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
BIA Administratively Closes Proceedings Pending DHS Determination on Prosecutorial Discretion
Unpublished BIA decision administratively closes removal proceedings pending DHS’s determination of whether respondent merits a favorable exercise of prosecutorial discretion. Special thanks to IRAC. (Matter of J-A-L-G-, 6/11/15)
CA9 Reverses Illegal Reentry Conviction Due to Improper Cross-Exam
The court held that by asking defendant to comment on the credibility of a Border Patrol agent key witness, then referring to evidence not before the jury to bolster that witness’s testimony, the government deprived defendant of a fair trial. (United States v. Alcantara-Castillo, 6/11/15)
CA7 Finds IJ’s Adverse Credibility Finding Not Supported by Substantial Evidence
The court remanded, holding that because an applicant’s testimony alone may be sufficient to sustain the applicant’s burden without corroboration under INA §208(b)(1)(B)(ii), the IJ’s flawed credibility determination required a reassessment of petitioner’s credibility. (Liu v. Lynch, 6/11/15)
CA9 Amends Angov Opinion; Affirms Reliance on Hearsay Letter in Asylum Claim
The court amended its opinion, affirming the IJ and BIA’s discretionary decision to admit into evidence and rely on a hearsay letter prepared by the State Department for litigation to find that police subpoenas submitted by the asylum petitioner were fraudulent. (Angov v. Holder, 6/8/15)
BIA Says IJs Should Accept as Genuine an Asylum Applicant with Competency Issues’ Fear of Harm
The BIA held that if an asylum applicant has competency issues that affect the reliability of his testimony, the IJ should, as a safeguard, generally accept his fear of harm as subjectively genuine based on the applicant’s perception of events. Matter of J-R-R-A-, 26 I&N Dec. 609 (BIA 2015)
CA9 Holds PSR May Be Used to Determine If Amount of Funds Exceeds $10,000
The court held that BIA correctly found that the $10,000 monetary threshold referred to the “specific circumstances” of a money laundering offense, and that BIA properly relied on the presentence report (PSR) to determine if the threshold amount was met. (Arce Fuentes v. Lynch, 6/10/15)
CA4 Says BIA’s Interpretation of Sexual Abuse of a Minor Not Subject to Deference
The court granted the petition for review, holding that because the BIA did not supply a definition of the crime “sexual abuse of a minor” in Matter of Rodriguez-Rodriguez, the BIA’s interpretation of the crime was not entitled to Chevron deference. (Amos v. Lynch, 6/10/15)
Way Too Long: Prolonged Detention in Arizona's Border Patrol Holding Cells, Government Records Show
The American Immigration Council released a fact sheet on how newly released data shows that the Border Patrol routinely forces its detainees to sleep in cells that lack beds or other reasonable sleeping accommodations, often for multiple nights.
CA6 Says Asylum Applicants Not Entitled to Notice of Necessary Corroborating Evidence
The court held that INA §208(b)(1)(B)(ii) does not require immigration courts to give asylum applicants advance notice regarding the sort of evidence they must produce to prevail in their efforts to remain in the United States. (Gaye v. Lynch, 6/9/15)
CA8 Finds Guatemalan Petitioner’s Repeated Physical Abuse Not Persecution
The court held that the BIA was not compelled to find that the physical abuse inflicted on the petitioner by his aunt, cousin, and a group of his cousin’s friends amounted to persecution, either in isolation or cumulatively. (Barillas-Mendez v. Lynch, 6/4/15)
BIA Holds Marriage Is Not a Requirement for Domestic Violence Asylum Claims
Unpublished BIA decision holds that Matter of A-R-C-G- does not require applicants seeking asylum based on domestic violence to have been married to their abuser. Special thanks to IRAC. (Matter of D-M-R-, 6/9/15)
Alternatives to Detention Program Guidance
Message from ERO Taskings to field office directors and deputy field office directors with alternatives to detention program guidance including best practices related to referrals to ATD, enrollment in ATD, and ATD case management.
CA9 Holds Acceptance into FUP Is Not an Admission to the U.S.
The court upheld BIA’s decision that petitioner did not meet the statutory 7-year residency requirement, because acceptance into the Family Unity Program did not constitute an admission into the U.S. for purposes of cancellation of removal under INA §240A(a). (Medina-Nunez v. Lynch, 6/8/15)
AILA Brief in Gomez-Perez v. Lynch on Use of Modified Categorical Approach
AILA amicus brief with the Fifth Circuit in Gomez-Perez v. Lynch, arguing courts should use the modified categorical approach under Descamps only when the statute of conviction contains alternative elements that must be found unanimously by a jury before a conviction can be secured.
BIA Says Grant of FUP Benefits Is Not an Admission to the U.S.
The BIA held that a grant of Family Unity Program (FUP) benefits is not an admission for purposes of establishing seven years of continuous residence after having been admitted in any status to be eligible for cancellation of removal. Matter of Fajardo Espinoza, 26 I&N Dec. 603 (BIA 2015)
CA9 Says Applicant for Special Rule Cancellation Not Automatically Eligible for §212(h) Waiver
The court held that an applicant for special rule cancellation is not, by sole virtue of that status, eligible for a §212(h) waiver of inadmissibility, nor does that applicant automatically meet the definition of a Violence Against Women Act “self-petitioner.” (Garcia-Mendez v. Lynch, 6/8/15)
CA5 Says Use of Fraudulent Immigration Document Not a Continuing Offense
The court held that “use” of an immigration document, “knowing it to be forged, counterfeited, altered, or falsely made” or “procured by fraud or unlawfully obtained,” does not constitute a “continuing offense” for statute of limitations purposes. (United States v. Tavarez-Levario, 6/5/15)
Immigration Law Advisor, May 2015 (Vol. 9, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Convention Against Torture and third-party abuse, as well as summaries of circuit court decisions for April 2015, as well as summaries of recent BIA precedent decisions.
EOIR Interim Rule Expanding the Size of the BIA
EOIR interim rule with request for comments amending DOJ regulations relating to the BIA by adding two Board member positions, expanding the BIA to 17 members. This rule is effective 6/3/15. Comments must be submitted by 8/3/15. (80 FR 31461, 6/3/15)
CA1 Says BIA Abused Discretion in Deciding “Address” Means Residential Address
The court held that the IJ and BIA abused their discretion in deciding that relocating without providing an updated residential address, even if a valid mailing address is still on file, categorically amounts to evasion of a hearing notice. (Renaut v. Lynch, 6/3/15)
NY Supreme Court Says Undocumented Immigrant May Practice Law in New York
The court held that an undocumented immigrant who is authorized to be present in the U.S. under DACA and meets all other eligibility requirements governing admission to practice law in NY may satisfy the requisite good character standard. (Cesar Adrian Vargas, 2015 NY Slip Op 04657, 6/3/15)
AILA: 33 Senators Call for an End to Family Detention
AILA President Leslie A. Holman commended 33 senators for their forceful call to end family detention, saying “Nearly three-quarters of the Members of Congress from the President’s own party have now called on the Administration to end this shameful practice. Isn’t it time for him to listen?”
CA5 Says Judge’s Warning of “Likely” Deportation Not Enough Under Padilla
The court held that a judge’s statement at a guilty plea proceeding that deportation is “likely” did not bar the noncitizen defendant from demonstrating prejudice caused by his counsel’s failure to advise him of the deportation consequences of his plea. (United States v. Batamula, 6/2/15)
BIA Says "Ordinary Case" Analysis Should Be Used to Determine if Offense Is Aggravated Felony
BIA held that the inquiry for an aggravated felony determination is whether the conduct encompassed by the crime’s elements presents a substantial risk that physical force may be used in committing the crime in the “ordinary case.” Matter of Mario Francisco-Alonzo, 26 I&N Dec. 594 (BIA 2015)
33 Senators Call on Administration to End Family Detention Policy
A 6/1/15 letter to DHS Secretary Jeh Johnson from 33 senators stating, “the prolonged detention of asylum-seeking mothers and children who pose no flight risk or danger to the community is unacceptable and goes against our most fundamental values.”