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
DOS and DHS Launch Awareness Campaign on Executive Action on Immigration
DOS and DHS “Executive Action on Immigration: Know the Facts” awareness campaign, a national and international effort aimed at the Mexican and Central American public, explaining how DAPA will be implemented and who is eligible, in an effort to dispel potential misinformation.
BIA Says IJ Erred in Determining 42 USC §408(a)(8) Conviction Is a CIMT
Unpublished BIA decision reversing IJ’s decision to pretermit the cancellation application because petitioner was convicted of a CIMT, holding that neither fraud or deceit, or impairing the function of government are inherent in the statutory language of 42 USC §408(a)(8). Courtesy of Paul Scott.
BIA Holds Sexual Misconduct in Kentucky Not an Aggravated Felony or CIMT
Unpublished BIA decision holds sexual misconduct under Kent. Rev. Stat. 510.140 is not an aggravated felony rape offense and is not a CIMT because it can apply to voluntary sexual intercourse between closely aged minors. Special thanks to IRAC. (Matter of Delgado, 1/2/15)
BIA Holds Use of Another’s Social Security Number Not a CIMT
Unpublished BIA decision finds disclosure and use of another's Social Security number under 42 U.S.C. 408(a)(8) is not CIMT because neither offense does not require fraud, deceit, or impairing the function of the government. Special thanks to IRAC. (Matter of S-G-G-, 1/2/2015)
Immigration Law Advisor, January 2015 (Vol. 9, No. 1)
The January 2015 Immigration Law Advisor, a legal publication from EOIR, includes an article on issue preclusion in immigration, summaries of circuit court decisions for December 2014 and calendar year 2014 totals, summaries of recent BIA precedent decisions, and a regulatory update.
DOJ OIL January 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2015, with an articles on Husic v. Holder and the AAO's publication of its practice manual, as well as summaries of circuit court decisions for January 2015.
Practice Pointer: Challenges and Strategies Beyond Relief
AILA provides a practice pointer from the 2014-15 edition of Immigration Practice Pointers with guidance for attorneys with clients in removal proceedings including challenging the Notice to Appear and the Form I-213, timing and using motions to suppress, and making due process challenges.
CA11 Remands USCIS Determination of Petitioner’s Inability to Adjust Status Under the CAA
The court held neither INA §242(a)(2)(B)(i) nor 8 CFR §§245.2(a)(5)(iii) and 1245.2(a)(5)(iii) bar an alien from seeking review from a district judge of the USCIS determination that the alien is statutorily ineligible to adjust under the Cuban Adjustment Act (CAA). (Perez v. USCIS, 12/19/14)
BIA Orders Further Consideration of Provisional Waiver Despite Prior DUI Conviction
Unpublished BIA decision remands record for consideration of whether respondent, who was previously convicted of driving under the influence, would qualify for a provisional waiver (Form I-601A). Special thanks to IRAC. (Matter of Albarracin, 12/30/14)
CA5 Holds Public Lewdness Under Texas Penal Code §21.07 Is Not a CIMT
The court held that because public lewdness under Texas Penal Code §21.07 is divisible into discrete subsections of turpitudinous acts and non-turpitudinous acts, the petitioner’s offense under that statute is not categorically a CIMT. (Cisneros-Guerrerro v. Holder, 12/29/14)
Immigration, Civil Rights, and Labor Groups Join Legal Effort to Defend President’s Executive Action on Immigration
AILA joined the American Immigration Council and other immigration, civil rights, and labor groups on an amicus brief in the case, State of Texas vs. United States, opposing the states’ request for a preliminary injunction against the Obama Administration’s new deferred action initiatives.
Helping to Free Moms and Kids from Artesia, Part 2
In this second segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Kim Hunter shares her client's story of winning asylum while in Artesia and discusses what it is like spending the holidays in a family detention center.
CA11 Remands for BIA to Consider All Types of Abuse in Religious Persecution Claim
The court remanded for the BIA to clarify whether it considered all the types of abuse unique to religious persecution, including both non-physical and physical harm, in light of Shi v. Att’y Gen., when it denied the claim of past persecution. (Huang v. Holder, 12/24/14)
District Court Dismisses Sheriff Arpaio’s Challenge to Executive Action
Memorandum opinion denying Sheriff Joseph Arpaio’s motion for preliminary injunction and granting the government’s motion to dismiss for lack of subject matter jurisdiction.
District Court Allows Identities of Immigration Judges to Remain Redacted in FOIA Litigation
A district court granted EOIR’s summary judgment motion on the redaction of judges’ personal identifying information and also on the release of the complaint resolutions. The court ordered the release of any non-responsive information previously withheld. (AILA v. EOIR, 12/24/14)
CA4 Reverses and Remands, Says Virginia Grand Larceny Conviction Is Not an Aggravated Felony
The court held the use of the word “or” did not render the crime divisible, the modified categorical approach did not apply, and under the categorical approach, the conviction under Va. Code Ann. §18.2-95 was not an aggravated felony theft offense. (Omargharib v. Holder, 12/23/14)
BIA Holds Kentucky Fourth Degree Assault is Not a Crime of Violence
Unpublished BIA decision holds fourth degree assault under Ky. Rev. Stat. 508.030(1)(a) is categorically not a crime of violence because a jury would not have to unanimously agree on whether a defendant acted intentionally or recklessly. Special thanks to IRAC. (Matter of Warmels, 12/23/14)
USCIS Idea Community Looking for Feedback on DACA
USCIS requests feedback on the DACA renewal process and the extended DACA validity period through the USCIS Idea Community. Feedback will be accepted from 12/23/14 through 12/29/14.
District Court Holds Petitioner's Detention Is Governed by INA §236(a)
The court granted the petitioner's request for a bond hearing, holding that the reinstated removal order issued against the petitioner was not administratively final, and thus that his detention was governed by INA §236(a), not INA §241. (Guerra v. Shanahan, 12/23/14)
Helping to Free Moms and Kids from Artesia, Part 1
In this first segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Lisa Laurel Weinberg shares her client's story of winning asylum while in the Artesia family detention center.
BIA Holds Florida Criminal Mischief Not a CIMT
Unpublished BIA decision holds criminal mischief under Fla. Stat. 806.13(1)(a) is not a CIMT because the statute has been applied to conduct that is not inherently base, vile, or depraved. Special thanks to IRAC. (Matter of Patrana, 12/22/14)
BIA Reverses Discretionary Denial of Adjustment
Unpublished BIA decision reverses discretionary denial of adjustment application upon finding respondent’s positive equities outweighed his conviction for driving while intoxicated and more than $1,200 in student debt. Special thanks to IRAC. (Matter of Misumi, 12/22/14)
CA11 Says Beneficiary of Approved I-140 Has Standing to Challenge I-140 Revocation
The court vacated and remanded, holding that an alien who is the beneficiary of an approved I-140, has applied to adjust, and ported under INA §204(j), has standing to challenge the revocation of an I-140 petition. This amends the 9/22/14 decision. (Kurapati v. USCIS, 12/22/14)
CA7 Says Wisconsin Conviction for Fleeing or Eluding a Police Officer Is a CIMT
The court upheld the BIA’s determination that the petitioner’s conviction for fleeing or eluding a police officer in violation of Wisconsin Statute §346.04(3) categorically constituted a crime involving moral turpitude (CIMT). (Cano-Oyarzabal v. Holder, 12/22/14)
DHS Releases End of Year Statistics for FY2014
DHS announcement on release of year end statistics for FY2014, including reports from ICE and CBP, finding that ICE had a total of 315,943 removals or returns, and CBP made 486,651 apprehensions, and both apprehensions and removals of Guatemalan, Honduran, and El Salvadorian nationals increased.