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
Complaint: ICE’s Continued Failure to Provide Adequate Medical Care to Mothers and Children Detained at the South Texas Family Residential Center
The CARA partners jointly filed a complaint on behalf of fourteen mothers and their children who received or are still receiving substandard medical care while detained at the South Texas Family Residential Center (STFRC) in Dilley, Texas.
CA9 Finds Possession of Child Pornography Under CA Statute Is Not an Aggravated Felony
The court held that petitioner's conviction for possessing child pornography under a California statute did not qualify as an aggravated felony, because the CA statute is categorically broader than any offense described in the federal statute. (Chavez-Solis v. Lynch, 10/6/15)
Immigration Law Advisor, September 2015 (Vol. 9, No. 8)
The September 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article on administrative notice and the opportunity to respond, as well as summaries of circuit court decisions from August 2015, summaries of recent BIA precedent decisions, and regulatory updates.
CBP Implements Agency-wide National Standards on Transport, Escort, Detention, and Search
CBP announcement on the issuance of uniform national standards governing CBP’s interaction with detained individuals, including provisions on transport, escort, detention, and search.
CBP Releases National Standards on Transport, Escort, Detention, and Search of Detained Individuals
CBP national standards on the transport, escort, detention ,and search of detained individuals, as well as requirements related to the prevention of sexual abuse and assault, the treatment of personal property, and the care of at-risk individuals in custody including children and families.
CA9 Declines to Sanction Government Attorneys for Improper Oral Argument
In a class action lawsuit brought by detained non-citizens, the court discharged its August 2015 Order to Show Cause, holding that no government attorney provided information to the Los Angeles Times with the object of influencing the appeal. (Rodriguez v. Robbins, 10/2/15)
CA5 Says Petitioner's Drug Conviction Satisfies Personal-Use Exception
The court found that the petitioner's misdemeanor conviction for possession of marijuana within 1,000 feet of his high school—a drug-free zone under Texas law—fell into the INA's "personal-use exception." (Flores Esquivel v. Lynch, 10/1/15)
EOIR Proposed Rule on Recognition of Organizations and Accreditation of Non-Attorney Representatives
EOIR proposed rule on requirements and procedures for authorizing representatives of nonprofit religious, charitable, social service, or similar organizations to represent persons before EOIR and DHS and on EOIR’s disciplinary procedures. Comments are due by 11/30/15. (80 FR 59514, 10/1/15)
EOIR Final Rule on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings
EOIR final rule adopting, as amended, the proposed rule entitled List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings. Rule is effective 11/30/15. (80 FR 59503, 10/1/15)
EOIR Final Rule on Separate Representation for Custody and Bond Proceedings
EOIR final rule adopting, as amended, the proposed rule allowing a representative before EOIR to enter an appearance in custody and bond proceedings without appearing for all of the individual’s proceedings before the Immigration Court . Rule is effective 12/7/15. (80 FR 59500, 10/1/15)
BIA Finds IJ Failed To Sufficiently Explain Denial of Administrative Closure
Unpublished BIA decision orders further consideration of request for administrative closure where IJ stated that the request was denied because it was not “judicially economical.” Special thanks to IRAC. (Matter of Perez, 10/1/15)
DOJ OIL October 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for October 2015, with articles on Rodriguez v. Robbins, Lora v. Shanahan, Matter of Chairez, and Matter of Sama, as well as summaries of circuit court decisions for October 2015.
USCIS Statistics on Asylum Filings for Minors for FY2015
USCIS provided FY2015 statistics on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
BIA Chastises IJ For Denying SIJ-Related Continuance
Unpublished BIA decision reverses denial of continuance pending adjudication of state court dependency petition, stating that denial of request “was not a good utilization of Immigration Court and Board resources.” Special thanks to IRAC. (Matter of M-A-J-, 9/30/15)
CA9 Says BIA Applied Wrong Standard in Philippines Coup Planner Case
The court held that the BIA erred in failing to apply the clear error standard of review to the IJ’s finding that petitioner lacked the “intent to endanger, directly or indirectly, the safety of one or more individuals.” (Zumel v. Lynch, 9/29/15)
Coercion and Intimidation of Detained 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 documenting intimidation, misinformation and violations of the right to counsel at the family detention facility in Dilley, Texas.
CARA: Coercion and Intimidation of Detained Mothers and Children Must Stop
The CARA Family Detention Pro Bono Project submitted a complaint to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
Public Complaint Regarding Coercion and Violations of the Right to Counsel at the South Texas Family Residential Center in Dilley
Public complaint submitted by the CARA Project to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
CA8 Says Misuse of SNAP Benefits Is Aggravated Felony
The court upheld the BIA’s conclusion that the petitioner’s conviction for the unauthorized use of SNAP food stamp benefits categorically involved fraud or deceit within the meaning of INA §101(a)(43)(M), and was thus an aggravated felony. (Mowlana v. Lynch, 9/30/15)
BIA Upholds IJ’s Finding That DHS Did Not Prove Respondent Was Aggravated Felon
Unpublished BIA decision affirms discretionary grant of cancellation of removal, upholding IJ's conclusion that DHS did not prove respondent was convicted of an aggravated felony, because the record did not establish if the conviction was for personal use or trafficking. Courtesy of Russell Abrutyn.
EOIR 30-Day Notice for Comments on Form EOIR-56
EOIR 30-day notice requesting comments on Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Comments are now due on 10/29/15. (80 FR 58506, 9/29/15)
BIA Reopens Proceedings Sua Sponte Due to Stress Causing Respondent to Miss Hearing
Unpublished BIA decision reopens proceedings sua sponte, noting that respondent failed to appear at hearing due to stress arising from pending divorce proceedings and mother’s hospitalization. Special thanks to IRAC. (Matter of Galono, 9/29/15)
CA9 Says It Lacks Jurisdiction to Review Challenge to Expedited Removal Proceeding
The court held that, pursuant to the jurisdiction-stripping provisions of INA §2429(a)(2)(A), it lacked jurisdiction to review an IJ’s affirmance of an asylum officer's negative credible fear determination in the petitioner's expedited removal proceedings. (Pena v. Lynch, 9/28/15)
BIA Solicits Amicus Briefs on “Ordinary Case” Methodology
The Board of Immigration Appeals (BIA) invites interested members of the public to file amicus curiae briefs on the effect of the U.S. Supreme Court’s decision in Johnson v. United States on the continued viability of Matter of Francisco-Alonzo. Briefs are due by 10/28/15.
BIA Says DHS Has Obligation To Disclose Evidence Regarding Mental Competency
Unpublished BIA decision remands for consideration of respondent’s mental competency and says DHS has obligation to provide the IJ with relevant materials in its possession. Special thanks to IRAC. (Matter of Pierre, 9/25/15)