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
CA6 Finds Petitioner Did Not Prove He Entered the U.S. Without Inspection
The court held that petitioner, a citizen of India who initially claimed that he entered with a visitor visa and later claimed that he entered without inspection, failed to prove his manner of entry into the U.S. pursuant to INA §245’s eligibility requirement. (Patel v. Lynch, 6/30/16)
BIA Says IJs May Implement Safeguards in Cases Involving Issues of Mental Competency
The BIA held that, in cases involving issues of mental competency, an Immigration Judge (IJ) has the discretion to select and implement appropriate safeguards, which the Board of Immigration Appeals reviews de novo. Matter of M-J-K-, 26 I&N Dec. 773 (BIA 2016)
CA2 Says NY Child Pornography Conviction Is an Aggravated Felony
The court upheld the BIA, holding that the petitioner's conviction for possession of child pornography in New York constituted an aggravated felony under the INA. (Weiland v. Lynch, 6/29/16)
CA7 Finds Adverse Credibility Finding Was Based on Illusory or Immaterial Inconsistencies
The court granted the petition for review, holding that the BIA’s adverse credibility finding was flawed because several of the perceived inconsistencies were illusory, and the actual inconsistencies were either immaterial or trivial. (Yuan v. Lynch, 6/28/16)
BIA Finds Waiver of Appeal Not Knowing and Intelligent
Unpublished BIA decision finds waiver of appeal not knowing and intelligent because it was made following an assertion by DHS attorney that respondent was ineligible for asylum and because IJ made no further inquiry. Special thanks to IRAC. (Matter of A-M-G-B-, 6/28/16)
BIA Reverses Finding of Inadmissibility Under Vartelas
Unpublished BIA decision reverses finding of inadmissibility against returning LPR under INA 212(a)(2)(B) because convictions occurred prior to IIRIRA and thus did not apply retroactively under Vartelas v. Holder. Special thanks to IRAC. (Matter of Elizondo Gonzalez, 6/27/16)
EOIR Swears in 15 Immigration Judges
EOIR announced the investiture of 15 immigration judges (IJs). Attorney General Loretta E. Lynch appointed judges for courts in California, Pennsylvania, Texas, Missouri, and Colorado.
BIA Says Noncitizen Who Gives False Testimony Before IJ to Obtain Benefits Can’t Establish Good Moral Character
The BIA held that a noncitizen cannot establish good moral character if, during the relevant period, he or she gives false testimony under oath in proceedings before an IJ with the subjective intent of obtaining immigration benefits. Matter of Gomez-Beltran, 26 I&N Dec. 765 (BIA 2016)
CA8 Upholds Denial of Asylum to Kenyan Kikuyu Ethnic Group Member
The court upheld the denial of asylum, finding that substantial evidence supported the IJ’s and BIA’s conclusion that the petitioner did not suffer persecution on account of his political opinion, religion, or membership in a particular social group. (Ngugi v. Lynch, 6/27/16)
Report on Increased U.S. Detention of Asylum Seekers
Human Rights First released a report that examines the increase in asylum seekers held in U.S. immigration detention facilities, and makes recommendations to the Obama administration and Congress on how to improve policies and ensure compliance with human rights and refugee protection commitments.
CRS Report: FAQs Regarding the Supreme Court’s 4-4 Split on Immigration
A CRS Legal Sidebar provides answers to frequently asked questions regarding the effects of the Supreme Court’s 4-4 decision in United States v. Texas.
Supreme Court Rules on Use of Categorical and Modified Categorical Approach
The U.S. Supreme Court held that when a statute lists alternative factual scenarios, the statute is not divisible, and the modified categorical approach does not apply, unless those facts are actual elements of distinct crimes. (Mathis v. United States, 6/23/16)
CA3 Says PA Conviction for Possession with Intent to Manufacture or Deliver Cocaine Is an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s Pennsylvania conviction for possession with intent to manufacture or deliver cocaine constituted an aggravated felony under the INA. (Bedolla-Avila v. Lynch, 6/23/16)
CA3 Says Petitioner’s PA Cocaine Charge Resulted in “Conviction” Under the INA
The court held that the record from petitioner’s Pennsylvania controlled substance case established his plea, the court’s findings, the sentence, and adjudication, and thus a formal judgment of guilt was entered, establishing his conviction under the INA. (Frias-Camilo v. Att'y Gen., 6/23/16)
Supreme Court Affirms Fifth Circuit’s Decision in United States v. Texas
An equally divided U.S. Supreme Court affirmed the Fifth Circuit's decision, effectively upholding the lower court’s injunction halting the expansion of the DACA program and the creation of the new DAPA program. (United States v. Texas, 6/23/16)
AILA: Divided Supreme Court Leaves Millions of Immigrant Families in Limbo
AILA responded to the Supreme Court’s 4-4 deadlock in United States v. Texas with AILA Executive Director Benjamin Johnson noting, “Though today’s decision is disappointing, we must remember that this is not the end of the road for these incredibly important programs.”
AILA Member Talking Points on SCOTUS United States v. Texas Deadlock
AILA members can use these Talking Points with media when asked about the U.S. Supreme Court deadlock in United States v. Texas.
Fact Sheet on EOIR’S Fraud and Abuse Prevention Program
EOIR provided a fact sheet on its Fraud and Abuse Prevention Program. The goal of the program is to protect the integrity of EOIR’s removal proceedings.
CA8 Finds IJ’s Adverse Credibility Determination Was Supported by Cogent Reasons
The court denied the petition for review, finding that the IJ and BIA’s negative findings regarding petitioner’s credibility were supported by specific, cogent reasons and that substantial evidence supported the denial of asylum and CAT claims. (Arevalo-Cortez v. Lynch, 7/22/16)
CA1 Upholds IJ’s Denial of Discretionary Relief under NACARA
The court dismissed the petition for review for lack of jurisdiction, finding that the petitioner’s challenge to the underlying discretionary denial of relief under Section 203 of NACARA failed to raise a colorable legal or constitutional claim. (Lima v. Lynch, 6/21/16)
BIA Solicits Amicus Briefs on Commitments to Mental Health Facilities
The BIA invites interested members of the public to file amicus curiae briefs on whether a respondent who has been committed to a mental health treatment facility is “detain[ed] . . . in custody” or “release[d]” within the meaning of 8 CFR §1236.1(d)(1). Briefs are due by 7/21/16.
BIA Says Bond Not Required for Voluntary Departure Under Safeguards
Unpublished BIA decision holds that IJ erroneously required posting of $500 bond for detained respondent granted voluntary departure under safeguard. Special thanks to IRAC. (Matter of Ivarra, 6/20/16)
Empty Benches: Underfunding of Immigration Courts Undermines Justice
AIC report analyzing the shortage of immigration judges in the U.S. immigration system. Congress has increased enforcement funding exponentially, yet has not provided the immigration courts commensurate funding and the resulting backlog has led to serious adverse consequences.
BIA Finds Prior Attorneys Provided Ineffective Assistance By Failing to Investigate Eligibility for Cancellation of Removal
Unpublished BIA decision finds that respondent’s two prior attorneys failed to adequately investigate whether she satisfied the seven-year continuous residence requirement necessary to apply for cancellation of removal. Special thanks to IRAC. (Matter of Lopez, 6/17/16)
CA6 Finds USCIS’s Denial of Adjustment Application Was Final Agency Action Under APA
The court reversed the district court, holding that where no removal proceedings are pending, USCIS’s denial of an application for adjustment of status under INA §209 marks the consummation of the agency’s decision-making process. (Hosseini v. Johnson, et al., 6/17/16)