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 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.
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)
Practice Advisory on Inspection, Entry, and Admission
This practice advisory discusses entries where a noncitizen is “waved” in; where there is fraud or misrepresentation; and where there is a false claim to U.S. citizenship. Also discusses whether the entry was an “admission”, immigration status upon entry, and the impact on a DACA application.
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)
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.
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.
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.