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
EOIR Announces that Chief Immigration Judge Is Stepping Down
EOIR announcement that Brian M. O’Leary is returning to the Arlington Immigration Court as an immigration judge. The agency will soon begin recruiting a new Chief Immigration Judge. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge.
AILA Quicktake #131: USCIS Retrieving Erroneously Issued 3-Year DACA EADs
AILA President Victor Nieblas Pradis discusses USCIS's recently issued letters to some DACA recipients requiring them to return their three-year Employment Authorization Documents (EADs) that are being retrieved after an injunction in Texas v. United States.
BIA Holds Voluntary Departure Terminated Upon Filing of Motion to Withdraw Request
Unpublished BIA decision denies as moot a motion to withdraw grant of voluntary departure, stating that voluntary departure was automatically terminated upon the filing of the motion. Special thanks to IRAC. (Matter of Macario, 7/15/15)
Written Testimony by DHS Secretary at House Judiciary Hearing
Written testimony of DHS Secretary Jeh Johnson for House Committee on the Judiciary hearing titled “Oversight of the U.S. Department of Homeland Security on 7/14/15. Johnson discussed border security, family detention, and executive actions.
GAO Report on Actions Needed to Ensure UACs Receive Required Care in DHS Custody
A GAO report on DHS policies and procedures to screen and care for all unaccompanied alien children (UACs) as required. The GAO recommends, among other things, that DHS provide guidance on screening criteria and document the interagency process to transfer UACs from DHS to HHS.
CA1 Says Court May Consider Administrative Actions in Other Proceedings in Mootness Claim
The court held that a court may consider administrative actions in other proceedings to resolve a colorable claim of mootness for a petition for judicial review, and remanded to see if revocation of petitioner's VAWA petition rendered the petition for review moot. (Manguriu v. Lynch, 7/14/15)
IJ Finds that “Ordinary Case” Standard Has Been Abrogated by Johnson
The IJ found that the Supreme Court in Johnson abrogated the “ordinary case” standard in BIA’s Matter of Francisco-Alonzo, and that courts should use the Moncrieffe categorical approach in analyzing crimes of violence under 18 USC §16(b). Courtesy of Brian Blackford.
Release of Refugee Families is Long-Overdue Step
The American Immigration Lawyers Association (AILA) and the American Immigration Council welcome plans announced by Immigration and Customs Enforcement (ICE) for the release of some mothers and children detained after seeking refuge at our borders with the following statement.
IJ Finds Georgia Shoplifting Convictions Are Not CIMT
In an unpublished decision, the IJ found respondent’s two Georgia convictions of theft by shoplifting are categorically not crimes involving moral turpitude (CIMT) and are not aggravated felonies, thus terminated removal proceedings. Courtesy of Eli Echols.
ICE Announcement on Detention of Mothers and Children
ICE provided additional information regarding the release of mothers and children from family detention. AILA expects a formal announcement from DHS tomorrow and will update AILA.org as information is available.
AILA Amicus Committee Looking for Adam Walsh Act Cases at BIA
The AILA Amicus Committee is looking for Adam Walsh Act Cases at the BIA that deal with U.S. citizen petitioners whose alleged AWA qualifying crimes were handled under a deferred adjudication scheme, or were expunged pursuant to a rehabilitative statute. Please send your cases by August 1, 2015.
Sign-on Letter to Stop Streamline Prosecution of Asylum-Seekers
On 7/10/15, AILA joined refugee, faith, and human rights organizations in a sign-on letter to DHS Secretary Johnson and Attorney General Lynch to end prosecution for illegal entry and reentry of individuals seeking asylum in the U.S.
BIA Rescinds In Absentia Order Because Hearing Notice Listed Wrong Courtroom
Unpublished BIA decision rescinds in absentia order because hearing notice mistakenly stated that the hearing would take place in the IJ’s prior courtroom. Special thanks to IRAC. (Matter of Hernandez, 7/10/15)
BIA Holds Respondent Who Arrived 30 Minutes Late Did Not Fail to Appear for Hearing
Unpublished BIA decision rescinds in absentia order upon finding respondent’s arrival 30 minutes after start of hearing did not constitute a failure to appear. Special thanks to IRAC. (Matter of Cortez-Talavera, 7/10/15)
AILA Quicktake #130: Appearance Rates for Families and Children
American Immigration Council's Director of Policy Beth Werlin offers accurate data on family and children appearance rates after the Center for Immigration Studies and Fox News got it wrong and explains why lawyers are so important in improving appearance rates.
CA9 Says Kwan Can Be Applied Retroactively to Petitioner's IAC Claims
The court held that Kwan both survives Padilla and did not establish a new rule of criminal procedure under Teague, and that Kwan could be applied retroactively to support petitioner’s ineffective assistance of counsel (IAC) claim. (United States v. Chan, 7/9/15)
USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals
USCIS updated its Consideration for Deferred Action for Childhood Arrivals process page on 6/15/15. The DACA FAQs were last updated on 3/10/15.
The Real Alternatives to Family Detention
The vast majority of detained families are bona fide asylum seekers under U.S. law. There is no humane way to detain families. Until family detention finally comes to an end alternatives to detention should be used.
BIA Holds North Carolina Possession of Marijuana With Intent to Distribute Not an Aggravated Felony
Unpublished BIA decision holds that possession of marijuana with intent to distribute under N.C.G.S. 90-95(a)(1) is not an aggravated felony, citing prior unpublished decision as persuasive authority. Special thanks to IRAC. (Matter of Luna Aguirre, 7/7/15)
CA9 Finds Defendant’s Due Process Rights Violated Where IJ Failed to Advise of §212(c) Waiver
The court vacated the defendant’s conviction for illegal entry and remanded, holding that the defendant's due process rights were violated where the IJ failed to advise the defendant of the possibility of relief under INA §212(c). (United States v. Guzman-Ibarez, 7/6/15)
Vaccine Overdose of Detained Children Another Sign that Family Detention Must End
On July 4, 2015, AILA and AIC learned that, recently, medical personnel at the detention center in Dilley, Texas that holds nearly 2,000 children and their mothers mistakenly gave adult-strength Hepatitis A vaccinations to approximately 250 children.
BIA Reverses Denial of Continuance to Seek SIJ Status
Unpublished BIA decision holds that IJ should have granted a continuance to file a dependency petition necessary to seek SIJ status. Special thanks to IRAC. (Matter of A-G-M-, 7/2/15)
BIA Criticizes IJ For Refusing to Allow Telephonic Testimony
Unpublished BIA decision criticizes IJ for refusing to allow foreign doctor to testify telephonically regarding injuries that prevented LPR from returning to the United States more quickly. Special thanks to IRAC. (Matter of Wahid, 7/1/15)
CA10 Says INA §242B(2) Is a Non-Jurisdictional Venue Provision
The court transferred the petition back to the 5th Circuit, finding that INA §242B(2) is not a jurisdictional statute, that venue was proper in the 5th Circuit, and that the interests of justice would best be served if the 5th Circuit adjudicated the petition. (Lee v. Lynch, 7/1/15)
DOJ OIL July 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for July 2015, with articles on Morales-Santana v. Lynch, Morales v. Chadbourne, and DACA, as well as summaries of circuit court decisions for July 2015.