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
DC Circuit Court Finds Post-Guilty Plea Misrepresentations Can Constitute Ineffective Assistance of Counsel
The court reversed the district court and remanded, finding that affirmative misrepresentations made by appellant’s counsel regarding the potential immigration consequences of a guilty plea after appellant had pled guilty could constitute ineffective assistance. (U.S. v. Newman, 11/17/15)
EOIR Immigration Court Closings for 2015
EOIR alert that the Denver Immigration Court, including the Aurora/GEO hearing location, is closed on November 17, 2015, due to inclement weather.
ACLU Practice Advisory on Representing Immigrant Children Following Release from Border Patrol Custody
ACLU provides a practice advisory on representing children following their release from Border Patrol custody. The advisory discusses the history of abuse and neglect by Border Patrol, and encourages attorneys to carefully consider how past mistreatment may impact clients’ eligibility for relief.
Recent Ninth Circuit Case Law November 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in November 2015 and should be used as a starting point in research.
BIA Overturns Flight Risk Determination for Recent Arrival
Unpublished BIA decision overturns finding that recent arrival constitutes flight risk and grants $10,000 bond in light of positive credible fear determination and ability to live with other family members in United States. Special thanks to IRAC. (Matter of E-J-E-B-, 11/13/15)
BIA Finds Loss to Fraud Victim Was Less Than $10,000
Unpublished BIA decision finds respondent was not convicted of an aggravated felony under INA 101(a)(43)(M)(i) because the loss to the victim was represented by the $9,000 restitution order rather than the amount of the forfeiture. Special thanks to IRAC. (Matter of Lecler de Jesus, 11/13/15)
BIA Terminates Proceedings Against Petitioner in Mellouli v. Lynch
Unpublished BIA decision grants joint motion to terminate proceedings with prejudice against the petitioner in Mellouli v. Lynch, who was found not to have been convicted of an offense relating to a federally controlled substance. Special thanks to IRAC. (Matter of Mellouli, 11/13/15)
EOIR Announces Six New Assistant Chief Immigration Judges
EOIR announced the appointment of six new assistant chief immigration judges (ACIJs). ACIJs are responsible for overseeing the operations of the immigration courts or program portfolio to which they are assigned. Their official assignments will be announced in the coming months.
AILA: 5th Circuit Again Treads Disappointing but Not Surprising Path
AILA President Victor Nieblas Pradis responded to the disappointing 5th Circuit decision saying, “As this case drags on, wasting more time and government resources, I still hold firm to the faith that this will end justly with the full implementation of expanded DACA and DAPA.”
BIA Solicits Amicus Briefs on False Statements
The BIA invites interested members of the public to file amicus curiae briefs on the issue of whether false statements must be “material” in order to find that the statute “involves deceit” in determining whether an offense constitutes an aggravated felony under INA §101(a)(43)(M)(i).
AILA Quicktake #146: 5th Circuit Rules on Immigration Action
American Immigration Council's Legal Director Melissa Crow sits down to discuss the U.S. 5th Circuit Court of Appeals' ruling on President Obama's latest deferred action initiatives and what the next steps might be.
EOIR Relocates East Mesa Immigration Court
EOIR will temporarily close its East Mesa Immigration Court on 11/12/15 to prepare for relocation. The immigration court’s name will change to the Otay Mesa Immigration Court and will recommence hearings at the new location on 11/17/15. Notice includes contact information for the new location.
Q&As from AILA Joint Liaison Meeting with USCIS Verification and ICE HSI (11/10/15)
USCIS Q&As from the 11/10/15 AILA Verification and Documentation Liaison Committee meeting with the USCIS Verification Division and ICE Homeland Security Investigations. Topics discussed included E-Verify enrollment, short term assignments, TNC notifications, remote hires, and H-1B validity period.
Q&As and Supplemental Notes from AILA’s Joint Meeting with USCIS Verification and ICE HSI (11/10/15)
AILA’s Verification & Documentation Liaison Committee provides minutes and supplemental notes from their meeting with USCIS Verification and ICE Homeland Security Investigations (HSI) on 11/10/15. Topics include: E-Verify enrollment, short term assignments, TNC notifications, and remote hires.
ICE Issues Guidance on Investigating the Potential U.S. Citizenship of Individuals Encountered by ICE
ICE issued a directive establishing ICE’s policy and procedures for ensuring that the potential U.S. citizenship of individuals encountered by ICE officers, agents, and attorneys is “immediately and carefully investigated and analyzed.” Obtained via FOIA by Jacqueline Pearce.
Sign-on Letter Raise Concerns About Access to Asylum for Anyone with a Prior Removal Order
On 11/9/15, AILA joined 63 organizations in urging the Department of Homeland Security to undertake rulemaking that would allow all asylum seekers, including individuals with prior removal orders, to apply for asylum, in addition to withholding removal.
EOIR Swears in Two Immigration Judges
EOIR announced the investiture of two immigration judges. Daniel J. Daugherty has been appointed to the Las Vegas Immigration Court and Jonathan S. Simpson has been appointed to the San Francisco Immigration Court. Both will begin hearing cases in November 2015.
How to File a Petition for Review
Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.
CBP Issues Memo and Muster on Implementation of National Standards on Transport, Escort, Detention, and Search (TEDS)
CBP released a redacted memo and muster on the implementation of nationwide standards governing the safety and security of those in CBP custody.
AILA Amicus Brief on Whether Reinstatement Bar on "Relief" Bars Asylum Applications
AILA filed an amicus brief with the Fifth Circuit in Ramirez-Mejia v. Lynch supporting rehearing en banc and arguing that the more specific bars to asylum in the asylum statute govern the question and control, rather than the more general bar on "relief" in the reinstatement statute.
BIA Reopens Sua Sponte for Respondent Residing Abroad
Unpublished BIA decision reopens proceedings sua sponte following vacatur of criminal conviction for respondent whose appeal was dismissed in 2003 and was residing abroad. Special thanks to IRAC. (Matter of Perez-Guerrero, 11/6/15)
CA3 Finds Petitioner Ineligible for Cancellation of Removal on Basis of Clock-Stopping CIMT
Where petitioner was charged in his notice to appear with being removable due to his 2000 clock-stopping crime involving moral turpitude, the court held that he did not accrue the requisite period of continuous residency to be eligible for cancellation of removal. (Singh v. Lynch, 11/4/15)
CA8 Dismisses Challenge to Cancellation of Removal Denial for Lack of Jurisdiction
The court held that the non-LPR petitioner’s claim amounted to a challenge to how the IJ and BIA weighed the evidence in support of his application for cancellation of removal, and was thus outside the court’s jurisdiction to review. (Lemuz-Hernandez v. Lynch, 11/2/15)
CA9 Says Possession of Credit Card Without Consent Is Categorically a CIMT in Nevada
The court held that, because an intent to defraud applies to all conduct proscribed by the Nevada statute under which petitioner was convicted for conspiracy to possess a credit card without consent, a conviction under the statute is a categorical CIMT. (Mancilla-Delafuente v. Lynch, 11/2/15)
Enforcement Overdrive: A Comprehensive Assessment of ICE's Criminal Alien Program
This American Immigration Council report assesses the Criminal Alien Program (CAP), a massive enforcement program administered by ICE, and examines CAP’s evolution, operations, and outcomes from FY2010 through FY2013.