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
Reminder: Deadline for Duran Gonzalez Class Members Approaches
Reminder notice from class counsel that Duran Gonzalez class members have only until 1/21/16 to seek relief under the settlement agreement. The notice includes background information on the class action lawsuit and updates on a policy memo issued on 8/25/15.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (December 2015)
Summary of recent case law out of the Eleventh Circuit, courtesy of the AILA Georgia-Alabama and Central Florida Chapters. The information was compiled in December 2015 and should be used as a starting point in research.
BIA Holds Texas Offense Does Not Relate to Obstruction of Justice
Unpublished BIA decision holds that obstruction or retaliation under Tex. Penal Code 36.06 is not an aggravated felony relating to obstruction of justice, because it does not require a specific intent to interfere with the process of justice. Special thanks to IRAC. (Matter of Soria, 12/1/15)
DOJ OIL December 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for December 2015, with articles on Almanza-Arenas v. Lynch, Castaneda v. Souza, and recent amendments to the Visa Waiver Program, as well as summaries of circuit court decisions for December 2015.
When the Narrative Shifts
I joined AILA's Executive Committee with quite a bit of media experience under my belt. One thing I've known for a long time is that the news cycle can turn on a dime and what you may have thought you'd be talking about with a reporter can change, sometimes mid-interview. As an example - AILA's [
AILA Comments on EOIR’s Proposed Rule on Recognition of Organizations and Accreditation of Non-Attorney Representatives
AILA comments in response to the proposed rule, “Recognition of Organizations and Accreditation of Non-Attorney Representatives” (R&A Program), published in the Federal Register on 10/1/15. Includes comments on the standards for the R&A program, application process, and ongoing requirements.
Amicus Brief Filed By 224 Organizations in Texas v. United States Urging Supreme Court to Hear the Case
AILA joined the American Immigration Council and 222 other immigration, civil rights, labor, and social service groups in an amicus brief, urging the U.S. Supreme Court to review the Texas v. United States case that has blocked some of President Obama’s executive actions on immigration.
BIA Finds Iowa Fraudulent Practice Offense Not a CIMT
Unpublished BIA decision holds that a fraudulent practice under Iowa Code 714.8(11) is not a CIMT because requires neither an explicit intent to defraud nor a false statement to obtain something tangible. Special thanks to IRAC. (Matter of Villatoro, 11/27/15)
CA1 Says Birth Certificate Establishes Independent Evidence of Petitioner's Alienage
The court held that the BIA did not err in finding that petitioner's birth certificate, sent by the Mexican Consulate following an ICE raid on petitioner's place of employment, established her alienage independent of any alleged constitutional violations. (Garcia-Aguilar v. Lynch, 11/25/15)
CA4 Remands Asylum Claim of Former Gang Member
The court held that the BIA failed to adequately address the record evidence in making its determination that the petitioner's proposed social groups were not cognizable under the INA, and remanded for proper consideration of this issue (Oliva v. Lynch, 11/25/15)
NSC Liaison Q&As on Refugee and Asylee Issues (11/12/15)
The NSC Liaison Committee’s official Q&As from the 11/12/15 teleconference on refugee and asylee issues, and other issues with NSC. Topics include: important information about expedite requests, document production, I-485s, I-589s, I-730s, medical exams, and waivers.
BIA Remands Where IJ Belittled Respondent During Questioning
The BIA remanded for a new hearing before a different IJ, finding that conduct by an IJ that can be perceived as bullying or hostile is not appropriate, particularly in cases involving minor respondents, and may result in remand to different IJ. Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015)
AILA Comments on USCIS Guidance Regarding the Interpretation of Extreme Hardship
AILA comments in response to the 10/7/15 USCIS Draft Policy Manual – Volume 9, Part B: Extreme Hardship, which would apply to the adjudication of certain waivers of inadmissibility that require a showing of extreme hardship.
CA1 Upholds BIA's Denial of Guatemalan Petitioner's Motion to Removal Proceedings
The court held that BIA did not abuse its discretion in declining to reopen the Guatemalan petitioner's removal proceedings, finding the motion was untimely, and petitioner had not made a showing of changed country conditions sufficient to warrant reopening. (Mejía-Ramaja v. Lynch, 11/20/15)
ICE Appoints Family Residential Center Federal Advisory Committee Members
ICE announced the list of appointments to the Advisory Committee on Family Residential Centers. The committee’s charter requires that membership consist of up to 15 members, representing a variety of perspectives, to serve in one-year, two-year, or three-year terms.
CA4 Finds Petitioner with Assault Conviction Removable for "Crime of Domestic Violence"
The court held that a state law that does not have a domestic relationship as an element of the underlying offense of conviction can constitute a “crime of domestic violence” under INA §237(a)(2)(E)(i). (Hernandez-Zavala v. Lynch, 11/20/15)
AILA: Lives of Undocumented Families Now in Supreme Court’s Hands
AILA President Victor Nieblas Pradis urged the U.S. Supreme Court “not only to take the case but to rule in favor of the administration” on the implementation of the Deferred Action for Parents of Americans and the expanded Deferred Action for Childhood Arrivals programs.
BIA Grants Untimely Motion to Rescind In Absentia Order Due to Exceptional Circumstances
Unpublished BIA decision grants untimely motion to rescind in absentia removal order after finding failure to appear was caused by ongoing physical and mental trauma from father of respondent’s children. Special thanks to IRAC. (Matter of Sandoval-Landero, 11/20/15)
CA9 Upholds Denial of Asylum to HIV-Positive Citizen of Mexico
The court held that substantial evidence supported the BIA's denial of the claims for asylum, withholding of removal, and CAT relief of the petitioner, a citizen of Mexico who had sought relief based on his sexual orientation and HIV-positive status. (Bringas-Rodriguez v. Lynch, 11/19/15)
ICE Notice of Federal Advisory Committee Meeting on Family Detention
ICE notice of a meeting on 12/14/15 with the ICE Advisory Committee on Family Residential Centers in Washington, D.C. to discuss challenges within ICE family residential centers. This meeting will be open to the public and an agenda is included. (80 FR 72451, 11/19/15)
CA10 Says Violation of No-Contact Order Satisfies INA §237(a)(2)(E)(ii)
The court followed Matter of Strydom, holding that violation of an order prohibiting contact with a potential victim satisfies the requirements of INA §237(a)(2)(E)(ii), and finding that the permanent resident petitioner was removable under the statute. (Cespedes v. Lynch, 11/19/15)
AILA: How President Obama Can Reform Immigration in His Last Year
AILA issued a report card on President Obama’s immigration efforts over the past seven years and made recommendations. AILA President Victor Nieblas Pradis states, “In his final year, President Obama can save thousands of lives, keep families together, and help our economy thrive.”
AILA Report Card: How President Obama Can Improve Immigration In His Last Year
AILA urges President Obama to lead on immigration and ensure lasting change for the nation, with recommendations in: refugee and humanitarian protection; the legal immigration system; enforcement; and protecting undocumented families and others with strong ties to America. Share the Report Card!
CA8 Finds No Abuse of Discretion Where IJ Deemed Adjustment Application Waived
The court upheld the waiver of petitioner's adjustment of status application and the denial of his request for a continuance, finding that there was no abuse of discretion, because petitioner was given adequate notice by IJ of the requirements for his application. (Choge v. Lynch, 11/18/15)
Practice Advisory on Deferred Action for Childhood Arrivals
This Practice Advisory provides updated information about the initial and renewal DACA process and offers strategic advice for presenting individuals who may qualify. The American Immigration Council issued this advisory with AILA and the National Immigration Project of the National Lawyers Guild.