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
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.”
Supreme Court Says Only Substances Controlled Under §802 Trigger Removal
The Court found that, for removal purposes, INA §237(a)(2)(B)(i) limits the meaning of “controlled substance” to those defined in 21 USC §802, and the Government must connect an element of an immigrant’s conviction to a drug in §802 to trigger removal. (Mellouli v. Lynch, 6/1/15)
DOJ OIL June 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2015, with articles on Kerry v. Din and Mata v. Lynch, as well as a discussion of H-1B fraud prosecution and summaries of circuit court decisions for June 2015.
CA7 Says Petitioner Was Prejudiced by Ineffective Assistance of Counsel
The court granted the petition for review, concluding that the BIA abused its discretion when it determined that the petitioner was not prejudiced by his attorney’s admission that the petitioner was not validly married to a U.S. citizen when he adjusted his status. (Habib v. Lynch, 5/29/15)
AILA Case Examples on Immigration Enforcement
AILA highlights case examples where prosecutorial discretion should have been used in accordance with the November 20, 2014, DHS memorandum on enforcement priorities.
BIA Terminates Proceedings Because Ephedrine Is Not a Federally Controlled Substance
Unpublished BIA decision terminates proceedings because federal law regards ephedrine as a listed chemical rather than a controlled substance and Miss. Code Ann. §41-29-139 does not require intent to manufacture federally controlled substance. Special thanks to IRAC. (Matter of Kaur, 5/28/15)
136 House Members Call For an End to Family Detention
A 5/27/15 letter from 136 members of the House of Representatives to DHS, calling for an end to family detention, stating “We believe the only solution to this problem is to end the use of family detention.”
AILA Applauds 136 House Members Standing Up for America’s Values
AILA President Leslie A. Holman applauded the 136 House members who joined together calling for an end to family detention saying “Calling out the Administration is not done lightly, but it is vital that the federal government understand that continuing this practice is immoral and inhumane.”
AILA Quicktake #127: 5th Circuit Appeals Decides on Emergency Stay
American Immigration Council's Melissa Crow discusses the 5th Circuit Court of Appeals' decision to refuse to lift the emergency stay on President Obama's executive actions yesterday.
Letter Regarding Franco-Gonzales Monitor’s Contact Information
Information about how to contact the court-appointed monitor regarding government compliance with Franco-Gonzalez v. Holder, a class action lawsuit concerning the rights of immigrant detainees in Arizona, California, and Washington with serious mental disabilities.
AILA: 5th Circuit Decision Disappointing But Not Surprising
AILA President Leslie A. Holman responded to today’s decision by the 5th Circuit Court of Appeals, saying: “It appeared early on that this particular panel of this particular court was unlikely to grant the stay. Thankfully though, this is far from the last word on the matter.”
BIA Says Predictive Findings of What May Occur in the Future Are Findings of Fact
The BIA held that an IJ’s predictive findings of what may occur in the future are subject to a clearly erroneous standard of review, but whether an applicant has established an objectively reasonable fear of persecution is reviewed de novo. Matter of Z-Z-O-, 26 I&N Dec. 586 (BIA 2015)
CA3 Finds There Is No Duress Exception to the Material Support Bar
The court upheld the BIA’s denial of petitioner’s asylum application, finding that voluntary as well as involuntary material support, even when provided under threat of death, bars an immigrant from receiving asylum or withholding of removal. Amended on 6/1/15. (Sesay v. Att’y Gen., 5/26/15)