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
Statement By Secretary Jeh Johnson on Southwest Border Security in February 2016
In this statement, DHS Secretary Johnson comments on the number of apprehensions on the southwest border in February 2016. The statement also outlines steps being taken by DHS to manage unaccompanied minors, “Operation Border Guardian,” repatriation, and the Refugee Admissions Program.
Amicus Brief Filed By 326 Organizations in United States v. Texas Urging Supreme Court to Lift Injunction Against DAPA/DACA
AILA joined the American Immigration Council and 324 other immigration, civil rights, and community groups in an amicus brief urging the U.S. Supreme Court to lift the preliminary injunction blocking the implementation of DAPA and expanded DACA, President Obama’s executive actions on immigration.
AILA Joins Brief Urging Supreme Court to Uphold Executive Branch’s Immigration Powers
AILA joined a multitude of stakeholders urging the U.S. Supreme Court to affirm the executive branch’s authority over immigration issues; oral arguments in the case, United States vs. Texas, are scheduled for April 18, 2016, and a decision is expected later in June 2016.
Sign-On Letter Opposing Amendment to Eliminate Protections for Unaccompanied Children
On 3/8/16, AILA signed on to a letter opposing Senator John McCain’s (R-AZ) Amendment No. 3407, which would eliminate protections for unaccompanied children by stripping away critical protections in the TVPRA of 2008 for all unaccompanied children arriving in the United States.
BIA Orders Further Consideration of Motion to Suppress
Unpublished BIA decision remands for further consideration of motion to suppress where arresting officer did not testify at hearing and IJ failed to address whether officer had valid basis to hold respondent after initial stop. Special thanks to IRAC. (Matter of Velazco, 3/8/16)
AILA Comments on Revisions to Form I-131, Application for Travel Document
AILA provides comments in response to the USCIS 60-Day notice and request for comments on proposed revisions to Form I-131 and accompanying instructions.
CA1 Says Stop-Time Rule Applies to All Orders to Show Cause
The court concluded that the stop-time rule applies to all Orders to Show Cause (OSCs), regardless of the date of issue, and irrespective of whether deportation proceedings were pending or final on April 1, 1997. (Santos-Quiroa v. Lynch, 3/5/16)
Letter from Atlanta Area Educator to Secretary Jeh Johnson to Support Kimberly
Letter dated 3/4/16 from educator with 24 years of experience supporting Kimberly Pineda Chavez and describing how afraid her students now are because of the recent ICE raids.
AILA Quicktake #158: DACA at Year Three
American Immigration Council's Director of Policy Beth Werlin shares details of a report released by the Council, DACA at Year Three, which looks at the challenges and opportunities in accessing higher education and employment for DACA recipients.
CA10 Says Petitioner's Utah Conviction for Unlawful Sexual Activity with a Minor Is Not an Aggravated Felony
The court held that a conviction under Utah’s “unlawful sexual activity with a minor” statute does not fall categorically within the INA’s generic “sexual abuse of a minor” offense, and thus does not qualify as an aggravated felony under the INA. (Rangel-Perez v. Lynch, 3/1/16)
DOJ OIL March/April 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March/April 2016, with articles on Ledezma-Cosino v. Lynch and Gonzalez v. Attorney General, as well as summaries of circuit court decisions for March/April 2016.
ICE Notice of Federal Advisory Committee on Family Residential Centers Meeting
ICE notice of a federal Advisory Committee on Family Residential Centers meeting on 3/16/16 in San Antonio, TX, to brief committee members on ICE’s family residential centers and to review and assess the committee tasking. (81 FR 10267, 2/29/16)
GAO Report Finding Additional Actions are Needed to Strengthen Management and Oversight of Detainee Medical Care
GAO reviewed ICE data and information on costs, detention population, standards, and oversight for 165 facilities that held detainees for more than 72 hours in FY2015 and made recommendations on how to strengthen management and oversight of detainee medical care.
Attorney General Appoints Three New Board Members to the BIA
EOIR announces that Attorney General Loretta E. Lynch has appointed Molly Kendall Clark, Ellen Liebowitz, and Blair T. O’Connor as board members to the Board of Immigration Appeals (BIA). Notice includes biographical information on the new board members.
H.R. 4646: Fair Day in Court for Kids Act of 2016
On 2/26/16, Representatives Zoe Lofgren (D-CA), Luis Gutierrez (D-IL), and Lucille Roybal-Allard (D-CA) introduced the House version of the Fair Day in Court for Kids Act 2016, which mandates that unaccompanied children and vulnerable immigrants receive legal representation.
CA8 Says Petitioner Failed to Show That His Conviction Was Not Vacated for Immigration Purposes
The court upheld BIA's finding that petitioner failed to prove that his state court conviction for theft in the fourth degree, a crime involving moral turpitude, was vacated for a substantive or procedural reason and not for immigration purposes. (Andrade-Zamora v. Lynch, 2/26/16)
AILA Applauds House Access to Counsel Legislation
In response to the introduction of the “Fair Day in Court for Kids Act” in the House of Representatives, AILA President Victor Nieblas Pradis noted that the bill would, “stop the injustice of forcing vulnerable individuals to face deportation without counsel.”
Immigrant Rights Organizations Argue Against Government’s Inhumane Family Detention Policies
The four CARA Family Detention Pro Bono Project partners joined with other immigrant rights organizations in an amicus brief explaining how the government has misinterpreted the Flores settlement and failed to comply with Judge Dolly Gee's August 2015 ruling in the case.
District Court Awards $82,500 to Plaintiff Wrongfully Detained for More Than Three Years
The district court found that the plaintiff, a U.S. citizen who was wrongfully arrested and detained for more than three years and subjected to removal proceedings, had met his burden of proof with respect to his false arrest and imprisonment claims. (Watson v. United States, 2/25/16)
CA1 Upholds Denial of Motion to Reconsider Despite Change in Law Favorable to Petitioner
The court held that the BIA did not abuse its discretion in concluding that a change in the law favorable to petitioner, which occurred long after the expiration of his filing deadline, did not constitute extraordinary circumstances justifying equitable tolling. (Omar v. Lynch, 2/25/16)
CBP Issues Memo on Admissibility Processing and Family Units
CBP issued a memo to admissibility processing and family units, noting that when family units are encountered, the designation must be noted for the purposes of statistics and ICE detention actions. Memo includes the definition of a family unit.
BIA Holds Pennsylvania Possession with Intent to Deliver Marijuana Conviction Is Not an Aggravated Felony
Unpublished BIA decision holds 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony, even though a separate statute specifically criminalizes the distribution of a small amount of marijuana for no remuneration. Special thanks to IRAC. (Matter of Rodriguez-Trinidad, 2/24/16)
CA1 Finds Petitioner's Nine-Day Detention and Beatings Did Not Qualify as Past Persecution
The court held that a single detention, even one accompanied by beatings, does not necessarily rise to the level of past persecution, and upheld BIA's finding that petitioner's treatment by family planning authorities in China did not qualify as past persecution. (Chen v. Lynch, 2/24/16)
CA1 Says Women with Children Whose Husbands Live and Work in the U.S. Is Not a PSG
The court held that the BIA supportably found that petitioner had not presented evidence that her proposed particular social group (PSG)—women with children whose husbands live and work in the U.S.—was socially distinct. (Granada-Rubio v. Lynch, 2/24/16)
BIA Says State Offense Must Require Violent Physical Force to Be "Crime of Violence"
The BIA held that, for a state offense to qualify as a crime of violence under 18 USC §16(a), the state statute must require as an element the use, attempted use, or threatened use of violent physical force. Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016)