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
CA7 Grants Petition for Review for Ineffective Assistance of Counsel Claim
The court held BIA abused its discretion by ignoring a potentially meritorious argument when deciding a motion to reopen, and BIA should determine if petitioner’s attorneys incompetently neglected to offer evidence that might have resolved inconsistencies. (Chen v. Holder, 4/1/15)
BIA Finds Group of Bandits Not a Tier III Terrorist Organization
Unpublished BIA decision finds group of bandits to whom respondent provided domestic services was not a Tier III terrorist organization, because they were motivated by personal monetary gain. Special thanks to IRAC. (Matter of J-F-L-K-, 3/31/15)
Immigrants’ Rights Groups Announce Plans to Provide Pro Bono Legal Services to Children and Their Mothers Detained in Texas
AILA joins CLINIC, the American Immigration Council, and RAICES in a new collective project known as CARA to provide legal services to children and their mothers detained in Karnes City and Dilley, Texas, and to advocate for the end of family detention.
USCIS Asylum Statistics from Family Detention Facilities for FY2015, Second Quarter
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in family detention facilities: Artesia, Berks, Dilley, and Karnes, from the second quarter of FY2015.
BIA Holds North Carolina Cocaine Trafficking Statute Is Not an Aggravated Felony
Unpublished BIA decision holds trafficking in cocaine under N.C.G.S. §90-95(h)(3) is categorically not an aggravated felony, and upholds grant of LPR cancellation for respondent arrested with 400 grams of cocaine. Special thanks to IRAC. (Matter of V-M-B-B-, 3/27/15)
CA9 Reverses Denial of CAT Relief Based on Internal Relocation Regulations
The en banc court held that neither petitioner nor government bear the burden of proof as to internal relocation, rather such evidence, if relevant, must be considered in assessing whether it is more likely than not that petitioner would be tortured if removed. (Maldonado v. Holder, 3/27/15)
CA7 Denies PTR Where Petition Was Focused Only on Underlying Denial
The court denied petition to review, because petition focused only on the underlying denial of his application for asylum and withholding, a ruling not properly before the court, and petitioner did not argue that the denial of his motion to reconsider was erroneous. (He v. Holder, 3/27/15)
ICE Instructions for Seeking Prosecutorial Discretion under 2014 Executive Action
ICE instructions for individuals seeking prosecutorial discretion (PD) under the 11/20/14 enforcement priorities memo, including info for individuals with removal orders, individuals in proceedings before EOIR, reconsideration of prior PD decisions, and PD requests that should be directed to ERO.
CA3 Upholds Finding That Sexual Orientation Was Not Central to Persecution
The court denied withholding of removal to a gay Honduran national who feared torture and death by an infamous gang, ruling that the gang was interested in petitioner’s money and recruitment potential and not in harming him because of his homosexuality. (Gonzalez-Posadas v. Holder, 3/26/15)
AILA Vote Recommendations to the Senate Budget Resolution
AILA urged Senators to vote against immigration amendments to the budget resolution that would present no solution on immigration, require unnecessary/excessive spending on border security, and interfere with Executive Branch’s clear legal authority to implement reforms to the immigration system.
VOICE: April 2015
In the April 2015 VOICE, learn about the debate in the courts regarding the H-2B program, the positive impact that your participation in National Day of Action can make on immigration reform, librarians providing limited legal services as BIA-accredited representatives, and more!
USCIS Alert on Workload Transfer Within Service Center Operations
USCIS alert that effective 3/27/15, USCIS will transfer the adjudication of some cases to balance the overall workload. The affected cases include those filed with the following forms: I-129F, I-140, I-485, I-821D/I-765. The filing location and instructions for these forms will not change.
BIA Holds Possession of Marijuana with Intent to Deliver in North Carolina Is Not an Aggravated Felony
Unpublished BIA decision holds possession of marijuana with intent to deliver under North Carolina statute is not an aggravated felony, because it criminalizes the transfer of five grams of marijuana for no remuneration. Special thanks to IRAC. (Matter of Garcia Olvera, 3/25/15)
EOIR Releases Memo on UAC and Family Docketing Practices
EOIR memo with updated docketing practices related to unaccompanied children cases and adults with children released on alternatives to detention cases in light of new priorities. This memo supersedes the 9/10/14 Docketing Practices memo.
BIA Says Bond Redetermination Rules are Mandatory, Not Jurisdictional
The BIA held that 8 CFR §1003.19(c) relates to venue and thus, the IJ erred in dismissing Respondent’s bond redetermination request for lack of jurisdiction when he was transferred to a detention center outside the court’s jurisdiction. Matter of Cerda Reyes, 26 I&N Dec. 528 (BIA 2015)
CA10 Finds Petitioner Was Subject to Mandatory Detention
The court denied the petition for review, finding petitioner was not entitled to a bond hearing due to the BIA’s interpretation of §236(c) and because the government had a continued duty to impose detention even if it failed to detain him in a timely manner. (Olmos v. Holder, 3/24/15)
FOIA Results from Request Regarding Stewart Immigration Court
FOIA results from a request for information regarding the Stewart Immigration Court in Lumpkin, Georgia. Special thanks to the South Florida AILA Chapter.
Statement by ICE Director Saldana Clarifying Testimony on Secure Communities
Statement by ICE Director Sarah Saldana stating that she supports the end of the Secure Communities program and the replacement of it with a new Priority Enforcement Program.
BIA Holds Advance Parole Form Is Not Valid Entry Document
Unpublished BIA decision holds Form I-512L (Authorization for Parole of an Alien Into the United States) is not a "valid entry document" under INA §212(a)(7)(A)(i)(I). Special thanks to IRAC. (Matter of Abraham, 3/19/15)
BIA Reverses Finding of Inadmissibility for Alien Smuggling
Unpublished BIA decision finds respondent was not inadmissible for alien smuggling based on his conviction under INA §274(a)(1)(A)(ii), because the criminal statute requires a mens rea of recklessness rather than actual knowledge. Special thanks to IRAC. (Matter of Martinez, 3/19/15)
DHS Releases a Privacy Impact Assessment on ICE’s Use of License Plate Readers
DHS released a privacy impact assessment on how ICE’s intends to procure the services and use of information obtained from license plate readers (LPRs) as an investigatory tool in support of its criminal investigations and civil immigration enforcement actions.
BIA Finds IJ Should Consider Explanation for Absence of Evidence But Is Not Required to Identify Specific Evidence Needed
The BIA found that an IJ is not required to identify the specific evidence necessary to meet the burden of proof or to provide an automatic continuance for applicant to obtain that evidence prior to making a decision on that application. Matter of L-A-C-, 26 I&N Dec. 516 (BIA 2015)
CA8 Upholds Denial of a 13th Continuance for Petitioner with Sham Marriage
The court found that BIA did not abuse its discretion in denying a 13th continuance, where the petitioner was found to have entered into a sham marriage, never appealed that finding, and presented no evidence of any likelihood of an I-130 approval. (Mogeni v. Holder, 3/9/15)
EOIR Outlines Legal Standard for Evaluating “Reason to Believe”
Unpublished EOIR decision finding that an arriving immigrant must show through evidentiary factors that there is not "reasonable, substantial, and probative" evidence that supports an officer or IJ having a "reason to believe" he is knowingly involved in drug trafficking. Courtesy of Marshal Hyman.
Practice Advisory on Prosecutorial Discretion and How to Advocate for Your Client
The American Immigration Council updated its practice advisory, Prosecutorial Discretion: How to Advocate for Your Client, which provides practical tips for attorneys seeking to persuade DHS officers to exercise prosecutorial discretion in favor of their clients.