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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA7 Denies Request for Continuance to File a Second I-130
The court held it is not an abuse of discretion for an IJ to deny a continuance based on the speculative nature of an unfiled I-130, and that the denial of a prior request for relief is highly relevant in determining whether good cause exists for a continuance. (Souley v. Holder, 3/11/15)
AILA Recommends Senators Vote NO on the Inhofe Amendment 275 – Oppose Massive Escalation of Immigration Detention
AILA Recommends Senators Vote NO on the Inhofe Amendment 275, which would grant DHS extraordinarily broad power to detain noncitizens for prolonged or indefinite periods.
BIA Finds Respondent Removable for Participation in Acts of Torture and Extrajudicial Killing
The BIA found respondent removable, where killing of civilians and acts of torture occurred during his command of the Salvadoran National Guard, and he interfered with investigations, and failed to hold the perpetrators accountable. Matter of Vides Casanova, 26 I&N Dec. 494 (BIA 2015)
BIA Holds Respondent in Withholding Only Proceedings May Be Released from Custody
Unpublished BIA decision orders further consideration of request for custody determination by mother in withholding only proceedings denied by IJ solely to avoid separation from son who was also in custody. Special thanks to IRAC. (Matter of L-R-N-, 3/10/15)
BIA Holds Pennsylvania Reckless Endangerment Not a CIMT
Unpublished BIA decision terminates proceedings under Third Circuit decision finding recklessly endangering another person under 18 Pa. Cons. Stat. Ann. 2705 is not a CIMT. Special thanks to IRAC. (Matter of Vasquez-Lopez, 3/10/15)
The Council and AILA File Amicus Brief on Scope of the § 212(h) Aggravated Felony Bar
The American Immigration Council and AILA filed an amicus brief in Mansfield v. Holder urging the Eighth Circuit Court to vacate Roberts v. Holder, which holds that the § 212(h) aggravated felony bar applies to all LPRs regardless of the manner in which they gained LPR status.
Ethical Questions for AILA Members Regarding Expanded DACA and DAPA Clients
AILA member and Ethics Committee Chair Cyrus Mehta answers ethical questions on clients who may qualify for expanded DACA and DAPA. For more information or additional questions, please email AILA’s Practice and Professionalism Center.
CA8 Says Victims of Gang Violence Is Not a Valid Particular Social Group
The court held petitioner did not demonstrate that being a victim of gang violence was a particular social group, because the group did not show sufficient particularity and visibility such that it was perceived as a cohesive group by Guatemalan society. (Chilel v. Holder, 3/10/15)
BIA Reopens Proceedings Sua Sponte for Opportunity to Seek Cancellation
Unpublished BIA decision reopens proceedings sua sponte after respondent is resentenced to probation, thereby making him eligible to apply for cancellation of removal. Special thanks to IRAC. (Matter of Cwalinski, 3/9/15)
BIA Precludes DHS From Relying on Unconstitutionally Obtained Evidence in Future Proceedings
Unpublished BIA decision terminates proceedings due to egregious Fourth Amendment violation, and states that DHS is precluded from presenting same evidence in any future proceedings. Special thanks to IRAC. (Matter of Pretzantizin, 3/9/15)
BIA Rescinds In Absentia Order for Respondent with Flat Tire
Unpublished BIA decision rescinds in absentia order for respondent who appeared at multiple prior hearings, was the beneficiary of an approved visa petition, and arrived late to hearing due to a flat tire. Special thanks to IRAC. (Matter of Vega-Vargas, 3/9/15)
Amicus Brief on Filing Deadlines When There is Ineffective Assistance of Counsel Claim
Amicus brief to the Supreme Court in Mata v. Holder in support of the petitioner, illustrating why filing a MTR based on an ineffective assistance of counsel claim can take a considerable length of time past the 90-day statutory filing deadline.
ICE Issues Alert on Scam Targeting Noncitizens
ICE alert that it has received information indicating a possible scam targeting non-citizens, by individuals claiming to work for ICE's Detention Reporting and Information Line (DRIL).
CA5 Says It Lacks Jurisdiction to Review BIA’s Denial to Reopen Sua Sponte
The court held that since BIA has discretion in deciding whether to reopen sua sponte, it lacked jurisdiction to review BIA’s denial of petitioner’s untimely MTR and his request that BIA equitably toll the filing deadline due to ineffective assistance of counsel. (Mata v. Holder, 3/5/14)
CA2 Defers to BIA’s Interpretation of “Crime of Child Abuse”
The court held that BIA’s interpretation of the phrase “crimes of child abuse” to include child‐endangerment crimes for which injury to a child is not a required element was a reasonable reading of a statutory ambiguity and entitled to Chevron deference. (Florez v. Holder, 3/4/15)
CA5 Defers to BIA’s Interpretation of Good Moral Character Requirements
The court upheld BIA’s determination that a petitioner cannot establish good moral character if he was incarcerated for 180 days or more and that the 10 years preceding the final administrative decision should be used for removal cancellation purposes. (Rodriguez-Avalos v. Holder, 3/4/15)
CA7 Upholds Denial of Continuance for Ex-Wife’s Testimony on I-751 Waiver
The court held BIA did not abuse discretion in denying continuance for petitioner’s ex-wife to testify in support of I-751 waiver, because he did not show the testimony would have been significantly favorable to him and a good-faith effort to obtain her appearance. (Bouras v. Holder, 3/4/15)
AILA Notes from SCOPS Teleconference (3/4/15)
AILA notes from a teleconference with SCOPS on 3/4/15. Topics include processing times, family unity applications and extensions, EADs pending over 90 days, new Form G-28, I-485 receipt notice language, green card production for consular processing cases, I-129s, and defensive asylum applications.
AILA: H.R 1148 Offers No Workable Solution to Serious, Long-Standing Problems with Immigration System
AILA statement for the House Judiciary Committee markup opposing H.R. 1148, the Michael Davis, Jr. in Honor of State and Local Law Enforcement Act.
AILA: H.R. 1149 Will Harm Vulnerable Child Victims of Violence
AILA statement for the House Judiciary Committee markup opposing H.R. 1149, the Protect the Children Act of 2015.
CA10 Says Young Males Recruited by Gangs in El Salvador Not a PSG
The court held that young El Salvadoran males threatened and actively recruited by gangs, who resist because they oppose the gangs, is not a particular social group (PSG), and that petitioner did not prove he was persecuted due to any membership in a PSG. (Rodas-Orellana v. Holder, 3/2/15)
CA11 Upholds BIA’s Frivolous Asylum Application Finding
The court upheld the BIA, finding that petitioner filed a frivolous asylum application, and that it lacked jurisdiction to consider claims that BIA denied her a sufficient opportunity to account for application discrepancies and violated her due process. (Indrawati v. Att’y Gen., 3/2/15)
DOJ OIL March 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2015, with articles on Maldonado v. Holder and Lenjinac v. Holder, as well as summaries of circuit court decisions for March 2015.
Referral Sheet for Three Board Member Review of a BIA Decision
Obtained via FOIA by Hoppock Law Firm, EOIR the referral sheet for three Board member review of a BIA decision. Special thanks to Matthew Hoppock.
Immigration Law Advisor, March 2015 (Vol. 9, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on deciphering the Lopez-Mendoza “identity statement rule”, as well as summaries of circuit court decisions for February 2015 and recent BIA precedent decisions.