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 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 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 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)
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 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)
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.
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)
DHS Notice on Providing Executive Action Feedback
DHS provided a notice with links to the public feedback mechanisms for questions about the new DHS enforcement priorities, the expanded deferred action programs, or if an individual believes they are eligible for one of the new initiatives.
DHS OIG Report on ICE Alternatives to Detention
DHS OIG issued a report on the ICE Intensive Supervision Appearance Program and provided five recommendations aimed at improving ICE’s management of its alien release decisions and terms of release.
USCIS Executive Summary from DACA Expansion Teleconference
USCIS executive summary from the 1/13/15 teleconference discussing the expansion of DACA.
BIA Remands After Submission of Divorce Certificate on Appeal
Unpublished BIA decision remands record for consideration of waiver under INA 216(c)(4)(A) in light of submission on appeal of divorce certificate that prior attorney erroneously said did not exist. Special thanks to IRAC. (Matter of Cubero, 2/4/15)
BIA Takes Administrative Notice of Information in Internal CASE Database
Unpublished BIA decision reopens proceedings sua sponte after taking administrative notice of record in internal CASE database that respondent appeared at immigration court window on date of hearing and received an in absentia order. Special thanks to IRAC. (Matter of Salcido-Rocha, 2/4/15)
House Judiciary Hearing on Enforcing Nation’s Immigration Laws
A 2/3/15 hearing in the House Judiciary Committee on, “Examining the Adequacy and Enforcement of Our Nation’s Immigration Laws."
CRS Report on Foreign National Removals and Returns
A Congressional Research Service report on the removal process for a foreign national, including reasons for removal, alternative forms of removal (returns), statistics, and relief from removal.
CRCL Newsletter, February 2015 (Vol. 5, No. 5)
The Office for Civil Rights and Civil Liberties (CRCL) released its February 2015 newsletter, which included articles on the DHS FY2016 budget, CRCL’s role in executive actions, CRCL monitoring of conditions at family detention centers, E-Verify videos, and more.
VOICE: February 2015
In the February 2015 VOICE, learn about ethically representing children in removal proceedings, contesting restitution and loss findings in aggravated felony cases, 10 tips to help combat notario fraud, and more!
USCIS Updates Fliers on Expanded DACA and Preparing for DAPA
USCIS provides two new fliers on expanded DACA and DAPA. Both flyers are available on USCIS’s website for free and are available in English and Spanish. The fliers highlight that expanded DACA will be available on 2/18/15 and that DAPA will be available in mid-to-late May.
EOIR Immigration Court Closings for 2014
EOIR alert that the Chicago, Detroit, Fishkill, Hartford, Omaha, and Ulster Immigration Courts are closed on 2/2/15. The Newark and Elizabeth Immigration Courts opened at 9:30am and the Boston and Cleveland Immigration Courts opened at 10am on 2/2/15.
Immigration Law Advisor, February 2015 (Vol. 9, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on asylum and withholding of removal claims involving corruption and whistleblowing, as well as circuit court decisions for January 2015, recent BIA precedent decisions, and a regulatory update.