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
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)
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)