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
DOJ OIL February 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2015, with articles on Texas v. United States and the role of the Administrative Appeals Office (AAO), as well as USCIS updates and summaries of circuit court decisions for February 2015.
CA5 Denies Petition for Review Due to Insufficient Evidence
In a nonprecedential decision, the court denied the petition for review due to insufficient evidence to compel a different conclusion from that reached by BIA that petitioner and his family would be tortured if they returned to Mexico due to a property dispute. (Vasquez v. Holder, 1/30/15)
USCIS to Begin Accepting Requests for Expanded DACA on 2/18/15
USCIS alert that individuals can begin requesting DACA under the revised guidance established as part of President Obama’s executive actions on immigration on 2/18/15. USCIS also warns the public to be extra careful to avoid immigration scams.
AILA: Mass Detention of Asylum-Seekers is a Humanitarian Disaster
AILA statement submitted to the U.S. Commission on Civil Rights for a 1/30/15 briefing titled “State of Civil Rights at Immigration Detention Facilities.”
BIA Finds Pennsylvania Statute Does Not Categorically Involve Child Pornography
Unpublished BIA decision holds 18 Pa. Cons. Stat. 6312(d) is not an aggravated felony relating to child pornography, because it applies to possession of images that do not involve sexually explicit depictions of minors. Special thanks to IRAC. (Matter of Calderon, 1/30/15)
BIA Holds Deterrence of Future Migration Not Valid Basis to Deny Bond
Unpublished BIA decision denies DHS appeal of order granting $5,000 bond, stating "the extraordinary remedy of continued detention of the respondents without bond in order deter future waves of mass migration is not warranted." Special thanks to IRAC. (Matter of A-M-D-, 1/30/15)
AILA Notes from SCOPS Teleconference (1/21/15)
AILA notes from a teleconference with SCOPS on 1/21/15. Topics include DACA renewals, delays in green card production, RFE trends, H-1B petitions, derivatives’ applications separated from principals’ applications, G-28s in humanitarian reinstatement cases, and photo requirements.
AILA Law Student E-News, January 2015 (Vol. 7, No. 2)
This latest edition brings you how students can make a career out of their AILA membership, getting started in immigration law research, expert tips on succeeding in private practice, and a captivating piece on the now defunct Artesia detention center.
Ethical Issues in Representing Children in Immigration Proceedings
When representing children in removal proceedings, it is critical that attorneys always keep the child’s competence in mind when communicating, and use techniques that are uniquely suited to dealing with children. Learn more in this ethics article from AILA’s PPC.
CA8 Denies Petition for Review of Cancellation and Asylum Applications
The court upheld BIA’s denial of asylum, where petitioner failed to show he had a well-founded fear of persecution based on membership in a particular social group, as being perceived as wealthy because of U.S. residency is not a recognized social group. (Guerrero v. Holder, 1/29/15)
USCIS Information on the President’s Executive Actions on Immigration
USCIS information on the initiatives included in the President’s 11/20/14 executive actions on immigration, included are summaries of the planned initiatives by USCIS with who is eligible, what the initiatives will do, when a request can be made, and how to make that request.
AAO Sustained I-212 Waiver After Appeal Claims Field Office Applied Wrong Hardship Standard
In a non-precedent decision, the AAO reversed an I-212 waiver denial, finding applicant’s lack of criminal record, approved Form I -130, and hardship to both the applicant and her USC spouse outweigh her 53 days of being out of status and unauthorized employment. Courtesy of Daniel Shanfield
BIA Reverses Denial of Continuance to Submit Updated Evidence for Adjustment Application
Unpublished BIA decision remands for further consideration of respondent’s I-485, noting that his financial and medical documentation grew stale only because the IJ continued proceedings for three years on his own motion. Special thanks to IRAC. (Matter of Ibrahim, 1/28/15)
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.