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
USCIS Fact Sheet on Post-Injunction Three-Year DACA EADs
USCIS updated information on USCIS efforts to secure the return of post-injunction three-year EADs issued to DACA recipients. USCIS is re-issuing corrected two-year EADs to these individuals and has updated their records to reflect a two-year period of deferred action and employment authorization.
CA5 Says Immigrants Whose Removal Orders Have Been Reinstated Are Not Eligible for Asylum
The court held that INA §241(a)(5)'s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum. (Ramirez-Mejia v. Lynch, 7/21/15)
CA8 Rejects Due Process Claims and Upholds Denial of Asylum for Bosnian Petitioners
The court upheld the BIA's denial of asylum, finding that the BIA’s rejection of the Bosnian petitioners' due process claims was supported by substantial evidence, and that the petitioners were accorded due process. (Nanic v. Lynch, 7/20/15)
USCIS Comment Request on Proposed Revisions to Form EOIR-58
USCIS 30-day notice of an extension to the comment request period for proposed revisions to Form EOIR-58, Unfair Immigration-Related Employment Practices Complaint Form. Comments are now due by 8/19/15. (80 FR 42840, 7/20/15)
EOIR Headquarters Announces Return to 22041 Zip Code
EOIR notice announcing that effective 7/27/15, all mail addressed to EOIR Headquarters in Falls Church, VA should be addressed using the 22041 zip code. This announcement supersedes the 10/1/13 change, restoring the EOIR Headquarters zip code that was used prior to that date.
CA3 Says Aggravated Felony Bar Applies to Conditional LPRs
The court held that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h). (Paek v. Att’y Gen., 7/20/15)
IJ Finds Conviction for Threat to Kidnap or Injure a Person Not a CIMT
The IJ granted respondent's motion to terminate, finding that respondent's felony conviction for "Threat to Kidnap or Injure a Person" in violation of D.C. Code §22-1810 was neither a crime involving moral turpitude (CIMT) nor an aggravated felony crime of violence. Courtesy of Brian Murray.
ICE Provides Information on Settlement for Individuals Who Have Serious Mental Disorders and Have Been Ordered Removed
ICE provided notice of a partial settlement of the Franco-Gonzalez v. Holder class action lawsuit, which alleged that individuals in immigration detention who are incompetent to represent themselves because of a serious mental disorder are entitled to legal representation.
AILA Amicus Brief Opposing Prolonged Mandatory Detention
AILA amicus brief filed with the Eleventh Circuit opposing prolonged mandatory detention, and illustrating the real-life consequences of the government’s mandatory detention practices.
CA7 Says IJ Did Not Abuse Discretion by Denying Continuance
The court found that the IJ did not err by denying petitioner's motion for a continuance, where the IJ found that petitioner had ample time to get fingerprinted and submit a petition for relief, and gave no reason for his failure to comply with the deadlines to do so. (Giri v. Lynch, 7/17/15)
CA1 Denies Qualified Immunity to ICE Agents Who Issued Detainer Without Probable Cause
The court affirmed district court's denial of qualified immunity on plaintiff’s 4th Amendment claim against ICE agent and supervisors, because the law was clearly established in 2009 that an ICE agent must have probable cause to issue an immigration detainer. (Morales v. Chadbourne, 7/17/15)
BIA Finds Theft Offense Not Divisible in Light of Descamps
Unpublished BIA decision terminates removal proceedings of respondent who was convicted of theft under Maryland law and sentenced to a term of imprisonment of three years, holding that the offense was neither a categorical theft offense nor divisible. (Matter of Sama, 7/17/15)
TRAC Report Finds Representation Makes Fourteen-Fold Difference in Outcome in "Women with Children" Cases
A TRAC report found that the latest data tracking the processing of “women with children” cases showed that the odds of being allowed to remain in the United States increased by more than fourteen-fold when the women and children had legal representation in immigration court.
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.