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 Amicus Brief on Ambiguous Conviction Records
AILA amicus brief filed with the Ninth Circuit arguing that the court should overrule Young v. Holder, and hold that a noncitizen has not been convicted of a disqualifying offense in cases in which the conviction record is ambiguous.
CA8 Finds Minnesota Obstruction of Legal Process Conviction Not an Aggravated Felony
The court reversed the BIA, finding that an obstruction of legal process conviction under a Minnesota statute was not a "crime of violence," and thus not an aggravated felony requiring removal under INA §237(a)(2)(A)(iii). (Ortiz v. Lynch, 8/6/15)
CA1 Upholds Determination That Attack on Petitioner Was Not Persecution
The court held that the generalized evidence, including news articles and country conditions reports, submitted by the Honduran petitioner, who escaped an attack by armed assailants, was not sufficient to compel a finding of a well-founded fear of persecution. (Villafranca v. Lynch, 8/5/15)
CA1 Upholds Adverse Credibility Determination Due to Prior Inconsistent Statements
Based on substantial evidence, including petitioner's prior inconsistent statements, the court upheld the IJ and BIA's adverse credibility finding and the resulting denial of petitioner's withholding of removal and CAT claims. (Cuatzo v. Lynch, 8/5/15)
USCIS Update for DACA Recipients Who Received Three-Year EADs
USCIS update on efforts to retrieve three-year DACA work permits. As of 8/5/15, USCIS reports that it has accounted for over 99% of the approximately 2,600 identified invalid work permits requiring return. Twenty-two recipients failed to respond to the recall, and their DACA has been terminated.
BIA Holds IJs Must Notify Applicants of Biometrics Requirement and Deadline
BIA held that IJs must notify asylum applicants of biometrics requirements, deadline, and noncompliance consequences, and that IJs and BIA lack jurisdiction to consider if asylum-only proceedings were improvidently begun under a VWP referral. Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015)
CA3 Implements Temporary Administrative Stay Procedure
In order to ensure that petitioners in immigration matters are not deported before the court has an opportunity to act on a motion for stay of removal, the third circuit will grant a temporary administrative stay pending disposition of a motion for a stay if the case meets certain listed criteria
EOIR Security Directive on the Use of Electronic Devices in EOIR Space
EOIR Security Directive 01-2015, on the public use of electronic devices in EOIR space. The directive prohibits use of electronic devices in courtrooms, entrances/exits, corridors, conference rooms, and waiting areas, except for the limited purpose of conducting relevant court/ business activities.
BIA Request for Amicus Briefs on Crimes Involving Moral Turpitude
The BIA invites interested members of the public to file an amicus curiae brief on crimes involving moral turpitude. Briefs are due by 8/25/15.
CA9 Holds “Mixed” BIA Decision Is Not a Final Order of Removal
The en banc court held that when BIA issues a decision that denies some claims, but remands others to IJ, BIA's decision is not a final removal order with regard to any of the claims, and does not trigger the 30-day window in which to file a petition for review. (Abdisalan v. Holder, 1/6/15)
BIA Finds Removal Would Cause Exceptional and Extremely Unusual Hardship
Unpublished BIA decision reverses denial of non-LPR cancellation in light of medical problems afflicting qualifying relatives. Special thanks to IRAC. (Matter of Y-Y-C-, 8/4/15)
DOJ OIL August 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for August 2015, with articles on Garcia v. Lynch and Thomas v. Lynch, as well as summaries of circuit court decisions for August 2015.
ABA Report on Family Detention
The ABA released a report titled, “Family Immigration Detention: Why the Past Cannot Be Prologue,” that recommends that the government undertake several key reforms including immediately releasing families held at the Berks, Dilley, and Karnes family detention facilities.
Senators Leahy and Murray Call on DHS to End Family Detention
A 7/31/15 letter from Senators Leahy (D-VT) and Murray (D-WA) to Secretary Johnson, calling DHS to comply with U.S. District Court Judge decision and “release the children and their mothers without delay” from the Karnes and Dilley detention centers.
178 House Members Call on DHS to End Family Detention
A 7/31/15 letter from 178 House members to Secretary Johnson, calling on DHS to end family detention, stating “it is long past time to end family detention.”
CA1 Upholds BIA Where Petitioner Failed to Show Changed Conditions in China
The court held that the BIA did not abuse its discretion in denying the Chinese citizen petitioner's motion to reopen, holding that petitioner failed to demonstrate that conditions had worsened for Christians in China since the time of his earlier removal proceedings. (Wang v. Lynch, 7/31/15)
CA8 Finds Substantial Evidence in Record to Support Prior Canadian Conviction
The court held that substantial evidence in the record, including the Information and Trial Disposition, coupled with other documents, supported the IJ’s conclusion that petitioner had a Canadian conviction for possession of cocaine for the purpose of trafficking. (Fraser v. Lynch, 7/31/15)
Deplorable Medical Treatment at Family Detention Centers
A complaint was submitted to the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General on behalf of ten detained mothers by the American Immigration Council, AILA, CLINIC, Immigrant Justice Corps, RAICES, and the Women’s Refugee Commission.
Public Version of Complaint to CRCL
Public version of CRCL complaint with ten individual case summaries documenting ICE’s failure to provide adequate medical care to mothers and children in family detention facilities.
Summaries of the 10 Individual Cases
Ten individual case summaries documenting ICE’s failure to provide adequate medical care to mothers and children in family detention facilities.
Press Release: Deplorable Medical Treatment at Family Detention Centers
Press release from AILA and five other organizations announcing the lodging of complaints by mothers with DHS Offices for Civil Rights and Civil Liberties and Inspector General regarding the deplorable medical care they and their children received while detained by DHS.
BIA Reverses Denial of Joint Motion to Administratively Close Proceedings
Unpublished BIA decision grants interlocutory appeal and reverses decision denying joint motion to administratively close proceedings, stating that IJ failed to consider circumstances of case or agreement of the parties. Special thanks to IRAC. (Matter of Parada, 7/30/15)
CA1 Upholds Asylum Denial for Petitioner Who Fled Guatemala During Civil War
The court upheld BIA's denial of petitioner's asylum claims, finding that petitioner failed to establish he reasonably feared future persecution based on his membership in a particular social group, which he defined as "members opposed to gang membership." (Paiz-Morales v. Lynch, 7/29/15)
DHS Announces Establishment of ICE Advisory Committee on Family Residential Centers
DHS announces the establishment of the ICE Advisory Committee on Family Residential Centers (ACFRC) and invites the public to nominate individuals for one-year, two-year, and three-year term appointments. Nominations must be submitted by 8/1/15. (80 FR 45227, 7/29/15)
Backgrounder on New Developments in the Flores Litigation
A backgrounder answering basic questions about Judge Gee’s July 24 ruling that the Administration’s family detention policies do not comply with the Flores Settlement Agreement.