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
EOIR Releases FY2014 Statistics Yearbook
EOIR’s FY2014 yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provide detailed information surrounding asylum cases.
BIA Orders Remand to Assess Ineffective Assistance Claim
Unpublished BIA decision orders remand for consideration of ineffective assistance claim in light of limited fact-finding ability on appeal. Special thanks to IRAC. (Matter of Salgado-Gutierrez, 2/27/15)
BIA Finds IJ Erred in Denying Continuance to Await Adjudication of U Visa
Unpublished BIA decision ordered further consideration of request for a continuance pending adjudication of U visa, where IJ did not discuss basis for DHS’s opposition or the possibility that respondent would be granted a waiver. Special thanks to IRAC. (Matter of Torres-de Santiago, 2/27/15)
BIA Reopens Sua Sponte in Light of Descamps
Unpublished BIA decision reopening proceedings sua sponte in light of assertion that respondent’s 1997 attempted burglary conviction no longer constitutes a removable offense under Descamps v. United States. Special thanks to IRAC. (Matter of Nwagbo, 2/27/15)
ICE: 11/20/14 Enforcement Priorities Memo Is in Effect
AILA has received confirmation that ERO officers and OPLA attorneys have been instructed that the DACA/DAPA injunction has no impact on the 11/20/14 enforcement priorities memo and that ICE personnel are continuing to process individuals and litigate removal cases consistent with the memo.
H.R. 1148: Michael Davis, Jr. in Honor of State and Local Law Enforcement Act
On 2/27/15, Representative Gowdy (R-SC) introduced the Michael Davis, Jr. in Honor of State and Local Law Enforcement Act (H.R. 1148).
H.R. 1149: Protection of Children Act of 2015
On 2/27/15, Representative Carter (R-TX) introduced the Protection of Children Act of 2015 (H.R. 1149).
CA1 Says BIA Can Weigh Police Reports with Hearsay in Removal Proceedings
The court held there is no per se bar in considering police reports containing hearsay even though no conviction follows in discretionary relief removal proceedings. (Arias-Minaya v. Holder, 2/27/15)
CA2 Says BIA Erred in Applying Modified Categorical Approach
The court remanded, holding that BIA erred in its application of the modified categorical approach in determining whether petitioner’s convictions for first-degree sexual abuse under NY law constituted aggravated felonies relating to the sexual abuse of a minor. (Flores v. Holder, 2/26/15)
VOICE: March 2015
In the March 2015 VOICE, learn about pursuing one-parent SIJS, assuaging clients’ fears about DAPA, resisting the pressure to reduce your fees, preparing clients for marriage interviews, challenging improper G-28 rejections, and more!
BIA Rescinds In Absentia Order Due to Deficiency in Hearing Notice
Unpublished BIA decision rescinds the in absentia order, because the hearing notice did not state that it was mailed to the address listed in the Notice to Appear. Special thanks to IRAC. (Matter of Nunez, 2/25/14)
AILA Quicktake #121: The Latest on Executive Action Litigation
In this Quicktake, Beth Werlin, Director of Policy at the American Immigration Council, joins to discuss the latest with the litigation in Texas on expanded DACA and DAPA.
Letter to Senate Opposing S. 534 Introduced by Senator Collins
A 2/24/15 letter from AILA to the Senate expressing opposition to the Immigration Rule of Law Act of 2015 (S. 534) introduced by Senator Collins.
AAO Sustains Form I-212 Appeal After Expedited Removal
In an non-precedent decision, the AAO sustained an appeal of a Form I-212, finding that although applicant was removed in 2012 for being an intending immigrant, there is no indication she misrepresented her intentions or willfully violated her earlier admission. Courtesy of Carolyn Choi.
CA9 Upholds MTR Denial Where Plausibility of Cancellation Claim Not Shown
The court held that BIA did not abuse its discretion in refusing to reopen petitioner’s case due to ineffective assistance, because petitioner failed to make the necessary threshold showing that his claim for cancellation of removal was plausible. (Martinez-Hernandez v. Holder, 2/24/15)
CA10 Joins Other Circuits on Eligibility of 212(h) Waiver for Individuals Who Adjust Status
The court concluded that only persons who obtained LPR status before or when they entered the U.S. are barred from seeking a waiver under § 212(h) which renders them ineligible for waivers of inadmissibility those convicted of an aggravated felony. (Medina-Rosales v. Holder, 2/24/15)
CA7 Denies Asylum for Petitioner Who Made False Statements on Application
The court found IJ’s denial of petitioner’s asylum claim supported by the evidence, as she admitted to making false statements on her first asylum application and offered no documentary evidence or other corroboration for her revised asylum request. (Keirkhavash v. Holder, 2/23/15)
S. 534: Immigration Rule of Law Act of 2015
On 2/23/15, Senator Collins (R-ME) introduced the Immigration Rule of Law Act of 2015.
AILA Quicktake #116: UPDATED - Injunction Delays President Obama's Executive Actions
AILA President Leslie Holman discusses U.S. District Court Judge Hanen decision to issue an injunction against President Obama's proposed immigration executive actions that would expand DACA and create DAPA.
Emergency Expedited Motion to Stay Expanded DACA/DAPA Preliminary Injunction
The federal government filed an emergency expedited motion on the preliminary injunction entered on 2/16/15 concerning expanded DACA and DAPA, requesting that the court stay, pending appeal, its 2/16/15 Order, or in the alternative, stay its Order beyond application in Texas.
AILA Quicktake #117: Judicial Victory Protects Central American Mothers and Children
American Immigration Council's Legal Director Melissa Crow shares details of a U.S. District Judge's decision to enjoin the federal government from detaining Central American mothers and children for the purpose of deterring future immigration.
BIA Splits on Requirements for Receipt of Stolen Property
Over dissenting opinion, unpublished BIA decision holds that receipt of stolen property under Fla. Stat. 812.019(1) is an aggravated felony, even though defendants need not know the property in question was stolen. Special thanks to IRAC. (Matter of Rios, 2/20/15)
District Court Grants Preliminary Injunction and Class Certification in Detention Case
The court certified as a class Central American mothers and kids who are/will be found to have credible fear and are eligible for release, and granted a preliminary injunction to prevent DHS from the detaining class members to deter future immigration. (R.I.L-R, et al., v. Johnson, 2/20/15)
AILA: Judicial Victory for Detained Asylum Seekers
AILA President Leslie A. Holman welcomed the decision by federal judge James Boasberg who “took a huge step in protecting Central American mothers and children who have made out strong claims for asylum in preliminary hearings with federal asylum officers.”
CA5 Denies Petition for Review, Finding Persecution Not Politically Motivated
In a nonprecedential decision, the court found that substantial evidence supported the IJ and BIA’s conclusion that any past harm petitioner suffered at the hands of the Guinea government was not on account of an imputed political opinion. (Diallo v. Holder, 2/20/15)