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
DOJ Issued a Fact Sheet on EOIR’s Office of Legal Access Programs
DOJ provides a fact sheet on EOIR’s Office of Legal Access Programs (OLAP), including information about the Legal Orientation Program (LOP), the BIA Pro Bono Project, Model Hearing Program, and many others.
CBP Issues Memo on e-Signature Standard Operating Procedures
CBP issued a memo announcing that the Office of Field Operations is expanding the Digital Acquired Signature aka e-Signature.
USCIS Notice of Extension of Comment Period for Form I-191 Revision
USCIS 30-day notice of extension of the comment period for the proposed revision of Form I-191. The new form name will be Application for Relief under Former Section 212(c) of the Immigration and Nationality Act. Comments are now due by 8/29/16. (81 FR 50000, 7/29/16)
D.C. Circuit Says Names of IJs Cannot Be Redacted as a Blanket Matter
The court remanded to the district court for a more individualized inquiry into whether the names of IJs should be released, finding that the privacy interests of IJs do not outweigh the public interest in disclosure as a blanket matter. (AILA v. EOIR, 7/29/16)
CA2 Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Eligible for Bond
The court affirmed the district court, holding that individuals with reinstated orders of removal and in withholding-only proceedings are eligible for bond. (Guerra v. Shanahan et al., 7/29/16)
CA5 Finds Motions to Reopen Can Be Equitably Tolled
The court held that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanded for the BIA to determine if equitable tolling was appropriate in the petitioner's case. (Lugo-Resendez v. Lynch, 7/28/16)
DHS OIG Completes Three Rounds of Unannounced Random Inspections of CBP and ICE Detention Facilities
The DHS Office of Inspector General announced that it has completed three rounds of an ongoing program of unannounced inspections of CBP and ICE detention facilities. The inspection program, announced on 3/15/16, is in response to concerns regarding conditions for people in CBP and ICE custody.
EOIR Proposed Rule Establishing Procedures for Motions to Reopen Based on Ineffective Assistance of Counsel Claims
DOJ notice of proposed rulemaking to amend EOIR regulations to establish procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based upon a claim of ineffective assistance of counsel. Comments are due by 9/26/16. (81 FR 49556, 7/28/16)
BIA Says INA §212(a)(6)(C)(ii)(I) Includes False Claim to U.S. Citizenship to Avoid Removal Proceedings
The BIA held that a false claim to U.S. citizenship falls within INA §212(a)(6)(C)(ii)(I) where the claim was made with the intent of obtaining a benefit or purpose, including avoiding removal proceedings, under the INA or federal or state law. Matter of Richmond, 26 I&N Dec. 776 (BIA 2016)
CA9 Says Federal Conviction for Trafficking in Counterfeit Goods Is Not an Aggravated Felony
The court reversed and remanded, holding that a conviction for trafficking in counterfeit goods in violation of 18 USC §2320(a) is not an aggravated felony under INA §101(a)(43)(M)(i), because it does not necessarily involve fraud or deceit. (Wang v. Rodriguez, 7/27/16)
USCIS Message: Deferred Action for Childhood Arrivals Is Still Available
USCIS reminder that the Supreme Court's 6/23/16 decision in United States v. Texas does not affect the existing 2012 policy regarding DACA. Individuals who meet the 2012 DACA guidelines may continue to file an initial or renewal request for DACA under those guidelines.
On-the-Record White House Press Call on Central American Refugee Processing
Press call with officials from DOS, DHS, and the National Security Council announcing new initiatives to aid Central American refugees, including a protection transfer arrangement with UNHCR and IOM, an in-country refugee referral program, and expansion of the existing CAM program.
AILA: U.S. Expands Protection for Refugees South of U.S. Border But Continues Harsh Treatment of Asylum Seekers at the Border
AILA welcomed the Obama administration’s announcement expanding opportunities for refugees in El Salvador, Guatemala, and Honduras to seek protection, but continued to challenge the White House to stop the aggressive enforcement, detention, and deportation of asylum seekers arriving at U.S. borders.
BIA Grants Asylum to Bangladeshi Persecuted By Awami League
Unpublished BIA decision holds that asylum applicant suffered past persecution and that the government of Bangladesh would be unable to protect him from members of the Awami League. Special thanks to IRAC. (Matter of H-B-, 7/26/16)
BIA Grants Interlocutory Appeal Challenging Denial of Change of Venue
Unpublished BIA decision grants interlocutory appeal challenging the denial of a motion to change venue from Orlando where respondent’s attorney was located in New Orleans and cases of mother and sister were docketed in New Orleans. Special thanks to IRAC. (Matter of M-S-L-R-, 7/25/16)
CRS Report: What Does the Supreme Court’s 4-4 Split in Texas Mean for Future Executive Action as to Immigration
A CRS Legal Sidebar report discusses how the Supreme Court’s 4-4 split in United States v. Texas might affect the ability of the president to issue executive actions on immigration in the future.
CA1 Upholds Denial of Asylum to Guatemalan Who Claimed He Would Be Tortured if Removed
The court upheld the denial of the asylum claim of petitioner, who claimed both past persecution and fear of future persecution on account of his anti-gang political opinion and his membership in a particular social group. (Alvizures-Gomes v. Lynch, 7/21/16)
OIG Report: ICE Still Struggles to Hire and Retain Staff for Mental Health Cases in Immigration Detention
DHS Office of Inspector General (OIG) released a report assessing ICE’s progress on recommendations made in OIG’s March 2011 report, Management of Mental Health Cases in Immigration Detention. OIG will continue monitoring the issue of care to ICE detainees with mental health conditions.
TRAC Report Finds Criminal Prosecutions for Illegal Entry Up, Re-Entry Down
A TRAC report found that, during the first eight months of FY2016, the government reported 25,680 new criminal prosecutions for illegal entry, and 20,628 new criminal prosecutions for illegal re-entry.
TRAC Report Finds Immigration Backlog Still Rising Despite New Judge Investitures
A TRAC report found that the number of cases awaiting resolution before the Immigration Courts climbed to a new all-time high of 496,704 as of the end of June 2016. This is up from 456,216 at the beginning of FY2016, and up from 408,037 at the beginning of FY2015.
CA8 Upholds DHS’s Denial of Petitioner’s Motion to Reopen and Rescind Reinstated Removal Order
The court held that substantial evidence supported DHS’s decision to reinstate the petitioner’s prior order of removal, and that the petitioner failed to provide sufficient evidence establishing that he complied with his grant of voluntary departure. (Perez-Garcia v. Lynch, 7/19/16)
CA9 Grants Motion to Submit New Evidence Under “Prison Mailbox” Rule
The court granted petitioner’s motion asking it to exercise its discretion to consider new evidence not filed with his petition for review, which showed that the petition was timely filed because it complied with the conditions of the “prison mailbox” rule. (Barrientos v. Lynch, 7/19/16)
BIA Finds Exceptional Circumstances Exist to Reopen Removal Proceedings
Unpublished BIA decision reopens proceedings after an in absentia removal order was issued, finding that an exceptional situation had been demonstrated warranting reopening to allow respondent an opportunity to apply for relief from removal. Courtesy of Ann Wennerstrom. (Matter of –, 7/19/16)
BIA Reopens and Terminates Proceedings Sua Sponte Following Vacatur of Criminal Conviction
Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition following vacatur of criminal conviction under Cal. Penal Code 1016.5 because respondent was not advised of immigration consequences of plea. Special thanks to IRAC. (Matter of Ramos, 7/19/16)
BIA Rescinds In Absentia Order Due to Confusion Over Date of Hearing
Unpublished BIA decision rescinds in absentia order under totality of the circumstances because respondent confused date of his removal hearing with date of his ICE check-in. Special thanks to IRAC. (Matter of Conejo, 7/19/16)