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
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.
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)
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.
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 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)
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)
CA5 Finds Certification of Form I-89 Did Not Confer LPR Status
The court held that the petitioner did not become an LPR until USCIS formally approved his application after he was 18, and thus he was ineligible for citizenship under the Child Citizenship Act of 2000. (Gutierrez v. Lynch, 7/18/16)
EOIR FAQs on Temporary Closure of Eloy Immigration Court
EOIR FAQs on the measles outbreak and the operational status of the Eloy Immigration Court. The Eloy Immigration Court temporarily suspended hearings on 5/31/16, following confirmation by the Arizona Department of Health Services of a measles outbreak in certain areas within Eloy Detention Center.
AILA: Government Requests Rehearing of Deferred Action Case
AILA commented on the Department of Justice’s request for the Supreme Court to rehear the United States v. Texas case when a ninth Supreme Court justice is confirmed, urging that the Court rehear the case.
ICE Fact Sheet on Initiative to Increase Community Engagement
ICE fact sheet on the Office of Community Engagement’s (OCE) initiative to increase community engagement and station ICE Community Relations Officers in every field office in the country to serve as a link between the agency and stakeholders.
DHS FAQs on Existing Guidance on Enforcement Actions at Sensitive Locations
DHS fact sheet consisting of FAQs on ICE and CBP’s existing sensitive location policies regarding enforcement actions at places such as schools, medical facilities, places of worship, weddings or funerals, and public demonstrations.
ICE FAQs on Enforcement Actions at Sensitive Locations
ICE FAQs on existing sensitive location policies regarding enforcement actions at places such as schools, medical facilities, places of worship, weddings or funerals, and public demonstrations.
CBP FAQs on Enforcement Actions at Sensitive Locations
CBP FAQs on existing sensitive location policies regarding enforcement actions at places such as schools, medical facilities, places of worship, weddings or funerals, and public demonstrations.
CA5 Says BIA Failed to Consider Factors Central to Determining Reason for Persecution
The court found that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian asylum applicant’s maltreatment by the government was persecution on account of a protected ground. (Sealed Petitioner v. Sealed Respondent, 7/15/16)
AILA Welcomes Legislation Designed to Protect Refugees
AILA welcomes the introduction of the Refugee Protection Act of 2016 in both the House and Senate; the bill includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
CBP Practice Pointer: Overcoming Expedited Removal Orders
AILA’s CBP Liaison Committee provides a practice pointer on overcoming expedited removal orders where there is an arguable abuse of discretion or clear legal error.
CA7 Finds It Lacks Jurisdiction to Review Petitioner's Eighth Motion to Reopen
The court dismissed the petition for review for lack of jurisdiction, holding that petitioner, who had tried eight times to have his removal order rescinded, neither presented a legal or constitutional question. (Joseph v. Lynch, 7/14/15)
BIA Rescinds In Absentia Order Because NTA Was Sent to Outdated Address
Unpublished BIA decision rescinds in absentia order because NTA was sent in 2008 to an outdated address contained in 1999 adjustment application. Special thanks to IRAC. (Matter of Sanchez, 7/14/16)
CA5 Says Texas Misdemeanor Assault Conviction Is Not a “Crime Involving Moral Turpitude”
The court vacated the BIA’s judgment and remanded, holding that petitioner’s prior Texas misdemeanor assault conviction did not qualify as a “crime involving moral turpitude” that rendered him ineligible for cancellation of removal. (Gomez-Perez v. Lynch, 7/11/16)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/16 and ending 9/30/16, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.27 per centum per annum. (81 FR 44926, 7/11/16)
Sign-On Letter to Senators on Opposing Mandatory Notification Legislation
On 7/11/16, AILA joined 215 immigrant, legal, civil rights, faith-based, and labor organizations in urging U.S. senators to oppose any legislation or amendment that would entangle state and local law authorities with immigration enforcement through mandatory notifications.
CA4 Upholds Denial of Asylum to Ethnic Hutu Alleged to Have Participated in Rwanda Genocide
The court denied the petition for review, finding that petitioner, an ethnic Hutu and citizen of Rwanda alleged to have participated in the Rwandan genocide, did not prove by a preponderance of the evidence that he was not subject to the “persecutor bar.” (Munyakazi v. Lynch, 7/11/16)
CA9 Says Guatemalan Petitioner Failed to Show a Reasonable Fear of Torture
The court upheld the IJ's decision affirming an asylum officer's negative reasonable fear determination, concluding that substantial evidence in the record supported the IJ's conclusion that the petitioner failed to demonstrate a reasonable fear of torture. (Andrade-Garcia v. Lynch, 7/7/16)
CA3 Upholds Denial of Naturalization Application Due to Failure to Disclose Prior Removal Order
The court affirmed the lower court’s grant of summary judgment in favor of the government, finding that the appellant failed to meet his burden of showing that he was lawfully admitted and was therefore not eligible for naturalization. (Koszelnik v. DHS Secretary, et al., 7/8/16)