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
CA4 Says BIA Did Not Abuse Its Discretion in Denying Equitable Tolling
The court concluded that the BIA acted within its discretion in denying the petitioner’s request to equitably toll the 90-day statutory deadline to file a motion to reopen, and that it lacked jurisdiction to review the BIA’s decision to deny sua sponte reopening. (Lawrence v. Lynch, 6/17/16)
CA8 Upholds Denial of Asylum to Guatemalan Mother and Her Minor Sons
The court upheld BIA’s denial of asylum, finding that petitioners, a Guatemalan mother and her minor sons, failed to establish past persecution or to show a well-founded fear of future persecution on the basis of their family membership. (Garcia-Milian v. Lynch, 6/17/16)
BIA Orders Further Consideration of Particular Social Group
Unpublished BIA decision reverses adverse credibility finding and orders further consideration of asylum application based on particular social group consisting of “witnesses of criminal conduct committed by Guatemalan police.” Special thanks to IRAC. (Matter of E-D-R-, 6/17/16)
Sign-On Letter on Immigration Raids and Other Enforcement Actions Against Central American
On 6/16/16, more than 156 organizations joined AILA in urging DHS Secretary Jeh Johnson and Attorney General Loretta Lynch to stop using aggressive tactics against Central Americans, especially families and children, and to ensure due process before an individual is deported.
DHS OIG Report on the Release of Jean Jacques from ICE Custody
DHS Office of Inspector General (OIG) issued a report on the circumstances by which Jean Jacques, a Haitian national previously convicted of attempted murder and subject to a final order of removal, was released from ICE custody and killed another individual while on release.
BIA Says Arizona Shoplifting Not a CIMT
Unpublished BIA decision holds shoplifting under Ariz. Rev. Stat. 13-1805 is not a crime involving moral turpitude because it does not require an intent to permanently deprive the owner of property. Special thanks to IRAC. (Matter of Carlos-Solis, 6/16/16)
BIA Finds Evidence of Marriage Fraud Not Sufficiently Reliable
Unpublished BIA decision finds that evidence of marriage fraud was impermissibly unreliable where notes from USCIS officer were unauthenticated and written statement from prior spouse did not address bona fides of the marriage. Special thanks to IRAC. (Matter of Joda, 6/15/16)
CA11 Outlines Approach for Determining When a Detained Criminal Noncitizen Must Receive a Bond Hearing
The court held that INA §236(c) contains an implicit temporal limitation against the unreasonably prolonged detention of criminal noncitizens without an individualized bond hearing, and outlined a way to determine when detention becomes unreasonably protracted. (Sopo v. Att'y Gen., 6/15/16)
Due Process Denied: Central Americans Seeking Asylum and Legal Protection in the United States
In this report, AILA makes recommendations to restore due process for the thousands of Central American children, families, and single adults who are seeking asylum and legal protection at our border from grave and life-threating violence that has plagued the Northern Triangle region.
CARA Shares Update on Recent ICE Actions Targeting Central American Families
CARA shares new details about Central American families targeted by ICE enforcement actions for deportation. The cases show that the U.S. government is denying due process and meaningful opportunities to seek asylum or other legal protection; many families have claims that have never been heard.
AILA Details Necessary Steps to Guarantee Due Process to Refugees and Asylum Seekers
In a statement highlighting the release of AILA’s new Due Process Denied report, AILA President Victor Nieblas Pradis noted, “The response thus far from the Obama Administration to the refugee situation in Central America has been abysmal...We can, and must, do better than this.”
AILA Quicktake #168: Due Process Denied
AILA's Director of Advocacy Greg Chen shares details from AILA's report on the due process violations Central Americans are experiencing as they seek protection in the United States.
Law Student Perspective: Supreme Court to Review Obama’s Executive Actions on Immigration
Lauren Berkowitz and AILA member Jonathan Grode discuss the impending U.S. Supreme Court decision in United States v. Texas, a politically charged case that raises important questions about the scope of the President’s authority to enforce U.S. immigration laws.
TRAC Report Finds Odds of Being Ordered Deported in Immigration Court Have Fallen
A TRAC report found that, so far in FY2016, the odds that a noncitizen will be ordered deported by an immigration judge have fallen to 42.4 percent, which is the lowest level since at least FY1998, according to the most recent data available from the Immigration Court.
CA3 Says Special Courts-Martial Convictions Constitute Aggravated Felonies Under the INA
The court dismissed the petition for review for lack of jurisdiction, finding that convictions by special courts-martial are convictions for purposes of INA §101(a)(48)(A), and that petitioner was removable for having committed an aggravated felony (Gourzong v. Att'y Gen., 6/14/16)
CA9 Grants Rehearing En Banc in Case Involving HIV-Positive Asylum Seeker from Mexico
The court granted rehearing en banc to revisit its prior decision upholding BIA's denial of asylum, withholding of removal, and CAT relief to petitioner, a citizen of Mexico who had sought relief based on his sexual orientation and HIV-positive status. (Bringas-Rodriguez v. Lynch, 6/14/16)
BIA Finds EWI Not Inadmissible Due to Subsequent Parole From Within Country
Unpublished BIA decision holds that respondent who entered the country without inspection before being paroled to testify in criminal prosecution was not inadmissible under INA 212(a)(6)(A)(i) nor ineligible to adjust status under INA 245(a). Special thanks to IRAC. (Matter of Mora, 6/14/16)
BIA Says Respondent with PTSD Established Extraordinary Circumstances for Delay in Filing Asylum Application
Unpublished BIA decision finds that the IJ erred in concluding that respondent, whose PTSD was repeatedly triggered and exacerbated, did not demonstrate extraordinary circumstances sufficient to excuse the one-year asylum filing deadline. Courtesy of Ann Wennerstrom. (Matter of –, 6/14/16)
DHS CRCL FY2015 Annual Report to Congress
DHS CRCL FY2015 Annual Report to Congress detailing CRCL’s priorities and activities in FY2015, including preventing terrorism and enhancing security, securing and managing U.S. borders, and enforcing and administering U.S. immigration laws.
CA1 Upholds Denial of Chinese Asylum Applicants’ Second Motion to Reopen
The court denied the petition for review, concluding that the BIA did not abuse its discretion in holding that the petitioners failed to make an adequate showing of a material change in country circumstances, and thus that their second motion to reopen was time-barred. (Chen v. Lynch, 6/9/16)
CA3 Says PA Conviction for Making Terroristic Threats Is Categorically a Crime Involving Moral Turpitude
The court held that petitioner’s Pennsylvania conviction for making terroristic threats was categorically a crime of moral turpitude, because a threat communicated with a specific intent to terrorize is an act “accompanied by a vicious motive or a corrupt mind.” (Javier v. Att'y Gen, 6/9/16)
BIA Finds There Is No Duress Exception to the “Material Support Bar”
The BIA held that the “material support bar” in INA §212(a)(3)(B)(iv)(VI) does not include an implied exception for a noncitizen who has provided material support to a terrorist organization under duress. Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)
BIA Solicits Amicus Briefs on Definition of “Minor” for Exception to One-Year Asylum Deadline
The BIA invites interested members of the public to file amicus curiae briefs on the definition of the term “minor” for purposes of establishing “extraordinary circumstances” that would constitute an exception to the one-year filing deadline for asylum applications. Briefs are due by 7/11/16.
BIA Reverses Denial of Unopposed Motion to Terminate Based on Post-Conviction Relief
Unpublished BIA decision reverses denial of unopposed motion to terminate where both parties agreed that vacatur of criminal conviction was based on ineffective assistance of the respondent’s criminal attorney. Special thanks to IRAC. (Matter of Palmer, 6/9/16)
CA5 Says BIA Failed to Consider All Relevant Evidence Concerning Whether Petitioner Received Notice
The court granted the petition for review and remanded, holding that because the BIA concluded that petitioner failed to rebut the presumption of notice without considering all relevant evidence, it abused its discretion in denying the motion to reopen. (Torres Hernandez v. Lynch, 6/8/16)