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
AIM: Training for Immigration Court
In February's AILA Interview of the Month, AILA member Ellen Messali shares how she worked with the Hartford Immigration Court to provide training and mock trials for immigration lawyers who may not have courtroom experience and how other chapters can replicate the success.
AILA and the NJIC File Amicus Brief with CA11 on Issue Exhaustion
AILA joined the National Immigrant Justice Center (NJIC) in filing an amicus brief with the 11th Circuit in Jeune v. Lynch urging the court to treat issue exhaustion as a claims-processing rule rather than a jurisdictional matter.
Amicus Brief in Flores Supporting Plaintiffs-Appellees and Urging Affirmance
Immigration rights organizations filed an amicus brief in support of the plaintiffs-appellees and in support of affirmation of the district court judgment in the Flores settlement agreement lawsuit.
AILA Statement to Senate Judiciary on Protecting Children, Families, and Other Border Arrivals
AILA submitted a statement to the Senate Judiciary Committee for the 2/23/16 hearing “The Unaccompanied Children Crisis: Does the Administration Have a Plan to Stop the Border Surge and Adequately Monitor the Children?”
CA8 Upholds Withholding of Removal Denial to El Salvadorian Whose Murdered Cousin Belonged to Gang
The court held that none of the proposed family-based social groups in which petitioner claimed membership had the kind of visibility and particularity required to constitute a recognizable social group. (Aguinada-Lopez v. Lynch, 2/23/16)
Updated United States-Mexico Local Repatriation Agreements
DHS and the Mexican government signed nine local repatriation agreements to establish local procedures for the orderly and safe repatriation of Mexican nationals from the United States to Mexico.
DHS Announces that the United States and Mexico Signed Updated Repatriation Arrangements
DHS signed nine local repatriation arrangements, covering all locations along the U.S.-Mexico border, with information on general repatriation procedures, location-specific information, and specific measures for vulnerable populations, such as unaccompanied minors and those with medical conditions.
CA5 Remands for BIA to Determine Whether Asylum Status Is Terminated upon Adjustment to LPR Status
Finding that the BIA did not address relevant subsections of INA §201, DHS regulations, and previous BIA decisions, the court remanded for the BIA to consider in the first instance whether a petitioner's asylum status is terminated upon adjustment to LPR status. (Ali v. Lynch, 2/22/16)
CA7 Upholds BIA's Marriage Fraud Finding Despite Procedural Errors
Despite procedural errors made by USCIS and the BIA, the court held that substantial evidence, including the petitioner's own written confessions, supported the BIA's finding that petitioner had engaged in marriage fraud under INA §204(c). (Sehgal v. Lynch, 2/22/16)
CA4 Says BIA Did Not Err in Following Matter of J-E- to Deny Petitioner's CAT Application
Deferring to the BIA's interpretation of the CAT's intent requirement as articulated in Matter of J-E-, the court found that the BIA did not err in denying petitioner's application for deferral of removal under CAT. (Oxygene v. Lynch, 2/22/16)
CA7 Grants Withholding of Removal to Woman Who Fears FGM in Botswana
The court held that substantial evidence did not support the BIA's conclusion that petitioner likely would not be subjected to female genital mutilation (FGM) if she were removed to Botswana, in light of petitioner's credible testimony that her family practiced FGM. (Musa v. Lynch, 2/19/16)
CA8 Upholds CAT Denial Where Petitioner Failed to Show She Would Likely Be Tortured in Haiti
The court upheld the BIA's denial of the petitioner's application for CAT relief, finding that the BIA did not err in concluding that the petitioner failed to show that she would more likely than not be tortured if removed to Haiti. (Mervil v. Lynch, 2/19/16)
BIA Grants Adjustment Application Despite Allegation of Visa Fraud
Unpublished BIA decision reverses discretionary denial of adjustment application upon finding that positive equities outweighed alleged involvement in fraudulent petition for a religious visa. Special thanks to IRAC. (Matter of Mirza, 2/19/16)
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.