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 Says Application of U.S. Immigration Laws Was Not Impermissibly Retroactive
The court held U.S. immigration laws could properly be applied to petitioner within the Commonwealth of Northern Mariana Islands, even though he entered the territory, committed the crime, and was convicted before U.S. immigration laws were extended to the CNMI. (Mtoched v. Lynch, 5/22/15)
CA2 Upholds BIA’s Determination That Incomplete NTA Can Still Trigger Stop-Time Rule
The court denied the petition for review, holding that BIA’s determination that a notice to appear need not include the date and time of the initial hearing to trigger the stop‐time rule is a permissible construction of the INA and thus entitled to deference. (Guaman-Yuqui v. Lynch, 5/19/15)
House Members Hold Press Conference to #EndFamilyDetention (5/21/15)
Members of the House held a press conference to demand that DHS end family detention. Watch video of this moving and impactful press conference.
CA5 Says Wave-Through at Port of Entry Is an “Admission in Any Status”
The court reversed, holding that a wave-through at a port of entry is an "admission in any status" under §1229b(a)(2), and that petitioner, an LPR, was thus eligible for cancellation of removal relief. (Tula-Rubio v. Lynch, 5/21/15)
BIA Rescinds in Absentia Order Against Respondent Who Moved Prior to Mailing of NTA
Unpublished BIA decision reopens proceedings in light of evidence that the respondent moved prior to the mailing of the Notice to Appear and thus was not notified of his obligation to inform the immigration court of any change of address. Special thanks to IRAC. (Matter of Zapata, 5/21/15)
CA9 Says Grand Theft Conviction in California Not a Categorical Aggravated Felony
The court held that the petitioner’s grand theft offense was not a categorical aggravated felony under California Penal Code §487(a), and that his waiver of his right to appeal to the BIA was not considered and intelligent. (Garcia v. Lynch, 5/20/15)
EOIR Announces New Office of Legislative and Public Affairs Staff
EOIR notice announcing the hiring of two new personnel in the Office of Legislative and Public Affairs (OLPA). Nathan Berkeley joins the OLPA at Headquarters as the first outreach director and LaFondra Lynch will serve in Atlanta as the agency’s first regional public information officer (PIO).
BIA Upholds Grant of Cancellation of Removal Despite Inconclusive Record of Conviction
Unpublished BIA decision holds inconclusive record of conviction does not preclude a respondent from establishing eligibility for cancellation of removal under the U.S. Supreme Court’s decision in Moncrieffe v. Holder. Special thanks to IRAC. (Matter of E-H-, 5/20/15)
CA8 Says It Lacks Jurisdiction to Review Hardship Claim
The court denied the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny petitioner’s claim of exceptional and extremely unusual hardship to his son. (Salas-Caballero v. Lynch, 5/20/15)
CA9 Says ICE Detention May Be Credited Toward Criminal Sentence
The court reversed, finding that if ICE detains an immigrant during a period of potential criminal prosecution, then he or she is subsequently entitled to credit toward a criminal sentence in accordance with the meaning of “official detention” under 18 USC §3585(b). (Zavala v. Ives, 5/18/15)
BIA Finds Adjustment of Status Is an Admission for Fraud Waiver Eligibility Purposes
The BIA held that adjustment of status constitutes an admission for purposes of determining an immigrant’s eligibility to apply for a waiver under §237(a)(1)(H) of the INA. Matter of Agour, 26 I&N Dec. 566 (BIA 2015)
CA5 Holds “Sole Legal Custody” Required Only in Cases with Joint Custody Order
The court held that BIA misinterpreted the reach of Bustamante-Barrera v. Gonzales, which requires “sole legal custody” only when an alien minor’s parents have a joint custody order following divorce or judicial separation. (Kamara v. Lynch, 5/18/15)
Senator Reid Statement On Administration’s Decision To Review Family Detention Policies
On 5/15/15, Senator Harry Reid (D-NV) reacted to the ICE family detention announcement, stating “…the proposed reforms are not enough. Ending family detention is the only answer. Detaining mothers and their children who are fleeing extreme poverty, persecution, abuse and violence is unacceptable...”
Congressman Adam Smith Statement on Family Detention
On 5/15/15, Representative Adam Smith (D-WA) reacted to the ICE family detention statement, stating “We need to get out of the business of detaining children and their mothers.”
AILA Offers Reality Check on ICE Family Detention Announcement
This document highlights the key aspects of the new plans by Immigration and Customs Enforcement for “enhanced oversight for family residential centers,” and points out the difference between what ICE says and what AILA knows from our ongoing efforts to end family detention.
TRAC Report Finds Immigration Court Backlog Reaches New All-Time High
A TRAC report found that the number of new cases awaiting resolution before the Immigration Courts climbed to a new all-time high of 445,607 as of the end of April 2015. The backlog has risen 9.2% since the start of FY2015 and is 29.5% higher than it was at the beginning of FY2014.
AILA NBC Liaison Committee Meeting Minutes (5/15/15)
Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/15/15. Topics included: ELIS, Affidavits of Support, I-485 and I-130 processing times, issues with transfer notices, RFEs, I-601A provisional waivers, advance parole, and adjustment of status.
BIA Orders Consideration of Competency to Understand Warnings in NTA
Unpublished BIA decision reopens proceedings sua sponte to consider evidence suggesting respondent lacked sufficient mental competency to understand advisals in Notice to Appear regarding his duty to notify the court of any change of address. Special thanks to IRAC. (Matter of Lall, 5/15/15)
Senator Menendez Responds to ICE Family Detention Announcement
On 5/14/15, Senator Bob Menendez (D-NJ) issued a statement in reaction to ICE’s family detention announcement, stating “The Administration’s efforts simply do not go far enough and are an unacceptable response to adequately address the grave concerns of detaining women and children.”
AILA: Little Meaningful Change in ICE Announcement on Family Detention
AILA President Leslie A. Holman responded to the announcement of plans by Immigration and Customs Enforcement (ICE) for “enhanced oversight for family residential centers” saying the plans do “almost nothing to address the fundamental issue that there is no humane way to detain families.”
AILA Quicktake #126: ICE Announcement on Family Detention
AILA's Director of Advocacy Greg Chen discusses Immigration and Customs Enforcement's (ICE) announcement of plans for “enhanced oversight for family residential centers.”
CA5 Says Bivens Actions Not Available for Claims That Can Be Addressed in Civil Immigration Removal Proceedings
The court held that the plaintiffs, undocumented immigrants who were involved in civil immigration enforcement actions, could not pursue Bivens claims against CBP agents for illegally stopping and detaining them. (De La Paz v. Coy, 5/14/15)
BIA Finds IJ Made Erroneous Factual Findings Regarding Motion to Suppress
Unpublished BIA decision orders further consideration of respondent’s motion to suppress, because the IJ made clearly erroneous factual findings regarding whether ICE agents possessed a warrant or were given consent to enter his home. Special thanks to IRAC. (Matter of Leiva, 5/14/15)
BIA Remands Petitioner’s Asylum Claim in Light of Recent PSG Decisions
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of whether the petitioner, who was abused as a child by her mother’s live-in boyfriend, was harmed on account of her membership in a particular social group (PSG). Courtesy of Diana M. Bailey.
ICE Announces Series of Actions Related to Family Detention Centers
ICE news release on actions it will be taking on oversight for family detention centers, including a review process for families detained beyond 90 days, providing dedicated work space for pro bono attorneys, designation of a senior ICE official to review facility policies, and other reforms.