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
CA9 Says Arizona Felony Endangerment Is a CIMT
The court upheld the BIA’s finding that Arizona Revised Statute §13-1201 is a crime involving moral turpitude (CIMT) and creation of a substantial, actual risk of imminent death is sufficiently reprehensible to establish a CIMT, although no actual harm need occur. (Leal v. Holder, 11/6/14)
CA9 Says Arizona Identity Fraud Offense Is a CIMT Under Modified Categorical Approach
The court held that a conviction under Arizona Revised Statutes §13-2008(A) is not a categorical crime involving moral turpitude (CIMT), but under the modified categorical approach, stealing a real person’s identity to obtain employment is a CIMT. (Ibarra-Hernandez v. Holder, 11/5/14)
CA9 Says IJ Erred in Denying Continuance to Submit Additional Arrest Documents
The court held the IJ abused her discretion in denying a continuance to submit into evidence additional arrest documents to prove past persecution since the reasoning was based on legal error and was inconsistent with factors set forth in Peng v. Holder. (Owino v. Holder, 11/4/14)
BIA Reopens Proceedings Due to Advisory Opinion from Attorney for Local Sheriff’s Office
Unpublished BIA decision reopens proceedings in light of advisory opinion from general counsel of Tulsa County (Okla.) Sheriff's Office supporting argument that 21 Okla. Stat. 1289.13 is not a categorical firearms offense. Special thanks to IRAC. (Matter of Vidales-Moreno, 11/4/14)
AILA New Members Division E-News, November 2014 (Vol. 6, Issue 5)
This latest edition brings you expert practice tips related to preparing your client for the I-9 audit, parole in place for immediate family members of active duty military members, the registry for longtime, undocumented residents, and post-conviction relief in California.
AILA Quicktake #105: Fighting for Asylum in Artesia
AILA member and three-time Artesia volunteer Eileen Sterlock discusses her experience with an asylum merits hearing from the Artesia family detention center. To volunteer in Artesia, visit www.aila.org/beavolunteer.
CA3 Upholds BIA Finding that Stop-Time Rule Was Not Impermissibly Retroactive
The court affirmed the BIA’s ruling that the stop-time rule was not impermissibly retroactive as applied to the 1995 controlled substance offense, as the stop-time rule did not pose a “new disability” under Landgraff on the past conduct. (Guzman v. Att'y Gen., 11/3/14)
CA2 Says Persecutor Bar Prevents Chinese Petitioner from Seeking Asylum
The court found the record evidence sufficient to support a finding that petitioner assisted in persecution and was ineligible for asylum, since for two decades she reported women with unauthorized pregnancies, knowing they would be subjected to forced abortions. (Meng v. Holder, 11/3/14)
DOD Fact Sheet on MAVNI Program Eligibility
A November 2014 DOD fact sheet on Military Accessions Vital to National Interest (MAVNI) program eligibility, including individuals granted DACA.
Immigration Law Advisor, October 2014 (Vol. 8, No. 8)
The October 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the shifting burdens of immigration law, circuit court decisions for September 2014, recent BIA precedent decisions, and a regulatory update.
United States Attorneys’ Bulletins (November 2014, Vol. 62, No. 6)
The November 2014 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to border issues, including the Southwest Border Districts, notario fraud issues, and prosecuting marriage fraud conspiracies.
DHS OIG Report on Unresolved Recommendations as of 9/30/14
DHS Office of the Inspector General (OIG) report on DHS open unresolved recommendations over six months old as of 9/30/14 that require action, including recommendations on CBP’s implementation of the Western Hemisphere Travel Initiative and managing mental health cases in immigration detention.
AILA Quicktake #104: Artesia Tour of Duty
AILA President-Elect Victor Nieblas spent a week on the ground in Artesia volunteering with the Pro Bono Project. In this Quicktake, he shares his experiences on his Tour of Duty. To volunteer at Artesia, go to www.aila.org/beavolunteer. Can't volunteer? Donate at www.aila.org/helpthevolunteers
BIA Grants Motion to Reopen Due to Changed Conditions in Ukraine
Unpublished BIA decision granting the Motion to Reopen due to changed country conditions in Ukraine, and remanded for the respondent to present evidence in support of his application for asylum, withholding, and protection under CAT. Courtesy of Mark J. Devine.
BIA Says Form I-9 Is Admissible as Evidence in Removal Proceedings
The BIA held that a Form I-9, Employment Eligibility Verification, is admissible in immigration proceedings to support charges of removability against a noncitizen and to determine his or her eligibility for relief from removal. Matter of Bett, 26 I&N, Dec. 437 (BIA 2014)
District Court Orders DHS to Provide Mental Health Screenings for Detainees in Three States
District court order requiring DHS to provide mental health screenings and assessments for individuals in detention centers in California, Washington, and Arizona, within 90 days of the entry of the order. (Franco-Gonzalez v. Holder, 10/29/14)
CA4 Finds IJ Conflated Adverse Credibility with Fraud and Willful Misrepresentation
The court vacated the BIA’s decision and remanded, finding that the IJ committed legal error by conflating adverse credibility with fraud and willful misrepresentation and that the willful representation ruling was not supported by substantial evidence. (Yang v. Holder, 10/29/14)
CA9 Says Arizona Fraud Conviction Involving Employment Application Is a CIMT
The court held that the petitioner’s conviction under Arizona Revised Statutes §13-2002 constituted a crime involving moral turpitude (CIMT) since the statute criminalized conduct that constituted fraud, and Beltran-Tirado was inapplicable. (Espino-Castillo v. Holder, 10/29/14)
CRS Policy Overview of Legal Permanent Immigration to the U.S.
Congressional Research Service report on legal permanent immigration law, policies, and trends, providing a backdrop for the policy options and debates that may emerge as Congress considers a revision of the legal immigration system.
DHS Exercises Prosecutorial Discretion for Respondent Who Made False Claim to Citizenship
Unpublished BIA decision administratively closes proceedings after DHS favorably exercises prosecutorial discretion for respondent who was ineligible to adjust status because she falsely claimed to be a U.S. citizen on numerous Form I-9s. Special thanks to IRAC. (Matter of Amwayi, 10/28/14)
BIA Orders Consideration of Evidence Submitted on Flash Drive
Unpublished BIA decision orders IJ to consider video evidence submitted on flash drive that purportedly supports allegations that respondent was subject to pretextual traffic stop. Special thanks to IRAC. (Matter of Fuentes, 10/28/14)
CA9 Declines to Review BIA Decisions Relating to California Drug Offense
The court denied the petition for review of three decisions by the BIA, culminating in the BIA’s conclusion that the prior conviction of sale of a controlled substance under California Health and Safety Code §11378 is an aggravated felony. (Padilla-Martinez v. Holder, 10/27/14)
House Democrats Press DHS Against Expansion of Family Detention System
A 10/27/14 letter from 32 House Democrats, led by Rep. Zoe Lofgren (D-CA), to President Obama opposing expansion of the family detention system, citing concerns with the no-bond/high-bond policy, the disparity in credible fear interview rates, and the lack of child care in the facilities.
CA8 Holds Minnesota Offense of Making Terroristic Threats Is a CIMT
The court held the BIA permissibly categorized petitioner’s offense of making terroristic threats in violation of Minnesota statute §609.713 subd. 1 as a crime involving moral turpitude (CIMT) and did not err in concluding he was ineligible for cancellation. (Avendano v. Holder, 10/27/14)
Practice Pointer: Keeping Your EOIR eRegistry Account Active
At the October 23, 2014 AILA EOIR Liaison Committee meeting, EOIR clarified several key aspects of its eRegistry program for attorneys, including how to keep an account active and how to reactivate an account. EOIR also advised the committee on upcoming features that will be added to the portal.