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
CA3 Holds Pennsylvania Child Endangerment Conviction Is Not a CIMT
The court applied the categorical approach and held that the least culpable conduct criminalized under §4304(a)(1) of Pennsylvania’s child endangerment statute did not implicate a crime involving moral turpitude (CIMT). (Hernandez-Cruz v. Att'y Gen., 9/4/14)
CA11 Says Silence in DOS Reports Cannot Rebut Evidence of Torture of Returned Asylum Seekers
The court vacated and remanded the 2013 order of removal, concluding that the silence in the DOS Country Reports could not, without more, rebut evidence presented that petitioner would suffer persecution as a failed asylum seeker if returned to Sri Lanka. (Gaksakuman v. Att’y Gen., 9/18/14)
BIA Distinguishes Moncrieffe and Reaffirms Matter of Davey
The BIA held the exception in INA §237(a)(2)(B)(i) calls for a circumstance-specific inquiry into the character of the unlawful conduct on a single occasion, not a categorical inquiry into the elements of a single statutory crime. Matter of Dominguez-Rodriguez, 26 I&N Dec. 408 (BIA 2014)
BIA Says IJ Erred in Denying Continuance and Former Attorney Did Not Act Frivolously
Unpublished BIA decision remanding and permitting respondent to seek voluntary departure, holding IJ erred in denying request for a continuance, IJ did not err in denying administrative closure, and former attorney did not act frivolously in pursuing these requests. Courtesy of Jordan G. Forsythe.
BIA Says Aggravated Felony Bar Applies to Conditional Permanent Resident Admitted at POE
The BIA held an alien admitted at a port of entry (POE) as a conditional permanent resident pursuant to §216(a) is “lawfully admitted for permanent residence” and is barred from an §212(h) waiver, if he was later convicted of an aggravated felony. Matter of Paek, 26 I&N Dec. 403 (BIA 2014)
BIA Scolds Immigration Judge for Criticizing Attorney
Unpublished BIA decision criticizes IJ for accusing respondent’s attorney of filing frivolous motions for continuance or administrative closure and states that great care must be taken when suggesting an attorney’s conduct is unprofessional. Special thanks to IRAC. (Matter of Perez, 9/17/14)
BIA Orders Further Evaluation of Respondent’s Mental Competency
Unpublished BIA decision grants motion to reopen filed by DHS and orders further assessment of respondent’s mental competency. Special thanks to IRAC. (Matter of Davila, 9/17/14)
CA3 Holds Pennsylvania Reckless Endangerment Conviction Is Not a CIMT
The court granted the petition and vacated the removal order, applying the categorical approach and concluding that the least culpable conduct under §2705 of Pennsylvania’s reckless endangerment statute did not implicate a crime involving moral turpitude (CIMT). (Mahn v. Att'y Gen., 9/17/14)
EOIR Notice of Proposed Rulemaking on Custody and Bond Proceedings Representation
EOIR notice of proposed rulemaking to amend the regulations to allow a representative to enter an appearance in custody and bond proceedings without such an appearance constituting an entry of appearance for all Immigration Court proceedings. Comments are due by 11/17/14. (79 FR 55659, 9/17/14)
EOIR Notice of Proposed Rulemaking on Pro Bono Legal Services Providers List
EOIR notice of proposed rulemaking to change the name of the “List of Free Legal Services Providers” and to enhance the eligibility requirements for organizations, private attorneys, and referral services to be included in the List. Comments are due by 11/17/14. (79 FR 55662, 9/17/14)
AILA Letter to Congress on Artesia
A 9/16/14 AILA letter to members of Congress urging action on the Artesia, NM family detention center.
AILA Letter to President Obama on Artesia
A 9/16/14 AILA letter to President Obama urging the closing of the Artesia, NM family detention center.
CA6 Dismisses Motion to Reopen for Lack of Jurisdiction
The court found it lacked jurisdiction to review the BIA’s denial of the petitioner’s second motion to reopen because of humanitarian factors, finding that the exercise of the BIA’s sua sponte authority was discretionary and not subject to judicial review. (Rais v. Holder, 9/16/14)
CA7 Holds Stop-Time Rule May Not Be Applied Retroactively
The court found that the stop-time rule of INA §240A(d)(1) would have an impermissible retroactive effect if it were applied to petitioner’s 1995 drug offense, and that he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jeudy v. Holder, 9/15/14)
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.