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
BIA Says IJs Should Use Preponderance of the Evidence Standard to Determine Competency
The BIA held neither party bears a formal burden of proof to establish a respondent’s mental competency, but where there are indicia of incompetency, the IJ should determine if a preponderance of evidence establishes the respondent is competent. Matter of J-S-S-, 26 I&N Dec. 679 (BIA 2015)
Immigration Law Advisor, October 2015 (Vol. 9, No. 9)
The October 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article on fraud and the unauthorized practice of law in immigration proceedings, as well as summaries of circuit court decisions from September 2015 and regulatory updates.
BIA Finds Attorney Provided Ineffective Assistance by Failing to Raise Domestic Violence Asylum Claim
Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to argue that respondent qualified for asylum under Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), and by failing to file a brief on appeal. Special thanks to IRAC. (Matter of L-Y-O-B-, 11/2/15)
DOJ OIL November 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for November 2015, with articles on Texas v. United States and DACA, as well as summaries of circuit court decisions for November 2015.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (October 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 October 2015 and should be used as a starting point in research.
AG Refers Two BIA Decisions to Herself for Review of Issue Relating to Descamps
The AG referred the BIA’s decisions to herself for review of an issue relating to Descamps v. U.S., ordering that those cases be stayed and not regarded as precedential or binding as to the issue under review. Matter of Chairez and Matter of Sama, 26 I&N Dec. 686 (A.G. 2015)
Legal Access and Legal Visitation Standard Operating Procedures for ICE Family Residential Centers
ICE issued Standard Operating Procedures establishing minimum legal access and legal visitation standards applicable to all ICE Family Residential Centers (FRC) that are active and operational.
Protecting the Survivors
Since October is Domestic Violence Awareness Month, we wanted to take this opportunity to draw attention to the need for AILA member expertise to help survivors, the challenges involved, and also highlight some ways that immigration attorneys can make a huge difference by getting involved and offeri
Sign-on Letter to ICE on Processing Immigrants Set for Early Release from BOP
On 10/29/15, AILA joined a number of immigration and human rights organizations urging ICE to provide due process to the estimated 1870-2000 immigrants that are scheduled for early release from the Bureau of Prisons (BOP) starting 10/30/15.
BIA Reopens In Absentia Order After Tolling 180-Day Deadline
Unpublished BIA decision rescinds in absentia order upon finding failure to appear was result of ineffective assistance and that respondent acted with sufficient diligence to toll 180-day deadline to seek reopening. Special thanks to IRAC. (Matter of Castro, 10/29/15)
BIA Remands Record Because IJ Failed to Note Eligibility for 212(h) Waiver
Unpublished BIA decision remands records because the IJ failing to advise the respondent of his potential eligibility to adjust status with a 212(h) waiver, thereby violating 8 CFR §1240.11(a)(2). Special thanks to IRAC. (Matter of Dia, 10/29/15)
EOIR Memo on Handling Cases Involving Certain Applications for Cancellation and Suspension
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo from David L. Neal to Board Legal Staff on handling cases involving certain applications for cancellation and suspension, and identifying CoR cap cases. Special thanks to Matthew Hoppock.
AILA Quicktake #144: AILA ICE Liaison Committee Update
AILA ICE Liaison Committee Vice Chair Heather Drabek Prendergast shares updates from an October 19, 2015, meeting with ICE. Help the committee by filling out this survey, Prosecutorial Discretion Prior to Issuance of NTA.
BIA Finds Voluntary Departure Does Not Break Presence If Not Informed of Right to IJ Hearing
The BIA held that where a noncitizen had the right to appear before an IJ but was not informed of that right, a voluntary departure does not break the noncitizen’s continuous physical presence for purposes of cancellation of removal. Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015)
BIA Finds Evidence of Voluntary Departure At or Near Border Does Not Break Presence If Not Advised of Right to IJ Hearing
The BIA held that where a noncitizen was not informed of the right to appear before an IJ, a voluntary departure or return does not break continuous physical presence, regardless of whether the encounter occurred at or near the border. Matter of Garcia-Ramirez, 26 I&N Dec. 674 (BIA 2015)
CA2 Says Detained Immigrants Must Be Afforded Bond Hearing Within Six Months of Detention
The court held that an immigrant detained pursuant to INA §236(c) must be afforded a bail hearing before an IJ within six months of his or her detention. (Lora v. Shanahan, 10/28/15)
Letter to Texas Officials on Licensing Detention Centers in Dilley and Karnes
On 10/27/15, the CARA Pro Bono Project sent a letter to Texas officials urging the Texas Department of Family and Protective Services (DFPS) to deny licenses to ICE for its two family detention centers in Dilley and Karnes, Texas.
BIA Finds Nevada Battery Not a Crime of Violence
Unpublished BIA decision holds battery under Nev. Rev. Stat. 200.485.1(a) is not categorically a crime of violence, because it includes use of any unwanted force, however slight. Special thanks to IRAC. (Matter of Patricio-Damian, 10/27/15)
BIA Holds DHS May Place “Arriving Aliens” in Removal Proceedings Without Credible Fear Determination
Unpublished BIA decision states that DHS may elect as matter of discretion to place arriving aliens directly into removal proceedings without requiring them to pass a credible fear determination. Special thanks to IRAC. (Matter of Patel, 10/26/15)
CA7 Finds IJ Misconstrued Petitioner's Testimony Regarding Wife's Procedure
The court held that the IJ misunderstood petitioner’s testimony, and that the IJ erred by concluding that petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization. (Wang v. Lynch, 10/26/15)
Senators Urge DHS to Examine Policies that Limit Access to Legal Counsel for Detained Families
On 10/23/15, 19 senators sent DHS Secretary Jeh Johnson a letter urging him to examine ICE’s policies that have barred or limited asylum-seeking mothers and children access to legal representation in Dilley, Texas.
Fact Sheet: The Flores Litigation and the Impact on Family Detention
The CARA Family Detention Pro Bono Project offers this fact sheet on the Flores litigation, covering the key points from Judge Gee’s ruling concerning the inhumane incarceration of mothers and children fleeing violence and persecution, and what the next steps are in the case.
Government Continues Incarcerating Mothers and Children Despite Judge’s Ruling
The CARA Family Detention Pro Bono Project calls on the government to fully comply with Judge Gee’s ruling concerning the inhumane incarceration of mothers and children fleeing violence and persecution; thus far DHS has not taken the steps necessary to comply with today’s deadline.
AILA/USCIS Field Operation Directorate Liaison Q&As (10/22/15)
Official questions and answers from the 10/22/15 AILA liaison meeting with USCIS Field Operations. Topics include summarily denied I-130s per INA §204(g), K-1s, I-751 interview delays, emergency advance parole, I-212s, and EB-5 issues. Notes include leadership directory and organizational chart.
AILA EOIR/OCAHO Liaison Meeting Minutes (10/22/15)
Minutes from the 10/22/15 AILA liaison meeting with EOIR and OCAHO. Topics include use of technology in the courtroom, representation at credible fear reviews, updates on the immigration court backlogs, priority dockets, staffing, communication between ICE and OCAHO, FOIAs, and appeals.