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
CA8 Upholds Finding That Petitioner Falsely Represented Himself as a U.S. Citizen on a Form I-9
The court held that the BIA's finding that petitioner falsely represented himself as a U.S. citizen, and not a national, on a Form I-9 was supported by substantial evidence, and that this false claim of citizenship for employment was a non-waivable violation. (Godfrey v. Lynch, 1/22/16)
USCCR Statement on Stopping the ICE Raids Against Central American Refugees
On 1/22/16 the U.S. Commission on Civil Rights released a statement urging President Obama and DHS Secretary Johnson calling for the "immediate end of the raids being carried out" by DHS and ICE against Central American refugees.
Senate Democrats Tell the President to End the Immigration Raids
A 1/21/16 Senate letter to President Obama demanding that the administration stop immigration home raids against Central American children and their families; and consider designating Guatemala, and re-designating El Salvador and Honduras for temporary protected status.
CA10 Finds Petitioner's Testimony Was Unpersuasive in Establishing Continuous Presence
The court upheld the BIA, finding that the petitioner was ineligible for cancellation of removal, because he failed to establish a ten-year continuous physical presence in the United States. (Gutierrez-Orozco v. Lynch, 1/21/16)
AILA Quicktake #153: Supreme Court Grants Cert in Texas v. United States
The American Immigration Council's Legal Director Melissa Crow discusses the Supreme Court's announcement to hear the case on President Obama's executive actions on expanded DACA and DAPA and looks to what to expect next.
TRAC Report Finds PEP Has Had Little Impact on ICE Detainer Use
A TRAC report found that the 7,117 detainers issued by ICE during October 2015 suggests that the Priority Enforcement Program (PEP), which replaced the Secure Communities program in June 2015, appears to have had only a modest impact on ICE's use of detainers.
CA9 Says Felony Child Abuse in California Is Not a Categorical a Crime of Violence
The court held that California’s felony child abuse statute does not qualify as a categorical crime of violence, and is not divisible. The court thus found that the petitioner's conviction under the statute did not constitute an aggravated felony. (Ramirez v. Lynch, 1/20/16)
TRAC Report Finds Criminal Immigration Prosecutions Have Fallen 22 Percent
A TRAC report found that, according to the most recent data from DOJ, the government reported 4,861 new immigration prosecutions during November 2015. This represents a drop of 13.2 percent from the previous month, and a decline of 22.3 percent from November 2014.
BIA Holds Company Conviction Cannot Be Attributed to Corporate Officer
Unpublished BIA decision finds that doctrine of piercing the corporate veil cannot be used to attribute a corporation’s conviction to a corporate officer who was never charged or convicted of a crime individually. Special thanks to IRAC. (Matter of Gomez, 1/20/16)
BIA Finds Nevada Battery Conviction Is Not a Crime of Violence
Unpublished BIA decision reopens proceedings sua sponte upon finding that respondent’s conviction for attempted battery with substantial bodily harm under Nev. Rev. Stat. 200.481 was not categorically an aggravated felony crime of violence. Special thanks to IRAC. (Matter of Alcivar, 1/19/16)
AILA Urges Supreme Court to Affirm Constitutionality of Executive Branch Immigration Powers
AILA President Victor Nieblas welcomes the Supreme Court’s decision to take up Texas vs. United States, noting that the final ruling “will go far beyond immigration. No single state should be empowered to thwart the federal government’s nationwide policy decisions.”
Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases
An American Immigration Council practice advisory on how individuals can seek a remedy for ineffective assistance of counsel in immigration court proceedings by filing a motion to reopen, including an overview on the right to effective assistance and the requirements in Matter of Lozada.
AILA and LatinoJustice Comments on International Rate Regulation for Inmate Calling Services
On 1/19/16, AILA and LatinoJustice submitted a joint comment to the Federal Communication Commission on the International Rate Regulation for Inmate Calling Services.
CA8 Upholds BIA's Finding That Petitioner’s Proposed Social Group Was Not Socially Distinct
The court upheld the denial of the petitioner's claim for withholding of removal, finding that the BIA did not err in concluding that the petitioner’s proposed social group, defined as "escapee Mexican child laborers," was not socially distinct. (Gonzalez Cano v. Lynch, 1/15/16)
Recent Ninth Circuit Case Law January 2016
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in January 2016 and should be used as a starting point in research.
AILA’s Recommendation To Ensure Vulnerable Central Americans Are Treated Fairly and Humanely and Are Protected from Deportation
AILA urges the president and DHS to halt the raids and deportations of vulnerable Central Americans and recommends that procedures be established that ensure these families receive fair and humane treatment and can meaningfully seek humanitarian protection under U.S. law.
CA9 Finds It Lacks Jurisdiction to Review Nicaraguan Petitioner's Unexhausted Asylum Claim
The court upheld the BIA's denial, holding that petitioner's asylum claim was unexhausted because petitioner's statements to the BIA failed to meaningfully apprise it of the basis for his appeal, and that the court thus lacked jurisdiction to review the claim. (Rizo v. Lynch, 1/14/16)
TRAC Report Assesses the Potential Impact of Immigration Raids Targeting Women with Children
A TRAC report found that a total of 18,607 "women with children" removal orders were issued between July 2014 and December 2015, according to the most recent data from the Immigration Court. The families involved lacked legal representation 86 percent of the time.
CA7 Remands Withholding of Removal Claim Based on Political Views of Nicaraguan Petitioner
The court reversed the denial of withholding of removal and remanded to the BIA, holding that the petitioner presented pertinent, credible evidence that he faces a significant probability of persecution if he is removed to Nicaragua. (Gutierrez-Rostran v. Lynch, 1/13/16)
CARA: 33 Mothers and Children Protected from Immediate Deportation
After successfully halting the removal of 33 Central American mothers and children rounded up by Immigration and Customs Enforcement, the CARA Family Detention Pro Bono Project called on the Obama administration to release the families confined at Dilley.
CA1 Upholds Denial of Motion to Reconsider for Failure to Assert Previously Available Arguments
The court held that because the new arguments the petitioner raised in his motion to reconsider were previously available but not previously asserted, the BIA did not abuse its discretion in denying the motion. (Hurtado v. Lynch, 1/13/16)
U Visa: A Sliver of a Silver Lining for Victims of Violent Crimes
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act in October 2000. As the USCIS website explains, this legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic viole
House Democrats Tell the President to End the Immigration Raids
A 1/12/16 letter from 146 House members to President Obama demanding an end to immigration home raids that have targeted Central American families with children.
CA7 Upholds CAT Denial to HIV-Positive, Homosexual Mexican Petitioner
The court held that the HIV-positive, homosexual Mexican petitioner did not satisfy his burden of showing that it was more likely than not that he would be tortured by the government or with the government’s acquiescence if he was removed to Mexico. (Lopez v. Lynch, 1/12/16)
District Court Grants Writ of Habeas Corpus to Detainee Held for Twenty-Six Months
The U.S. District Court for the Western District of Texas granted the petition for a writ of habeas corpus, holding that the petitioner's detention of more than twenty-six months was unreasonable, and that the appropriate remedy was a bond hearing. Courtesy of Carlos Spector.