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
TRAC Report Finds Immigration Court Filings Rise by 12%
TRAC report finding that during FY2014, DHS filed 222,956 removal orders in immigration court, up 12.2% from FY2013. Despite the increase, there was a substantial drop in the removals based on allegations of criminal activity. Only 20,217 of the total FY2014 filings were based on a criminal offense.
AILA Quicktake #109: Artesia Closing
Lead attorney for the Artesia Pro Bono Project Christina Brown shares what's happening on the ground in Artesia after ICE’s announcement that the Artesia family detention will be closed as a larger facility in Dilley, Texas, opens.
CA9 Says BIA Erred in Concluding California Spousal Abuse Is a CIMT
The panel held the BIA erred by looking to evidence outside the record of conviction to conclude that petitioner was convicted of spousal abuse under California Penal Code §273.5(a), and also remanded to consider if he was eligible for petty offense exception. (Vargas v. Holder, 11/19/14)
CA4 Says Stop-Time Rule Has Impermissible Retroactive Effect on 1995 Theft Offense
The court remanded, finding that the 1996 stop-time rule of INA §240A(d)(1) had an impermissible retroactive effect on petitioner’s 1995 credit card theft offense and he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jaghoori v. Holder, 11/18/14)
Practice Pointer: Raising DACA Cases Denied Because of Administrative Error
NSC Liaison Committee practice pointer on how to raise DACA cases that are denied because of administrative error.
AILA: Administration’s Shell Game Doesn’t Change the Need to End Inhumane Family Detention
As ICE announced the imminent closure of the Artesia, NM detention facility and the shift to new facilities in Texas, AILA Executive Director Crystal Williams stated, “All this does is move the shame of detaining children and their mothers to a different state without solving a single problem.”
ICE To Close Artesia, Moves Forward with Opening Dilley
ICE press release announcing that as of 11/7/14, ICE ceased intake of individuals at the Artesia detention center and has begun the draw-down process to cease operations at Artesia by the end of 2014. ICE plans to open a new family detention center in Dilley, Texas in December 2014.
Letter to President Obama on Family Detention and Executive Action
A 11/18/14 letter from AILA and 135 advocacy, legal, service and other organizations to President Obama urging him to address the fundamental problems with the detention and expedited deportation of children and their mothers as he considers taking executive action to reform the immigration system.
BIA Terminates Proceedings In Interest of Justice Despite Prior Concession of Removability
Unpublished BIA decision terminates proceedings in the interest of justice and despite prior concession of removability by pro se respondent upon finding misdemeanor assault under Ariz. Rev. Stat. 13-1203(a)(1) is not a crime of violence. Special thanks to IRAC. (Matter of N-V-, 11/18/14)
AILA Liaison/NBC Q&As (11/18/14)
Q&As from the AILA NBC Liaison Committee’s 11/18/14 meeting with USCIS National Benefits Center. Topics include: new initiatives and staffing changes; I-601A adjudication, RFEs and denials; I-191s; interview-waiver and VAWA adjustment of status cases; G-28 issues and I-824 processing.
AILA Comments on EOIR Proposed Rule on Separate Representation for Custody and Bond Proceedings
AILA’s comments in response to EOIR’s proposed rule, published in the Federal Register on 9/17/14, to allow a representative before EOIR to enter an appearance in custody and bond proceedings, without such appearance constituting an entry for all of the respondent’s proceedings.
NIJC Infographic Showing How Erroneous Expedited Removals Derail Future Asylum Claims
Infographic created by NIJC to illustrate how CBP officers’ failure to properly screen individuals to determine whether they have a fear of returning to their home countries can lead to erroneous expedited removals and derail future asylum claims.
CA8 Says Petitioner Did Not Present Sufficient Evidence of Fourth Amendment Violations
The court found petitioner did not present sufficient evidence that the officer egregiously violated his Fourth Amendment rights, and the lack of opportunity to cross examine the immigration officer who prepared Form I-213 did not deny him due process. (Chavez-Castillo v. Holder, 11/17/14)
CA4 Upholds Asylum Denial for Indonesian Christian
The court held substantial evidence supported the BIA’s determination that petitioner did not qualify for asylum as a Christian Indonesian, and that accounts in country reports and articles with her application were insufficient to compel a contrary conclusion. (Mulyani v. Holder, 11/14/14)
CA4 Declines to Review Motion to Reopen for Chinese Male Petitioner
The court found that the BIA’s reliance on the 2007 DOS Country Profile was reasonable and the BIA did not abuse its discretion in determining that the petitioner’s submissions did not establish changed country conditions in China related to the one-child policy. (Lin v. Holder, 11/14/14)
CA9 Says BIA Can Reopen Removal Proceedings for Opportunity to Pursue Adjustment Application
The court declined to defer to Matter of Yauri and held the BIA has authority to reopen proceedings to an arriving alien who is under a final order of removal in order to afford him/her an opportunity to pursue an adjustment application before USCIS. (Singh v. Holder, 11/13/14)
GAO Report on Alternatives to Detention
GAO report on ICE’s Alternatives to Detention (ATD) program, which increased its enrollment from 32,065 in FY2011 to 40,864 in FY2013. This report addresses trends in ATD program participation and oversight to help ensure cost-effective program implementation. Report also provides recommendations.
AILA Quicktake #107: DACA Delays and Renewals
AILA member and Chair of AILA's Media Advocacy Committee Maurice Goldman shares information on the DACA renewal process, potential difficulties with delays, and helpful resources for AILA members.
AILA, NIJC, and Others File CRCL Complaint Reporting Serious Flaws in CBP Fear Screening
Complaint filed with the DHS Office of Civil Rights and Civil Liberties (CRCL) by NIJC, AILA, and others reporting that CBP officers regularly fail to properly screen individuals to determine whether they have a fear of returning to their home country.
BIA Orders Further Consideration of Realistic Probability for Maryland Credit Card Theft
Unpublished BIA decision orders further consideration of realistic probability that Maryland credit card theft statute would be applied to defendants who did not intend to deprive the cardholder of its use. Special thanks to IRAC. (Matter of Jandres-Aguiluz, 11/13/14)
VOICE: November 2014
In the November 2014 VOICE, learn about the ethics of competent client representation, the tremendous value of an AILALink subscription, one lawyer’s contentment after switching to appellate practice, and more!
AILA Notes from SCOPS Teleconference (11/12/14)
AILA notes from a teleconference with SCOPS on 11/12/14. Topics include consular return processing times, attorney change of address, RFE templates, DACA renewal processing times, interim EADs, and I-140s.
TRAC Report Finds Immigration Detainers Decline 39% Since FY2012
Transactional Records Access Clearinghouse (TRAC) report finding from the end of FY2012 through March 2014, there was a 39% decrease in the number of ICE detainers sent to local, state, and federal law enforcement officials. This decline translates into around 9,000 fewer ICE detainers per month.
CRS Report on Legal Authority for Executive Discretion in Immigration
Congressional Research Service (CRS) report with a legal overview of the president’s authority for executive discretion over immigration matters. Report includes statutory authority for granting benefits or relief, discretion in enforcement, and discretion in interpreting and applying statutes.
BIA Orders Further Consideration of Fraud Claim
Unpublished BIA decision orders further consideration of whether respondent was inadmissible at time of adjustment for failing to disclose children fathered with another woman on Form I-485. Special thanks to IRAC. (Matter of Amwoma, 11/10/14)