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
Court Again Rules Against Federal Government’s Efforts to Detain Children
AILA and the American Immigration Council commented on the Ninth Circuit Court of Appeals decision affirming that the Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama administration’s family detention practices violate that agreement.
CA9 Finds Serious Nonpolitical Crime Bar Rendered Salvadoran Congressman Deputy Ineligible for Asylum
The court denied a petition for review brought by a former Salvadoran professional soccer player and Salvadoran congressman’s deputy, holding that he was statutorily barred from asylum and withholding of removal relief under the serious nonpolitical crime bar. (Silva-Pereira v. Lynch, 7/7/16)
BIA Orders IJ To Consider Whether Respondent Is Admissible as B1/B2 Nonimmigrant
Unpublished BIA decision remands for IJ to consider whether respondent is admissible as B1/B2 nonimmigrant alien, notwithstanding that DHS cancelled his visa upon his arrival in the United States. Special thanks to IRAC. (Matter of Suarez, 7/7/16)
Enforcement Off the Rails
There's been a lot of news coverage of the ICE raids, of the aggressive tactics used to arrest vulnerable families at their homes and to arrest children on the way to school. But what hasn't received as much coverage is the damage that raids victims endure after their arrest. Some remain trapped in
BIA Reverses IJ For Preventing Witnesses From Testifying
Unpublished BIA decision holds that IJ should have permitted witnesses to testify in support of registry application notwithstanding failure to submit declarations or summaries of witness testimony. Special thanks to IRAC. (Matter of Galvan, 7/6/16)
CA9 Affirms That Family Detention Violates Flores Settlement Agreement
The court held that the Flores settlement agreement applies to both minors who are accompanied and unaccompanied by their parents, and that the lower court correctly refused to amend the agreement to accommodate family detention. (Flores v. Lynch, 7/6/16)
Immigration Law Advisor, May-June 2016 (Vol. 10, No. 4)
The May-June 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on developments in civil detention, as well as summaries of circuit court decisions from April and May 2016 and BIA precedent decisions.
Know Your Rights Information for Asylum Seekers
To help families and individuals who recently entered the United States seeking refuge from violence and persecution, AILA offers information in English and Spanish on rights and responsibilities throughout the asylum process. Special thanks to Laura Lichter.
CA1 Finds Petitioner Failed to Satisfy Derivative Citizenship Statute Criteria
The court held that petitioner did not satisfy the applicable statutory criteria for obtaining derivative citizenship in consequence of his mother’s naturalization, which were set forth in the derivative citizenship statute in effect at the time he was still a minor. (Thomas v. Lynch, 7/5/16)
CA11 Finds It Lacks Jurisdiction to Review BIA’s Denial of Motion for Sua Sponte Reopening
The court held that it lacked jurisdiction to review the BIA’s denial of petitioner’s motion for sua sponte reopening, because petitioner had not raised any constitutional claims. (Butka v. Att'y Gen., 7/5/16)
BIA Chastises DHS in Reopening Proceedings Sua Sponte
Unpublished BIA decision reopens proceedings sua sponte based on approval of visa petition and states that numerous objections raised in DHS opposition were based on inaccurate assertions. Special thanks to IRAC. (Matter of Awaye, 7/1/16)
DOJ OIL July 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for July 2016, with articles on Shuti v. Lynch and EOIR’s proposed rule that would establish procedures for reopening cases based on ineffective assistance of counsel, as well as summaries of circuit court decisions for July 2016.
BIA Notes DHS Concession That Pennsylvania Offense Is Not an Aggravated Felony
Unpublished BIA decision remands record following concession by DHS that possession of marijuana with intent to deliver under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony under Moncrieffe v. Holder. Special thanks to IRAC. (Matter of Stewart, 6/30/16)
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)