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 Holds Grant of U Status Qualifies as “Admission”
Unpublished BIA decision holds noncitizen granted U nonimmigrant status within the United States was “admitted” for purposes of INA 237(a) and properly subject to grounds of deportability. Special thanks to IRAC. (Matter of Ramirez-Lainez, 8/21/14)
BIA Dismisses Charges of Removability Under INA §§237(a)(2)(A)(iii) and 237(a)(2)(E)(i)
Unpublished BIA decision terminating removal proceedings, finding Ninth Circuit law precluded respondent from being removable for an aggravated felony and his conviction of attempted child molestation under Washington law did not qualify as a crime of child abuse. Courtesy of Robert L. Jaeggli.
CA7 Says Petitioner Is Eligible for §212(c) Relief
The court remanded the §212(c) denial, concluding the BIA committed legal error by failing to follow its own precedent and giving substantial weight to an arrest report absent a conviction or corroborating evidence of the allegations contained therein. (Avila-Ramirez v. Holder, 8/21/14)
CA2 Says New York Third Degree Arson Is an Aggravated Felony
The court deferred to the BIA’s reasonable determination that a conviction for attempted third degree arson under New York Penal Law §§110 and 150.10 constitutes an aggravated felony, rendering the petitioner ineligible for cancellation of removal. (Torres v. Holder, 8/20/14)
CA2 Denies Relief, Says Organized Crime Convention Is Not Self-Executing
The court denied the petition for review, finding that the witness protection provisions of the United Nations Convention Against Transnational Organized Crime (CATOC) were not self-executing and could not be enforced absent implementing legislation. (Doe v. Holder, 8/19/14)
CA2 Says Chinese Petitioner’s Pro-Democracy Activism Constitutes Changed Circumstances
The court remanded, finding the IJ erred when holding that because petitioner’s pro-democracy political opinion reflected views he had when he emigrated, the activism did not constitute changed circumstances that excused untimeliness pursuant to INA §208 (a)(2)(D). (Lin v. Holder, 8/19/14)
CA10 Asks BIA to Clarify Whether Discrepancies Provide Sufficient Basis for Denying Cancellation
The court held the BIA acted within its discretion in rejecting the wife’s ineffective representation of counsel claim but remanded the husband’s claim to clarify whether the discrepancies relating to continuous residence were sufficient for denying cancellation. (Rivera v. Holder, 8/19/14)
CA11 Says Petitioner Failed to Exhaust Argument that She Did Not Commit an Aggravated Felony
The court held the petitioner failed to exhaust her only ground for her expedited removal that her conviction for battery was not an aggravated felony and the BIA did not err when it rejected her withholding and CAT claims relating to sexual orientation. (Malu v. U.S. Att’y Gen., 8/19/14)
ICE Posts Its Bond Procedures Manual as a Result of FOIA Lawsuit
ICE published the agency’s Bond Management Handbook, a manual that provides instruction to agency staff about bond payment procedures, in its electronic library as a result of a lawsuit filed by the American Immigration Council and a number of bond funds from across the country.
CA9 Transfers U.S. Citizenship Claim to District Court for Evidentiary Findings
The court held that the petitioner may be able to establish citizenship if he could show that the INS’s mishandling of naturalization applications by petitioner and his mother resulted in a violation of his due process rights. (Brown v. Holder, 8/18/14)
CA3 Affirms Cancellation Denial and Ineligibility for §212(h) Relief
The court found Va. Code Ann. §54.1-3466 was sufficiently "related to" controlled substances for purposes of §212(a)(2)(A)(i)(II) and an inconclusive record of conviction did not satisfy petitioner’s burden of demonstrating eligibility for relief from removal. (Syblis v. Att'y Gen., 8/18/14)
Settlement Agreement Requires Government Reforms to Voluntary Return System
Settlement agreement reached in an ACLU class action law suit challenging DHS agents’ use of intimidation or misinformation to pressure plaintiffs to agree to voluntary return. Settlement includes reforms to voluntary return system and allows some plaintiffs to return to U.S.
AILA/AIC Amicus Brief Filed with CA2 on 212(h) Waiver Eligibility
AILA/AIC amicus brief filed with the Second Circuit arguing that 212(h) waivers are available to legal permanent residents (LPRs) convicted of aggravated felonies if the LPRs adjusted their status after entering the U.S.
BIA Holds IJ Allowed to Reopen In Absentia Order Sua Sponte
Unpublished BIA holds provisions for rescinding in absentia order in INA 240(b)(5)(C) do not trump IJs ability to reopen proceedings sua sponte. Special thanks to IRAC. (Matter of Garcia, 8/15/14)
BIA Holds Sale of Controlled Substance Under Florida Law Is “Illicit Trafficking” Aggravated Felony
The BIA held there is no mens rea required by the term “illicit” in §893.13(1)(a)(1) of the Florida statutes, where knowledge of the substance is required and an affirmative defense is available to show lack of knowledge of the illegal nature. Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014)
IJ Says Theft Under Texas Penal Code §31.03 Is Not a CIMT
The IJ held that since respondent could have been convicted of “intent to deprive” when she did not have an intent to deprive an individual of property permanently, the Texas theft statute is categorically overbroad and not a crime involving moral turpitude (CIMT). Courtesy of Nicholas D. Gordon.
CA8 Says Petitioner’s Due Process Rights Were Not Violated in Cancellation Denial
The court denied the petition, concluding that the BIA did not err in finding the evidence insufficient, and petitioner did not have a constitutionally protected liberty interest in cancellation of removal relief. (Nunez-Portillo v. Holder, 8/15/14)
Audio News Release: Children at the Border
AILA President Leslie Holman calls on the Administration, Congress and DHS to stop blanket deportation practices and asks for a humane solution to the emergency on the border.
EOIR Will No Longer Hear Cases From the Oklahoma City Hearing Location
EOIR notice announcing that, after 8/15/14, it will no longer hear cases at the Oklahoma City Hearing Location. Cases assigned there remain under the administrative control of the Dallas Immigration Court. Should any rescheduling be necessary, respondents and their attorneys will be notified.
NSC Liaison Q&As from Student, Schools, and Other Product Line Teleconference (8/14/14)
The NSC Liaison Committee’s unofficial Q&As from a stakeholder teleconference with NSC on 8/14/14. Topics included: K-3 and K-4 classification, I-130 processing times, re-entry permits, and DACA backlog.
CA9 Grants CAT Relief to Vietnamese Petitioner yet Finds Conviction Is a CIMT
The court granted the petition with respect to the CAT claim, yet held the BIA did not err in determining that petitioner’s conviction of misusing a passport to facilitate an act of international terrorism was a categorical crime involving moral turpitude (CIMT). (Nguyen v. Holder, 8/14/14)
CA2 Says Affidavits Do Not Suggest Egregious Constitutional Violations
The court denied the petitions for review, finding that the affidavits did not suggest egregious constitutional violations, as the day laborer petitioners were self-selected, and this could not support a basis for excluding the evidence. (Maldonado v. Holder, 8/14/14)
CA2 Says Written Warning on Asylum Application Satisfies Notice Requirement Under INA §208 (d)(4)(A)
The court held the BIA did not err in denying the adjustment application, as the petitioner received adequate notice of the consequences of filing a frivolous asylum claim through the written warning on the application, and the IJ did not need to warn him. (Niang v. Holder, 8/13/14)
CA2 Asks BIA for Redetermination of Particular Social Group Analysis for Albanian Women
The court vacated and remanded in consideration of In re M-E-V-G- and In re W-G-R-, which clarified the BIA’s interpretation of “particular social group,” in order to determine whether young Albanian women is a cognizable social group. (Paloka v. Holder, 8/7/14)
CA1 Declines to Review Withholding Denial for Guatemalan Petitioner
The court declined to review the withholding of removal denial, holding that substantial evidence supported the BIA’s findings that the petitioner did not establish past persecution or a clear probability of future persecution by the Guatemalan guerillas. (Bedoya v. Holder, 7/30/14)