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
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.
BIA Terminates Proceedings Despite Eligibility for Reinstatement of Removal
Unpublished BIA decision reopens and terminates proceedings following vacatur of criminal conviction and notwithstanding that respondent was subject to reinstatement of removal under INA 241(a)(5). Special thanks to IRAC. (Matter of Raya-Dominguez, 10/22/15)
BIA Finds Crime Against Family Members Constitutes Exceptional Circumstances for Failure to Appear
Unpublished BIA decision finds failure to appear justified by exceptional circumstances, namely the kidnapping of her brothers and cousin, and the murder of her father shortly before the hearing. Special thanks to IRAC. (Matter of Rincon-Velasquez, 10/21/15)
CA10 Finds BIA Erred in Applying Matter of Briones Retroactively to Petitioner
The court held that the BIA’s retroactive application of Matter of Briones to petitioner’s case found no support in the principles underlying the law of retroactivity, in precedent decisions, or in relevant authority from other jurisdictions. (De Niz Robles v. Lynch, 10/20/15)
BIA Finds New York Sexual Offense Not a CIMT
Unpublished BIA decision holds that a second degree criminal sexual act under N.Y.P.L. 103.45 Is not a CIMT because the statute lacks a scienter requirement with regard to the age of the victim. Special thanks to IRAC. (Matter of S-P-B-, 10/20/15)
CBP Issues Memo on Implementation of Court Order regarding Flores Settlement Agreement
CBP issued a memo on the implementation of the court order regarding the Flores settlement agreement and the 10/21/15 ruling regarding CBP holding facilities.
AILA ICE Liaison Committee Meeting Q&As (10/19/15)
AILA ICE Liaison Committee questions and answers from the 10/19/15 liaison meeting with ICE, including information on prosecutorial discretion, OSUP orders, ISAP, bond, stays of removal, family detention, U visas, and recent HSI arrests.
CA2 Remands Where BIA Failed to Consider Petitioner’s Marriage Certificate
The court found that it was unable to meaningfully review the BIA’s removability determination, because the BIA failed to consider material evidence—namely, petitioner’s 1994 marriage certificate, which stated that he first married five years after his admission. (Ahmed v. Lynch, 10/19/15)
No Safe Haven Here: Mental Health Assessment of Women and Children Held in U.S. Immigration Detention
A mental and behavioral health research team traveled to the Dilley Detention Facility and released a report on Central American women and children’s refugee immigrant detention experiences after doing fieldwork from July 22 to July 24, 2015.
BIA Finds Adjustment Applicant Was Admitted Despite Fraudulent Affidavit of Support
Unpublished BIA decision finds adjustment applicant was “admitted” despite having previously obtained a K nonimmigrant visa by means of a fraudulent affidavit of support. Special thanks to IRAC. (Matter of Huynh, 10/16/15)
BIA Holds Kansas Aggravated Battery Not a Crime of Violence
Unpublished BIA decision finds aggravated battery under Kan. Stat. 21-3414(a)(2)(A) not an aggravated felony crime of violence because it encompasses reckless conduct. Special thanks to IRAC. (Matter of Laicer, 10/15/15)
TRAC Report Finds Immigration Courts Completed 7.3% More Cases in FY2015
A TRAC report found that IJs completed 198,105 cases during FY2015, up 7.3% from 184,597 in FY2014. The data also indicates that this marks the first time in six years that immigration court closings have risen rather than fallen, halting a downward slide that had been observed since FY2009.
EOIR Notice of Meetings on Proposed Rule on Non-Attorney Representatives
EOIR notice of three meetings on a proposed rule on the recognition of organizations and accreditation of non-attorney representatives. Notice includes date/time of meetings, registration information, and agendas. (80 FR 61773, 10/14/15)
CA8 Finds Petitioner Forfeited Right to Hearing on False-Representation Charge
The court held that the petitioner forfeited his right to a merits hearing on the charge of falsely representing himself as a U.S. citizen in violation of INA §237(a)(3)(D) by failing to make a timely assertion of the right. (Muiruri v. Lynch, 10/14/15)
CA8 Upholds Adverse Credibility Finding of Petitioner from Punjab, India
The court upheld the IJ's adverse credibility determination, finding that it was based on substantial record evidence and supported by specific, cogent reasons, and also upheld the BIA's rejection of the petitioner's ineffective assistance of counsel claim. (Singh v. Lynch, 10/14/15)
CA1 Says Petitioner Failed to Show His Assault Conviction Was Not a Crime of Violence
The court held that petitioner had failed to meet his burden of proving by a preponderance of the evidence that his 2006 assault conviction was not a "crime of domestic violence," and thus that petitioner was not eligible for cancellation of removal. (Peralta Sauceda v. Lynch, 10/14/15)
Sign-on Letter to Texas Officials on Licensing Dilley and Karnes
On 10/13/15, AILA joined immigration, human rights, and refugee organizations, as well as medical and childcare experts, in urging Texas officials to deny child care licenses to the private prisons operating family detention centers in Dilley and Karnes, Texas.
CA9 Says NTA Triggers Stop-Time Rule Even Where Hearing Date and Location Is Not Specified
The court held that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule, and accordingly found that the petitioner was statutorily ineligible for cancellation of removal. (Moscoso-Castellanos v. Lynch, 10/13/15)
BIA Sustains I-130 Appeal Finding Beneficiary Not Subject to INA §208(d)(6)'s Permanent Bar
Unpublished BIA decision held that the permanent bar under INA §208(d)(6) did not apply, because following the BIA's vacatur of its 2003 decision and remand to IJ, there was no "final order" specifically finding that the beneficiary knowingly filed a frivolous application. Courtesy of Shanshan Zhou.
Minutes from AILA/CBP Field Operations Liaison Meeting (10/8/15)
AILA’s CBP Liaison Committee provides minutes from a meeting with CBP Office of Field Operations on 10/8/15. Topics include: Blanket L visa admissions, E-1/E-2 admissions, rules resembling automatic visa revalidation, INA 222(g) visa voidance, returning residents, ARO, and the Visa Waiver Program.
CA7 Finds Petitioner Failed to Provide Sufficient Corroborating Evidence
The court held that petitioner did not offer evidence that corroborated the key elements of his claim of persecution, and that he failed to meet his burden of establishing that supplemental evidence could not have been obtained prior to his merits hearing. (Darinchuluun v. Lynch, 10/8/15)
BIA Reopens Proceedings for Respondent Seeking SIJ Status
Unpublished BIA decision reopens proceedings based on appointment of general guardian by state court and pendency of application for SIJ status. Special thanks to IRAC. (Matter of O-I-M-P-, 10/8/15)
BIA Rescinds In Absentia Order Based On Mistaken Advice from Relative
Unpublished BIA decision finds uncle’s failure to read hearing notice and mistaken belief that respondent did not need to appear constituted exceptional circumstances justifying rescission of in absentia order. Special thanks to IRAC. (Matter of Bautista-Perez, 10/7/15)
CRCL Complaint Details How Family Detention Facility Endangers Incarcerated Mothers and Children
A complaint was submitted to the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General by the CARA Family Detention Pro Bono Project detailing additional examples of deplorable and inadequate medical care to which mothers and children are subjected.
CARA: ICE and CCA Continue to Endanger the Lives of Mothers and Children Incarcerated at Family Detention Facility
The CARA Family Detention Pro Bono Project submitted a new complaint to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General detailing the inhumane conditions to which mothers and children are subjected at the South Texas Family Residential Center in Dilley, Texas.