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 Finds Respondent Eligible for Adjustment of Status
Unpublished decision sustaining appeal, finding respondent eligible for adjustment, as the equities of his lengthy residence in U.S., strong employment history, family ties to USCs, and rehabilitation, outweighed adverse factor of attempted sexual abuse conviction. Courtesy of Brian Conry.
BIA Holds California Conviction for Malicious Vandalism With Gang Enhancement Is CIMT
The Board held that a California conviction for malicious vandalism with a gang enhancement requiring that the underlying offense be committed to promote criminal conduct by gang members is a categorical crime involving moral turpitude. Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014)
CGRS Practice Advisory on Domestic Violence-Based Asylum Claims
The Center for Gender & Refugee Studies (CGRS) practice advisory on domestic violence-based asylum claims, including an overview, guidance on asylum claims based on membership in a particular social group, and guidance on withholding of removal and CAT claims.
CNCS and DOJ Announce National Service Project to Assist Unaccompanied Children
The Corporation for National and Community Service (CNCS) and DOJ announced the creation of justice AmeriCorps Legal Services for Unaccompanied Children to increase national service while facilitating the adjudication of immigration proceedings involving certain unaccompanied children.
TRAC Report Finds Immigration Offenses Account for 80% of Deportation Orders
Transactional Records Access Clearinghouse (TRAC) report finding that only 16,375 out of 82,878 removal orders were based on criminal offenses and the remainder involved various immigration charges. The backlog of cases awaiting hearing has increased to 408,307 as of the end of August 2014.
Denver Immigration Court To Take Over Artesia Docket
Effective 9/29/14, EOIR will assign immigration cases originating at the Artesia, NM, hearing location to IJs at the Denver Immigration Court in Denver rather than to IJs at the Headquarters Immigration Court in Arlington,VA. Denver IJs will hear cases via video-teleconference.
Docketing Practices Relating to Unaccompanied Children in Light of New Priorities
EOIR 9/10/14 memorandum to IJs addressing concerns related to continuances to obtain representation, adjournments for other reasons, and appearances by custodians, in light of docketing changes relating to unaccompanied children.
Friend of the Court Model for Unaccompanied Minors in Immigration Proceedings
EOIR memorandum to IJs discussing the definition, scope, and application of the Friend of the Court model in immigration proceedings involving unaccompanied minors.
BIA Finds that Conspiracy to Traffic in Contraband Cigarettes Is Not a CIMT
Unpublished BIA decision remanding, finding that the respondent’s conviction for conspiracy to traffic in contraband cigarettes, under 18 USC §§371 and 2342(a) is not a crime involving moral turpitude (CIMT), and IJ erred in denying cancellation. Courtesy of Kristine E. Michel.
BIA Administratively Closes Proceedings After Redesignation of Haiti for TPS
Unpublished BIA decision administratively closes proceedings in light of respondent's potential eligibility for TPS following the redesignation of Haiti. Special thanks to IRAC. (Matter of Frederic, 9/10/14)
BIA Says Menacing in Oregon Is a CIMT
Unpublished BIA decision dismissing appeal and concluding that menacing in violation of §163.190 of the Oregon statute is categorically a crime involving moral turpitude (CIMT) and respondent is ineligible for cancellation of removal under §240(A)(b). Courtesy of Diana M. Bailey.
CA1 Dismisses Petition for Lack of Jurisdiction
The court held that because the BIA acted pursuant to its discretionary sua sponte authority, it lacked jurisdiction to review the petition. (Guerrero v. Holder, 9/9/14)
AILA Comments on EOIR Interim Rule on Designation of Temporary Immigration Judges
AILA comments in response to EOIR’s interim rule, published in the Federal Register on July 11, 2014, related to the creation of temporary immigration judge positions within the Office of the Chief Immigration Judge.
Recent Radio Interviews with Leslie Holman on UACs
AILA President Leslie Holman recently participated in a radio tour involving several stations around the country discussing the issue of unaccompanied children crossing the border and what factors motivate them to seek refuge. Two of the clips are available for download.
President Obama Doubles Down on Immigration Failures: Delays Executive Action and Ramps Up Jailing of Families
AILA President Leslie Holman reacts to the delay on executive action, saying “The attempt to deny protection to desperate refugees, and the delay on immigration action, make absolutely no fiscal or moral sense, and are built on questionable political assumptions.”
AILA Quicktake #96: AILA Recommendations on Administrative Reform
In this Quicktake, AILA Executive Director Crystal Williams discusses what some of AILA's recommendations to the Administration on executive action have been.
TRAC Report Finds Immigration Court Backlog Nears 400,000
Transactional Records Access Clearinghouse (TRAC) report finding that the number of cases awaiting resolution in the immigration courts has grown to 396,552 by the end of July 2014. The California Immigration Courts continue to have the greatest backlog, followed by Texas and New York.
CA9 Holds Matter of Jean Applies to Adjustment Applications Under INA §245(i)
The court upheld the BIA’s decision not to apply the categorical approach to determine if a crime is violent or dangerous for purposes of Matter of Jean and upheld the BIA’s extension of the standard to the context of adjustment under INA §245(i). (Torres-Valdivias v. Holder, 9/5/14)
BIA Reopens Proceedings after Equitably Tolling Filing Deadline
Unpublished BIA decision finds respondent showed sufficient diligence to warrant equitable tolling of deadline to file motion to reopen, and reopens proceedings because prior attorney provided ineffective assistance of counsel. Special thanks to IRAC. (Matter of Zambrano, 9/5/14)
CA9 Holds California Conviction for Possession of Marijuana for Sale Is an Aggravated Felony
The court held that a conviction for possession of marijuana for sale under California Health and Safety Code §11359 is categorically an aggravated felony, namely “illicit trafficking in a controlled substance,” under INA §101(a)(43)(B). (Roman-Suaste v. Holder, 9/4/14)
CA7 Says Knowledge Exception Argument to Material Support Bar Was Not Preserved
The court found petitioner failed to preserve his strong argument under §212(a)(3)(B)(iv)(VI) that the BIA erred by assuming that “knowledge of kidnapping and violence is per se sufficient to preclude one from invoking the knowledge exception.” (Khan v. Holder, 9/4/14)
Media Talking Points for AILA Members on Administrative Reform
AILA Members can use these Talking Points when asked by the media or other stakeholders what the President can and should do to reform our broken immigration system through administrative reform.
September Update: AILA Response to Central American Humanitarian Crisis
September 2014 AILA member update on coordinated efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is includes what we know, what actions are being pursued, and how to get involved.
CA11 Says Petitioner Must Apply for Adjustment Concurrently with §212(h) Waiver
The court held that a deportable noncitizen who has left and reentered the U.S. may not obtain a nunc pro tunc waiver of inadmissibility under INA §212(h) unless he concurrently applies for adjustment of status. (Rivas v. Att’y Gen., 9/3/14)
CA1 Upholds Asylum Denial for Somali Petitioner
The court denied the petition for review, upholding the IJ and BIA’s adverse credibility determination for the Somali petitioner seeking asylum who used various, inconsistent bases. (Ahmed v. Holder, 9/2/14)