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
CA8 Upholds BIA’s Denial of MTR for El Salvadoran Citizen
In an unpublished decision, the court found petitioner did not rebut the strong presumption that the hearing notice was delivered to him by certified mail, and he failed to present any previously unavailable evidence of changed country conditions. (Guevara-Ascencio v. Holder, 2/20/15)
BIA Holds Kentucky Fourth Degree Assault Not a CIMT
Unpublished BIA decision finds fourth degree assault under Kent. Rev. Stat. 508.030(1)(a) is not a CIMT, because the statute applies to reckless conduct and is not accompanied by aggravated factors. Special thanks to IRAC. (Matter of Trinh, 2/19/15)
TRAC Report Finds Prosecutors Continue to Use Discretion in Closing Immigration Court Cases
The Transactional Records Access Clearinghouse (TRAC) found that during January and February 2015, 8.3% of all Immigration Court completions were prosecutorial discretion (PD) closures (compared to an average of 6.7% since FY2012) and that usage of PD varies widely depending on the hearing location.
CA5 Finds Petitioner Did Not Demonstrate Past Persecution from FARC
In a nonprecedential decision, the court denied the petition for review, finding that because petitioner did not show the government of Columbia is working with, or unable or unwilling to control FARC, the evidence did not compel a finding of past persecution. (Villacis v. Holder, 2/19/15)
BIA Remands Record Sua Sponte to Consider Derivative Citizenship Claim
Unpublished BIA decision remands record sua sponte to consider whether LPR who previously served in U.S. Air Force derived citizenship from either of his parents. Special thanks to IRAC. (Matter of Scarry, 2/18/15)
TRAC Report Finds Representation is Key in Immigration Proceedings Involving Women with Children
A TRAC report on the processing of “women with children” cases by the Immigration Court, finding that deportation was ordered for 98.5% of the women with children who did not have legal representation. Of the 475 cases where an attorney was present, 26.3% have been allowed to stay.
AILA: Texas Judge Made the Wrong Call; Executive Action will be Upheld and Implemented
AILA President Leslie A. Holman responded to the decision by Texas federal judge Andrew Hanen to temporarily halt President Obama’s Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) and the expansion of the Deferred Action for Childhood Arrivals (DACA) initiative.
White House Statement on State of Texas v. U.S.A
Statement by the White House on district court preliminary injunction on lawsuit challenging expanded DACA and DAPA, stating that the “decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision.”
DHS Statement on District Court Ruling Concerning DAPA and Expanded DACA
DHS statement on the district court decision to temporarily enjoin the implementation of DAPA and expanded DACA. DHS will not begin accepting requests for the expansion of DACA on 2/18/15, as originally planned. Until further notice, DHS has also suspended the plan to accept requests for DAPA.
District Court Grants Preliminary Injunction in Lawsuit Challenging DAPA and DACA Expansion
A federal district court in Texas granted a preliminary injunction temporarily blocking the implementation of DAPA and the expansion of DACA in a lawsuit brought by 26 states. (State of Texas, et al v. U.S.A, 2/16/15)
CA1 Dismisses Petition for Judicial Review for Want of Jurisdiction
The court dismissed the petition for judicial review, finding “no hint of any cognizable constitutional claim or question of law” with regards to the IJ’s handing of his NACARA claim or the denial of his asylum and/or withholding of removal case. (Ramirez-Matias v. Holder, 2/13/15)
CA9 Remands Where Conviction Was Enhanced for Sentencing for Gang Activity
The court granted the petition for review, holding that petitioner’s conviction for weapons possession, when enhanced for sentencing purposes by a gang activity conviction, did not constitute a categorical crime involving moral turpitude. (Hernandez-Gonzalez v. Holder, 2/13/15)
CA7 Remands for Consideration of Availability of Corroborating Evidence
The court found the BIA did not adequately consider whether additional corroborating evidence confirming attacks against Zimbabwean petitioner was not reasonably available. (Sibanda v. Holder, 2/13/15)
NSC Liaison Q&As from Asylum/Refugee Issues Teleconference
The NSC Liaison Committee’s unofficial Q&As from the 2/12/15 stakeholder teleconference on refugee and asylum issues with NSC. Topics include document production, I-730s, defensive asylum applications, medical exams, G-28s, NCSC, and TRIG holds.
BIA Finds Chairez Only Applies if There Is No Contrary Authority in Relevant Circuit
The BIA remands to the IJ, finding that because the Tenth Circuit has taken an approach to divisibility different from that adopted in Matter of Chairez, the law of the Tenth Circuit must be followed in that circuit. Matter of Chairez-Castrejon, 26 I&N Dec. 478 (BIA 2015)
BIA on Definition of Legitimated Child
The BIA finds that a person born out of wedlock may qualify as a legitimated “child” if she was born in or had a residence in a country or State that eliminated all legal distinctions between children based on the marital status of their parents. Matter of Cross, 26 I&N Dec. 485 (BIA 2015)
BIA Holds Maryland Consolidated Theft Statute Not an Aggravated Felony
Unpublished BIA decision holds Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and because the statute is not divisible. Special thanks to IRAC. (Matter of Stewart, 2/11/15)
BIA Remands After Submission of Signed Law Enforcement Certification on Appeal
Unpublished BIA decision remands for further consideration of request for continuance after submission on appeal of signed law enforcement certification, Form I-918 Supplement B, indicating prima facie eligibility for a U visa. Special thanks to IRAC. (Matter of Dimas-Lopez, 2/10/15)
BIA Remands Proceedings for Reconsideration of Possibility of Internal Relocation
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of internal relocation, finding DHS must establish by a preponderance of the evidence that relocation is reasonable under the circumstances. Courtesy of Charles Spector.
CA10 on When a Reinstatement Order is Final
The court held where an alien pursues reasonable fear proceedings following reinstatement of a prior removal order, the reinstated order is not final until the reasonable fear proceedings are complete. (Luna-Garcia v. Holder, 2/10/15)
Amicus Alert: Luna-Garcia on When a Reinstatement Order is Considered Final
Amicus alert on the Tenth Circuit’s recent decision in Luna-Garcia v. Holder, in which the court held that where an alien pursues reasonable fear proceedings following reinstatement of a prior removal order, the reinstated order is not final until the reasonable fear proceedings are complete.
BIA Finds Attorney Provided Ineffective Assistance of Counsel in Numerous Ways
Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to advise respondent of need to submit updated medical examination and by saying IJ would arrest her if she did not accept voluntary departure. Special thanks to IRAC. (Matter of Arrendono, 2/9/15)
Examining the UAC-DACA Link: New Data Show Child Migrant Crisis Began Before DACA
A report from the Niskanen Center examines the link between unaccompanied alien children (UACs) and Deferred Action for Childhood Arrivals (DACA), finding that the increase in UACs began before DACA was even announced in June 2012.
BIA Finds Signing of Form I-407 Does Not Automatically Abandon LPR Status
Unpublished BIA decision vacates IJ decision finding respondent intended to abandon LPR status by signing Form I-407 and remands to consider issue under totality of the circumstances. Special thanks to IRAC. (Matter of Persaud, 2/6/15)
CBP Releases Instructions for Individuals in CBP Custody Contrary to Updated DHS Enforcement Priorities
CBP provided information for individuals in CBP custody contrary to the DHS enforcement priorities released on 11/20/14.