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
CA11 Says Theft by Taking in Georgia Is Not an Aggravated Felony
The court held that petitioner’s conviction for theft by taking in violation of Georgia law was not an aggravated felony theft offense under the INA, because the offense does not contain the without consent element required for the generic definition of theft. (Vassell v. Att'y Gen., 6/13/16)
CA9 Finds BIA’s Decision Not to Reopen Sua Sponte Was Based on Legally Erroneous Premise
The court granted in part the petition for review, holding that BIA based its decision not to reopen proceedings sua sponte on an erroneous understanding of the relationship between prior deportation, reopening of proceedings, and INA §212(c) relief eligibility. (Bonilla v. Lynch, 7/12/16)
CA6 Upholds Denial of Asylum to Citizen of Zimbabwe Based on Adverse Credibility Determination
The court upheld the BIA’s denial of asylum to petitioner, a citizen of Zimbabwe, finding that important factual inconsistencies between the petitioner’s asylum application and her testimony supported an adverse credibility determination. (Marikasi v. Lynch, 10/20/16)
CA9 Upholds BIA’s Interpretation of INA §240A(b) as Reasonable
The court held that the BIA reasonably interpreted INA §240A(b)(1)(D) to require that a noncitizen applying for cancellation of removal must establish hardship to a qualifying relative as of the time the IJ adjudicates the application. (Mendez-Garcia v. Lynch, 10/20/16)
AILA’s Hostile Jurisdictions Working Group Issues Its Recommendation
AILA’s Hostile Jurisdictions Working Group issued a video to accompany its recommendations for a STOPLIGHT tool to measure the health of immigration adjudication ecosystems.
CA5 Upholds Denial of Indian Petitioner’s Untimely Motion to Reopen
The court upheld the BIA’s denial of the petitioner’s untimely motion to reopen, finding that DOS’s 2012 Country Report for India did not describe a change in country conditions that were materially different than those in place at the time he was ordered removed. (Singh v. Lynch, 10/20/16)
Shining a Light on Domestic Violence to Assist Immigrant Victims
October is Domestic Violence Awareness Month, which is intended to shine a light on the human right to be free from violence, ensure that all victims of domestic violence know they are not alone, and foster supportive communities that help survivors seek justice. In the United States, twenty people
AILA and the American Immigration Council File Amicus Brief with the BIA on “Wave Through” Entry
AILA, the American Immigration Council, the University of Houston Law Center Immigration Clinic, and other organizations filed an amicus brief with the BIA on whether a “wave through” entry constitutes an admission in “any status” under INA §240A(a)(2). (Matter of ___, 10/19/16)
DHS Notice of Privacy Act Update on "011 Immigration and Enforcement Operational Records (ENFORCE)" System of Records
DHS notice that it proposes to update, rename, and reissue a current system of records titled “DHS/U.S. Immigration and Customs Enforcement (ICE)–011 Immigration and Enforcement Operational Records (ENFORCE)” system of records. (81 FR 72080, 10/19/16)
BIA Holds California Second Degree Robbery Not Categorially an Aggravated Felony
Unpublished BIA decision holds that second degree robbery under Cal. Penal Code 211 is not an aggravated felony theft offense under the categorical approach and remands to consider whether statute is divisible. Special thanks to IRAC. (Matter of Pena, 10/19/16)
BIA Remands Following Submission of U Visa Certification
Unpublished BIA decision grants motion to remand in light of submission on appeal of signed law enforcement certification and submission of U visa petition with USCIS. Special thanks to IRAC. (Matter of Martinez, 10/19/16)
TRAC Report Finds Many Unrepresented Families Quickly Ordered Deported
This TRAC report finds that 27,015 cases on the immigration court’s “rocket docket” involving unrepresented “adults with children” have been decided by IJs since July 2014. In 43.4 percent of these cases, the unrepresented families were ordered deported at the initial master calendar hearing.
BIA Asserts Collateral Estoppel In Dismissing Ground of Removability
Unpublished BIA decision holds that IJ was collaterally estopped from finding respondent inadmissible under INA 212(a)(2)(C) because issue was previously litigated before a prior appeal to the Board. Special thanks to IRAC. (Matter of Leon, 10/18/16)
GAO Report: CBP Contracting for Transportation and Guard Services for Detainees
The U.S. Government Accountability Office (GAO) released a report on how CBP manages its current transportation services contract for the transportation and guard services of detainees encountered at the southwest border.
AILA and AIC Comments on Proposed International Entrepreneur Rule
Comments submitted by AILA and the American Immigration Council in response to the DHS’s proposed “International Entrepreneur Rule,” published in the Federal Register on August 31, 2016.
Statement by DHS Secretary Johnson on Southwest Border Security
DHS released a statement by Secretary Johnson with FY2016 statistics on southwest border apprehensions. Total apprehensions by the Border Patrol increased from FY2015 and Central Americans apprehended on the southern border outnumbered Mexicans. Also includes summary of other immigration actions.
BIA Holds Pennsylvania Aggravated Assault Not Crime of Violence
Unpublished BIA decision holds that first degree felony aggravated assault under 18 Pa. Const. Stat. 2702(a) is not an aggravated felony crime of violence under the categorical approach. Special thanks to IRAC. (Matter of Johnson, 10/17/16)
CA8 Remands to BIA for Consideration of Petitioner’s Administrative Closure Request
After finding it has jurisdiction to review denials of motions for administrative closure, the court held that BIA abused its discretion by failing to address petitioner’s request that BIA exercise its independent authority to grant administrative closure. (Gonzalez-Vega v. Lynch, 10/14/16)
BIA Remand In Absentia Order Where Respondent Went to Wrong Courtroom
Unpublished BIA decision orders further consideration of motion to rescind in absentia order where attorney proffered that he and respondent appeared for hearing but went to wrong courtroom. Special thanks to IRAC. (Matter of Garcia-Nava, 10/13/16)
Sign-On Letter Urging President Obama to Protect Central American Refugees
On 10/12/16, AILA along with all the participants of “The US Response to Central American Refugees” shadow summit held 9/20/16 in New York made recommendations to the President on how to increase protection for Central American refugees.
CA9 to Rehear En Banc Case Involving Constitutionality of “Habitual Drunkard” Bar to Good Moral Character
By a vote of a majority of nonrecused active judges, the court ordered that Ledezma-Cosino v. Lynch, originally decided by a three-judge panel of the Ninth Circuit on 3/24/16, be reheard en banc. (Ledezma-Cosino v. Lynch, 10/12/16)
BIA Issues New Decision in Matter of Silva-Trevino
The BIA concluded that the categorical and modified categorical approaches provide the proper framework for determining when a conviction is for a crime involving moral turpitude. Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016)
DHS Statement by Secretary Johnson on Removals to Haiti
DHS issued a statement from Secretary Johnson that in light of Hurricane Mathew, removal flights to Haiti have been suspended temporarily. But DHS intends to resume those flights as soon as possible. The 9/22/16 policy change regarding removals of Haitian nationals remains in effect.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/16 and ending 12/31/16, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.31 per centum per annum. (81 FR 70487, 10/12/16)
Family Detention During Obama Administration
Resources related to the Obama administration’s family detention policy and conditions.