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
CA5 Finds Delaware Aggravated Menacing Conviction Is Crime of Violence Under U.S. Sentencing Guidelines
The court found that the district court did not err in applying a twelve-level enhancement under the United States Sentencing Guidelines Manual, holding that defendant’s 2004 Delaware conviction for aggravated menacing qualified as a crime of violence. (United States v. Ovalle-Chun, 4/15/16)
CA1 Says Six-Month Detention Pursuant to INA §236(c) Is Not Presumptively Unreasonable
The court rejected the petitioner's argument that INA §236(c) authorizes mandatory detention only up to six months, holding that an individualized review of mandatory detention cases is necessary in order to determine whether the detention has become unreasonable. (Reid v. Donelan, 4/13/16)
New Data on 637 Detention Facilities Used by ICE in FY2015
TRAC provided a report with an overview of ICE's custody system and on each detention facility. The database on which these reports are based using the stay-by-stay records from each detention facility that at least one individual entered, left, or stayed at during FY2015.
Oral Arguments in United States v. Texas
On Monday, April 18, 2016, the U.S. Supreme Court will hear oral arguments in United States v. Texas. Find information on the oral arguments and visiting the Supreme Court.
TRAC Report Analyzes Data on 637 Detention Facilities Used by ICE in FY2015
A TRAC report found that ICE released a total of 325,209 individuals from its custody in FY2015, 55% of whom were released for deportation. The total number of individuals "booked out" from 637 ICE detention facilities during FY2015 was 699,268; 374,059 of those were transferred among facilities.
Defending DAPA and Expanded DACA Before the Supreme Court: A Guide to United States v. Texas
The American Immigration Council provides a guide with brief answers to common questions about United States v. Texas, including what is at stake in the case, how the litigation began, what the contested issues are, and the impact the case may have on the United States.
CA6 Remands Petition of Mexican Citizen to BIA Solely for Reconsideration of Voluntary-Departure Determination
The court remanded the petition to the BIA for further consideration of its voluntary-departure determination, but upheld the BIA’s denial of the petitioner’s applications for withholding of removal and CAT relief. (Amezola-Garcia v. Lynch, 4/11/16)
BIA Reopens In Absentia Order in Light of Decisions Striking Down DOMA
Unpublished BIA decision reopens in absentia order sua sponte in light of intervening Supreme Court and BIA decisions removing the Defense of Marriage Act as a bar to the recognition of same-sex marriages. Special thanks to IRAC. (Matter of Alves-Leal, 4/8/16)
CA10 Upholds Asylum Denial Where Burmese Petitioner Claimed Persecution Based on Political Opinion
The court held that the BIA did not abuse its discretion in finding that petitioner, a Burmese citizen seeking relief based on persecution for his political opinions, was not credible, and that its discretionary decision to deny asylum was not arbitrary and capricious. (Htun v. Lynch, 4/8/16)
EOIR Releases FY2015 Statistics Yearbook
EOIR released its FY2015 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information.
CA7 Rejects Pro Se Petitioner's Argument That He Was Denied Representation by Counsel
The court held that the petitioner was afforded due process, because the IJ complied with INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to obtain representation. (Estrada-Hernandez v. Lynch, 4/8/16)
AILA DOS Liaison Q&As (4/7/16)
DOS responses to AILA/DOS liaison Q&As from 4/7/16 addressing questions relating to communicating with consular posts, visa revocation policy including DUI-related revocations, alien smuggling, Blanket L endorsement, annotation, and validity issues, NVC deficiency notices, and visa modernization.
Department of the Treasury Notice on Interest Rates for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/16 and ending 6/30/16, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.30 per centum per annum. (81 FR 20448, 4/7/16)
AILA/USCIS Field Operations Directorate Liaison Q&As (4/7/16)
Official questions and answers from the 4/7/16 AILA liaison meeting with USCIS Field Operations. Topics include staffing, the Q Flo system, biometrics in removal proceedings, ECHO, Forms I-751, medical exams, social media, Quilantan entries, Forms I-924, and following up on EB-5 cases.
AILA ICE Liaison Committee Meeting Q&As (4/7/2016)
AILA ICE Liaison Committee questions and answers from the 4/7/16 liaison meeting with ICE, including information on prosecutorial discretion, OSUP orders, ISAP, bond, stays of removal, family detention, military parole in place, and ICE’s new initiative to increase community engagement.
AILA EOIR/OCAHO Liaison Meeting Minutes (4/7/16)
Minutes from the 4/7/16 AILA liaison meeting with EOIR and OCAHO. Topics include staffing and docket information, ADRs, amicus curiae briefs, E-Registry, IJ professionalism, revised docketing practices, use of technology in the courtroom, priority dockets, and the asylum one-year filing deadline.
CA6 Upholds Asylum Denial Where Chinese Petitioner Claimed to Fear Persecution Based on Religion
The court found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. (Zheng v. Lynch, 4/6/16)
Immigration Law Advisor, February-March 2016 (Vol. 10, No. 2)
The February-March 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on the 75th anniversary and a brief summary of its history, as well as summaries of circuit court decisions from January and February 2016 and BIA precedent decisions.
AILA Quicktake #162: CARA Files Psychological Trauma Complaint
AILA's Associate Director of Advocacy Karen Lucas shares why the CARA Family Detention Pro Bono Project submitted a complaint to OCRCL and the Office of the Inspector General, which highlights eight cases of deep psychological trauma affecting mothers held in family detention.
CA6 Says §1208.16(e) Does Not Apply to Denial of Asylum Due to Untimeliness
The court upheld the IJ’s and BIA’s denials of the petitioner’s asylum application, finding that 8 CFR §1208.16(e) did not require the IJ to reconsider the finding that the application was untimely after the petitioner was granted withholding of removal. (Fisenko v. Lynch, 4/1/16)
CA9 Finds BIA's Interpretation of “Obstruction of Justice” Raises Grave Constitutional Doubts
The court found that the BIA’s revised interpretation of “obstruction of justice” announced in Matter of Valenzuela Gallardo raised grave doubts about whether INA §101(a)(43)(S) is unconstitutionally vague. (Valenzuela Gallardo v. Lynch, 3/31/16)
One Year Later - Immigrants’ Rights Groups Providing Pro Bono Legal Services to Families Detained in Texas Continue Vital Work
The CARA Family Detention Pro Bono Project marked its one-year anniversary and highlighted the generosity of more than 700 volunteers who combined donated more than $6.75 million in pro bono work in the past year helping nearly 8,000 families start the process of seeking asylum.
Sign-On Letter to the President Opposing DHS’s Operation Border Guardian
On 3/30/16, AILA joined over 150 organization in opposing a program that the Department of Homeland Security has named “Operation Border Guardian,” and the consequence it may have on refugees fleeing violence from Central America
AILA Quicktake #161: CARA's One-Year Anniversary
AILA President Victor Nieblas shares what the CARA Family Detention Pro Bono Project has accomplished in the last year and why family detention must end.
DHS OIG Released Report on CBP’s Implementation of PREA
The DHS OIG found that CBP needs to better plan its implementation of the DHS Prison Rape Elimination Act of 2003 (PREA) regulations, develop a budget to implement the actions, and provide clear and consistent guidance to all CBP offices regarding implementation of the regulations.