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
BIA on Time Period for Establishing Extreme Hardship Under INA §216(c)(4)(A)
The BIA held that to establish eligibility for a waiver under INA §216(c)(4)(A), the period to determine whether removal would result in extreme hardship is the two-year period for which the alien was admitted as a conditional permanent resident. Matter of Munroe, 26 I&N Dec. 428 (BIA 2014)
CA9 Says Arizona Conviction for Criminal Impersonation Is a CIMT
The court held that petitioner’s conviction for criminal impersonation by assuming a false identity with intent to defraud, in violation of Arizona Revised Statutes §13-2006(A)(1), is categorically a crime involving moral turpitude (CIMT). (Hernandez de Martinez v. Holder, 10/24/14)
CA6 Applies Camarillo, Says Defective NTA Suffices for Triggering Stop-Time Rule
The court denied the petition, deferring to the BIA’s decision in Matter of Camarillo that the ten-year clock stops running upon service of the notice to appear (NTA), even if it fails to tell the individual when the hearing will occur. (Gonzalez-Garcia v. Holder, 10/24/14)
VSC Meeting Notes and Practice Pointers on VAWA, U, and T Filings (10/24/14)
Meeting notes and practice pointers compiled by the AILA VAWA Committee and ASISTA from the Vermont Service Center (VSC) stakeholder event held at VSC on October 24, 2014. Includes information on customer service and processing issues, the hotline, RFEs, the U visa waitlist, I-765s, and VAWA cases.
AILA Law Student E-News, Fall 2014 (Vol 7, No. 1)
This latest edition brings you how students can prepare themselves for a future as an immigration attorney, getting started in immigration law research and expert tips on succeeding in private practice.
AILA/EOIR/OCAHO Liaison Meeting Minutes (10/23/14)
Minutes from the 10/23/14 AILA liaison meeting with EOIR and OCAHO. Topics include updates on hiring new IJs and ALJs, the EOIR computer system failure, e-Registry, the priority docket for recent border crossers, UACs, family detention, cancellation of removal, an index of CAHO decisions, and ADR.
CA7 Finds Judge Applied Wrong Standard in Assessing Continuous Residence
The court vacated and remanded, holding that the administrative law judge erred when he applied his own standard that imperfect recollection precluded a finding of continuous residence to qualify for cancellation of removal pursuant to INA §240A(d)(2). (Lopez-Esparza v. Holder, 10/23/14)
CA5 Says BIA Did Not Err in Determining Statute of Conviction Was Divisible
The court denied the petition, holding that under Descamps, 8 USC §554(a) was divisible and the BIA did not err in applying the modified categorical approach to determine whether the petitioner had been convicted of an aggravated felony. (Franco-Casasola v. Holder, 10/23/14)
CA1 Vacates and Remands Asylum Denial for Indonesian Christian
The court vacated the removal order and remanded, finding that the BIA gave an insufficient explanation of why the petitioner failed to demonstrate that she suffered past persecution as a Christian in Indonesia. (Panoto v. Holder, 10/22/14)
AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Separated from Husband
Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen (USC) spouse would face extreme medical and financial hardship if separated, and other favorable factors including ties to a USC child and steady employment warranted discretion. Courtesy of Jennifer A. Gutierrez.
EOIR Expands Legal Orientation Program Sites to Include Karnes
EOIR press release announcing that beginning 11/1/14, EOIR will provide assistance through the Legal Orientation Program (LOP) to families detained at the Karnes Family Residential Center. Since October 2013, the LOP has expanded to seven additional detention sites including Artesia.
CA5 Rules Petitioner Is Not Entitled to Derivative Citizenship
The court denied the petition for review, holding that the petitioner did not reside permanently in the U.S. as contemplated by INA §321 because of his unlawful entry and status until age 23, and thus he was not entitled to derivative citizenship. (Gonzalez v. Holder, 10/21/14)
Practice Pointer: TSC Case Problem Resolution
The AILA TSC Liaison Committee explains the avenues for direct communication with TSC to resolve case problems such as priority date and cross-chargeability issues, as well as how to make sure your G-28 information is updated.
FY2014 USCIS Asylum Division Credible and Reasonable Fear Interview Statistics
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in Artesia, Karnes, and nationwide from July 2014 through October 2014. The report also includes processing times and statistics on requests for consideration.
AIM: DOMA and Immigration
For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.
AILA Quicktake #103: Granting Asylum for Artesia Detainees
AILA member and Artesia volunteer Kim Hunter shares her client's experience in being kept in detention after being granted asylum.
EOIR Updates to Immigration Court Practice Manual
This page contains updates to EOIR’s Immigration Court Practice Manual.
CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT
The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)
CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission
The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)
IJ Terminates Removal Proceedings Since DHS Did Not Serve Identical NTAs
The IJ terminated the removal proceedings without prejudice, since the court and the respondent did not receive identical versions of the Notice to Appear (NTA). Courtesy of Vivian Szawarc.
HHS Funding to Support Legal Services for Unaccompanied Children
HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)
Senate Democrats Press DHS Against Expansion of Family Detention System
A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.
AIC Report on CBP Restrictions on Access to Counsel (Updated 10/29/14)
The American Immigration Council provides a summary of CBP policies related to access to counsel, based on documents obtained through a FOIA request. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
Report Finding Returned Central American Migrants Face Serious Harm
Human Rights Watch (HRW) report with accounts from Central Americans in U.S. detention or who were recently deported to Honduras, finding that border officers failed to identify individuals facing serious risks and that some deported individuals provide accounts that should qualify them for asylum.
Domestic Violence Advocates Call for End of Family Detention
A statement from advocates of survivors of domestic violence and sexual assault calling for an end to the use of detention centers for immigrant women and children fleeing violence.