236(a)
The BIA held that, in determining whether a noncitizen presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an IJ should consider both direct and circumstantial evidence of dangerousness. Matter of Fatahi, 26 I&N Dec. 791 (BIA)
DHS Announces Expansion of Initiatives to Address Central American Migration Challenges
DHS announces new initiatives to aid Central American refugees including a protection transfer arrangement with UNHCR and Internal Organization for Migration (IOM), an in-country refugee referral program, and expansion of the existing Central American Minors program.
DOS Announces Expansion of Initiatives to Address Central American Migration Challenges
DOS announces new initiatives to aid Central American refugees including a protection transfer arrangement with UNHCR and Internal Organization for Migration (IOM), an in-country refugee referral program, and expansion of the existing Central American Minors program.
Barriers to Protection: The Treatment of Asylum Seekers in Expedited Removal
On 8/2/16, the U.S. Commission on International Religious Freedom released a new report, which found serious flaws in the treatment of asylum seekers, and highlighted the harmful impact that detention has on asylum seekers, especially children.
EOIR Swears in 5 Immigration Judges
EOIR announced the investiture of five immigration judges (IJs). Attorney General Loretta E. Lynch appointed judges for courts in Texas, Illinois, Pennsylvania, and New Jersey.
CA3 Finds IJs Lack Jurisdiction to Adjudicate Requests for Waivers of Inadmissibility for U Visas
The court denied the petition for review, holding that the IJ lacked jurisdiction to consider the petitioner’s request for a waiver of inadmissibility regarding his U visa application. (Sunday v. Att'y Gen, 8/1/16)
CA9 Reopens Removal Proceedings Based on Changed Country Conditions in Indonesia
The court held that the BIA improperly evaluated the petitioner’s submission of newly available, material evidence of changed country conditions in Indonesia, particularly in light of the petitioner’s conversion to Catholicism following his 2006 hearing. (Salim v. Lynch, 8/1/16)
CA9 Says California Conviction for Attempted Criminal Threats Is an Aggravated Felony
The court denied the petition for review, finding that petitioner’s conviction for attempted criminal threats under California law was categorically a crime of violence and an aggravated felony, and thus that he was ineligible for cancellation of removal. (Arellano Hernandez v. Lynch, 8/1/16)
Court Rejects Government Attempt to Categorically Redact Names of IJs
AILA President William A. Stock hailed an appellate court ruling in a FOIA lawsuit against EOIR, saying “This case has always been about ensuring that any allegations of misconduct are addressed in a meaningful way and that judges are held accountable for their actions.”
EOIR Releases Certain Criminal Charge Completion Statistics
EOIR released statistics on the average amount of time from receipt of a removal case in immigration court to the date of the case’s initial completion including information related to specific charges of removability from 1999 through 2015.