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
USCIS Credible Fear and Reasonable Fear for Family Facilities from July 2014 to January 2015
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in family detention facilities: Artesia, Berks, Dilley, and Karnes from July 2014 through January 2015.
CA4 Says Asylum Denial Based on Adverse Credibility Finding Is Not Supported by Substantial Evidence
The court held that the rejection of the petitioner’s asylum application, based largely on an adverse credibility finding, was not supported by substantial evidence. (Ilunga v. Holder, 1/27/15)
CA8 Says Form I-9 Is Admissible as Evidence in Removal Proceedings
The court found that an I-9 form can serve as evidence of a false claim of U.S. citizenship in a removal proceeding and the record supported the BIA’s finding that petitioner failed to meet his burden of showing he did not make a false claim of U.S. citizenship. (Mayemba v. Holder, 1/13/15)
CA2 Remands Asylum Denial for Korean Evangelical Christian from Kyrgyzstan
The court found the IJ and BIA failed to explain why the violence petitioner suffered was insufficiently egregious to constitute persecution and failed to consider record evidence that tended to prove the Kyrgyz police are unwilling or unable to protect him. (Pan v. Holder, 1/26/15)
Practice Advisory on Motions to Suppress in Removal Proceedings
The American Immigration Council provides a practice advisory that discusses issues, strategies, and procedures relating to the filing of motions to suppress in removal proceedings.
BIA Orders Further Consideration of Abandonment of LPR Status
Unpublished BIA decision finds DHS did not prove that respondent intended to abandon LPR status while in Yemen because he was incarcerated for numerous years, and remands for clarification of date of release from prison. Special thanks to IRAC. (Matter of Otaifah, 1/26/15)
CA10 Says Petitioner Bears Burden of Proof on Adjustment Eligibility
The court found that petitioner did not meet his burden to establish there was no reason to believe he had been a drug trafficker and thus ineligible for adjustment, and that BIA did not abuse its discretion by denying his motions to reopen and reconsider. (Mena-Flores v. Holder, 1/23/15)
CA4 Says MD First-Degree Arson Is an Aggravated Felony
The court held a Maryland first-degree arson conviction qualified as an aggravated felony under INA §101(a)(43)(E), despite the absence of the federal jurisdictional element requiring that the destroyed property be used in interstate or foreign commerce. (Espinal-Andrades v. Holder, 1/22/15)
BIA Says IJ Should Have Granted Continuance to Await Response to FOIA Request
Unpublished BIA decision remands for further consideration of adjustment application and says IJ should have granted further continuance to await response to FOIA request regarding manner in which respondent entered the country. Special thanks to IRAC. (Matter of Johnson, 1/22/15)
CA6 Reverses BIA's Rejection of New Evidence from Rwandan Petitioner
The court held that BIA abused discretion in rejecting petitioner's unsworn letters of support and that BIA could not reject letters written by interested witnesses, since the witnesses would likely have relevant information and be subject to cross-exam in a MTR. (Uwineza v. Holder, 1/21/15)
BIA Says Physical Brutality Not Required for Egregious Fourth Amendment Violation
Unpublished BIA decision remands for further consideration of motion to suppress where IJ improperly suggested that arresting officers must engage in physical brutality to commit an "egregious" Fourth Amendment violation. Special thanks to IRAC. (Matter of Castro, 1/21/15)
TRAC Report Finds Immigration Court Processing Times Fall for Honduras, Guatemala, and El Salvador
TRAC report finding average processing times for individuals from El Salvador dropped from an average of 403 days in FY2014 to 291 days in the first quarter of FY2015. Average processing times for Guatemalans fell from 422 days to 349 days, and 275 days to 200 days for those from Honduras.
AILA New Members Division E-News, January 2015 (Vol. 6, Issue 6)
This latest edition of AILA’s newsletter targeted at new members includes expert tips for when your detained client is a U.S. citizen, an overview on how other nations are luring foreign investors, California’s AB60, DOL’s re-evaluation of PERM, and exploring the U visa.
USCIS Reminder for Requesting DACA
USCIS reminder that Form I-765 and required fees must be submitted with initial and renewal DACA requests. USCIS advises submitting DACA renewal requests between 150 and 120 days before the expiration date. USCIS’s processing goal is 120 days; inquiries can be submitted 105 days after filing.
CA1 Denys Petitions for Review After Petitioner Was Ordered Removed in Absentia
The court denies petitions for review, finding that any error on the mailing address used by the immigration court was petitioner’s error and that the IJ did not error when finding petitioner was not entitled to exception to the filing deadline due to lack of notice. (Wan v. Holder, 1/20/15)
EOIR Grants Asylum to Corruption Protester
An IJ granted asylum to the co-founder of an organization of asylum-seekers fleeing Mexico because of drug-related violence after respondent demonstrated he was a very visible advocate for justice and transparency in Mexico and an opponent of government corruption. Courtesy of Carlos Spector.
AILA ICE Liaison Committee Meeting Q&As (1/20/15)
AILA ICE Liaison Committee questions and answers from the 1/20/15 liaison meeting with ICE, including information on DHS enforcement priorities, prosecutorial discretion, DACA/DAPA, biometrics, the RCA, mentally incompetent detainees, LGBT detainees, expedited dockets, and family detention.
BIA Remands to Consider Appointment of Counsel Based on Mental Incompetency
Unpublished BIA decision remands proceedings to let IJ re-assess respondent’s mental competency and need for safeguards including presence of counsel as he may be a member of the class certified in Franco-Gonzales v. Holder. Special thanks to IRAC. (Matter of Manzano, 1/20/15)
BIA Finds Attorney Provided Ineffective Assistance By Missing Deadline to File I-589
Unpublished BIA decision reopens proceedings due to ineffective assistance of counsel due to prior attorney’s failure to file asylum application by required deadline. Special thanks to IRAC. (Matter of Singh, 1/20/15)
AILA Quicktake #114: Beginning Arguments of Texas Lawsuit
American Immigration Council's Melissa Crow sits down to discuss what happened at Thursday's hearing, the beginning arguments on the lawsuit filed by Texas and 20-some other states seeking to negate President Obama’s executive actions on immigration.
BIA Grants Change of Venue After Interlocutory Appeal
Unpublished BIA decision granting respondent's interlocutory appeal challenging IJ’s denial of an unopposed motion to change venue, finding good cause for change from Dallas to New York due to proximity to his residence and witnesses. Special thanks to IRAC. (Matter of Sinchi-Sinchi, 1/16/15)
BIA Reopens Proceeding Based on Recent Marriage to U.S. Citizen
Unpublished BIA decision reopens proceedings over DHS opposition in light of recent marriage to U.S. citizen and filing of visa petition on respondent’s behalf. Special thanks to IRAC. (Matter of Bitzos, 1/15/15)
CA8 Affirms BIA’s Denial of Withholding and CAT Relief for Chinese Petitioner
The court upheld the BIA’s denial of withholding and CAT relief, finding that substantial evidence supported the BIA’s determination that petitioner failed to demonstrate it was more likely than not that she would be persecuted or tortured if she returned to China. (Chen v. Holder, 1/15/15)
CA4 Holds Unauthorized Use Under Va. Code § 18.2-102 Is Not an Aggravated Felony
The court vacated the removal order, holding that because there is a realistic probability Virginia would apply its unauthorized use statute, Va. Code § 18.2-102, to conduct that falls outside the BIA’s definition of theft offense, it is not an aggravated felony. (Castillo v. Holder, 1/14/15)
BIA Deems Application Submitted by Fax Abandoned
Unpublished BIA decision finds respondent abandoned request for 211(b) waiver because his attorney improperly filed Form I-193 by fax with the immigration court rather than as a paper submission. Special thanks to IRAC. (Matter of Gumbs, 1/13/15)