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
BIA Reopens Proceedings After Filing of U Visa Application
Unpublished BIA decision reopens and remands proceedings after filing of U visa application by respondent’s spouse. Special thanks to IRAC. (Matter of Rosales De La Cruz, 2/18/16)
BIA Holds Adjustment Always Qualifies as “Admission” Under INA §237(a)(1)(H)
Unpublished BIA decision holds that adjustment of status always qualifies as an “admission” for purposes of seeking a waiver under INA §237(a)(1)(H), stating that contrary Fifth Circuit finding was limited to INA §212(h). Special thanks to IRAC. (Matter of Picazo, 2/18/16)
Sign-on Letter to DHS on Enhancing Due Process for Refugees
On 2/18/16, AILA joined immigrants’ rights, civil rights, human rights, faith-based, and legal service providers in urging Department of Homeland Security to enhance due process for Central American refugees and stop the raids.
AILA Quicktake #155: Updates on Supreme Court DACA/DAPA Case
American Immigration Council's Director of Policy Beth Werlin discusses how U.S. Supreme Court Justice Antonin Scalia's death might impact the upcoming case on Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA).
CA4 Says BIA May Not Summarily Disregard Nunc Pro Tunc Adoption Decrees
The court held that the term "adopted" found in INA §101(b)(1)(E)(i) is not ambiguous under Chevron, and thus that the BIA's policy of summarily disregarding nunc pro tunc orders relating to adoptions conducted in U.S. state courts is not entitled to deference. (Ojo v. Lynch, 2/16/16)
TRAC Data Shows Average Wait Time in Immigration Court Has Risen to 667 Days
A TRAC analysis found that, as of the end of January 2016, open cases in U.S. immigration courts have been waiting for an average of 667 days, a new high. This is 3.7 percent longer than the average wait time of 643 days at the end of FY2015, and 17.6 percent longer than at the end of FY2014.
CA2 Says BIA Failed to Provide Sufficient Basis for Rejecting IJ's Findings
The court held that, although BIA recognized its obligation to apply the “clear error” standard of review to IJ’s findings of fact, it erred in its application of that standard and provided an insufficient basis for finding IJ's determinations to be clearly erroneous. (Lin v. Lynch, 2/11/16)
Letter to Secretary Johnson Opposing Priority Enforcement Program
A 2/11/16 letter from Senator Bernie Sanders (I-VT) and Representative Raul Grijalva (D-AZ) to Department of Homeland Security Secretary Jeh Johnson express concern over the Priority Enforcement Program.
CA5 Reaffirms That "Aliens Whose Removal Orders Are Reinstated" May Not Apply for Asylum
The court denied the petition for rehearing en banc, reaffirming that INA §241(a)(5)'s "plain language, relevant regulations, and analogous case law" compel the conclusion that asylum is not available as relief to individuals found guilty of illegal reentry. (Ramirez-Mejia v. Lynch, 2/11/16)
AILA Welcomes Introduction of Access to Counsel Legislation
AILA welcomed the introduction of the “Fair Day in Court for Kids Act of 2016” AILA President Victor Nieblas Pradis noted, “This legislation would go a long way toward ensuring a measure of fairness and due process in the immigration system for the most vulnerable.”
AILA/KIND Fact Sheet: Most Recent Data on Children and Families in Immigration Court
AILA and Kids in Need of Defense (KIND) provide a factsheet with statistics on representation and removal of unaccompanied children and families.
S. 2540: Fair Day in Court for Kids Act of 2016
On 2/11/16, Democratic Senate Minority Leader Harry Reid (NV), introduced the Fair Day in Court for Kids Act of 2016 (S. 2540), which mandates that unaccompanied children and vulnerable immigrants receive legal representation.
AILA Quicktake #154: Fair Day in Court for Kids Act Introduced
AILA's Director of Advocacy Greg Chen shares details on the bill introduced in the Senate that would provide access to counsel to children, families, and other vulnerable populations facing deportation. He also discusses hearings on EB-5 and AILA's upcoming National Day of Action.
Section-By-Section Summary of Senate Bill: Fair Day in Court for Kids Act of 2016
A section-by-section summary of the Fair Day in Court for Kids Act of 2016 introduced by Senator Harry Reid (D-NV) on 2/11/16. The bill would mandate that unaccompanied children and vulnerable immigrants receive legal representation.
Audio from Telebriefing on Access to Counsel - A Critical Need for Immigrant Children, Families, Asylum Seekers
AILA hosted a telebriefing for press for a discussion of the “Fair Day in Court for Kids Act” legislation and next steps.
CA1 Says Petitioner Failed to Show He Entered into Marriage in Good Faith
The court held that the decisions of the IJ and the BIA concluding that petitioner failed to carry his burden of proof to establish that his marriage was bona fide were supported by substantial evidence. (Valdez v. Lynch, 2/10/16)
Handwritten Letter from Thirty Mothers Held at Berks Family Detention Center
Thirty mothers detained with their children at the Berks Family Detention Center wrote a letter to the media pleading for their freedom; the letter is in Spanish, an English translation is available.
Families Detained for Months on End Plead for Their Freedom
Thirty mothers detained with their children at the Berks Family Detention Center in Pennsylvania wrote a letter to the media pleading for their freedom. The mothers write that they came to the U.S. seeking refuge, and that they want their prolonged and cruel detention to be known.
New Mexico Senators Urge the President to Suspend Removals of Central American Families
On 2/10/16, Senators Tom Udall and Martin Heinrich of New Mexico asked President Obama to suspend immigration removal actions against children and families from Central America.
Senate Resolution Regarding Operation Streamline
On 2/10/16, the Senate Committee on Homeland Security and Governmental Affairs voted in favor of the resolution in an 8 to 7 vote.
BIA Rescinds In Absentia Order Due to Erroneous Legal Advice
Unpublished BIA decision rescinds in absentia order where attorney erroneously advised respondent not to attend hearing because he had submitted a motion to change venue. Special thanks to IRAC. (Matter of Cun, 2/10/16)
Eight of Twelve Families Targeted by ICE Have Been Released
After being held in detention for more than a month by Immigration and Customs Enforcement (ICE), eight families rounded up by ICE at the beginning of January have finally been released from detention while their cases proceed.
BIA Says Endangering the Welfare of a Child in New York Is Categorically a Crime of Child Abuse
The BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law is categorically a "crime of child abuse, child neglect, or child abandonment" under INA §237(a)(2)(E)(i). Matter of Mendoza Osorio, 26 I&N Dec. 703 (BIA 2016)
CA6 Says It Lacks Jurisdiction to Review BIA Removal Order Where Appeal Was Filed After 30 Days
Where the BIA had remanded the record for the sole purpose of allowing petitioner to apply for voluntary departure, the court held that it lacked jurisdiction to review the BIA's 2013 removal order, because that decision was “final” for the purposes of appellate review. (Hih v. Lynch, 2/9/16)
BIA Reverses Adverse Credibility Finding in Domestic Violence Asylum Case
Unpublished BIA decision reverses the IJ’s adverse credibility determination and remands to assess whether the respondent, a victim of domestic violence, established past persecution or a well-founded fear of persecution on account of membership in a PSG. Special thanks to Thomas E. Fulghum.