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 Sustains Appeal and Finds Respondent Eligible for Cancellation of Removal
Unpublished BIA decision sustaining the appeal and holding that the respondent was eligible for cancellation of removal, finding that the IJ erred in determining that respondent’s testimony was not credible regarding the dates of entry. Courtesy of Diana M. Bailey.
CA9 Retroactively Applies Terrorism Bar for Asylum Petitioner from Iran
The court held the statutory terrorism bar at INA §212(a)(3)(B) applied retroactively to petitioner’s material support of a Tier III organization, the Mojahedi-e Khalq (MEK), although his activities with MEK in the 1970s occurred before official designation. (Bojnoordi v. Holder, 7/7/14)
CA9 Blocks Arizona Driver’s License Ban for DACA Beneficiaries
The court held it could identify no legitimate state interest that was rationally related to defendants’ decision to treat DACA recipients disparately from other noncitizens who could use their EAD cards when applying for driver’s licenses. (Arizona Dream Act Coalition v. Brewer, 7/7/14)
CBP Announces Immediate Deployment of 150 Border Patrol Agents to Rio Grande Valley
CBP press release announces the immediate deployment of approximately 150 additional Border Patrol agents to the Rio Grande Valley, Texas, where the largest number of unaccompanied minors are arriving. Press release includes information on Dangers Awareness campaign.
National Sign-on Letter Opposing Family Detention
On 7/7/14 AILA joined over 100 other organizations in a sign-on letter to President Obama urging him to end plans to open new immigrant detention centers for families.
National Sign-On Letter on UACs
On 7/3/14, AILA joined over 190 other organizations in a sign-on letter to President Obama urging him to reconsider the plan to expedite the deportation of Central American children to the dangers they escaped in their home countries.
CRS Report on Potential Factors Contributing to Recent UAC Humanitarian Crisis
Congressional Research Service (CRS) report on potential factors, including conditions in Central America and factors within the U.S., that are contributing to the recent unaccompanied child humanitarian crisis.
BIA Says Respondent Can Apply for Adjustment Because Entry Was Procedurally Regular
Unpublished BIA decision sustaining appeal and remanding, citing Matter of Quilantan in finding that for purposes of adjustment of status eligibility, a noncitizen need only prove procedural regularity in her entry and not the precise date. Courtesy of Stephen Yale-Loehr.
BIA Holds California Statutory Rape Not a CIMT
Unpublished BIA decision holds statutory rape under Cal. Penal Code 261.5(d) is not a CIMT because prosecutors need not show the perpetrator knew or should have known the victim was a minor. Special thanks to IRAC. (Matter of C-A-E-L-, 7/3/14)
CA11 Says Form I-589 Provides Sufficient Notice of Frivolous Filing Consequences
The court held that the written notice provided on I-589 asylum application form is sufficient to meet the statutory requirement in INA §208(d)(4) that an applicant be notified of the consequences of filing a frivolous application. (Ruga v. U.S. Att’y Gen., 7/2/14)
CA1 Declines to Review New Evidence Not Presented First to BIA
The court denied the petition for review, finding the BIA did not abuse its discretion in denying the motion to reopen and it did not have jurisdiction to consider new evidence relating to persecution by the Taliban in Pakistan that was not presented to the BIA. (Shah v. Holder, 7/2/14)
Representative Issa Letter Asking President to End DACA
A 7/2/14 letter from Representative Issa (R-CA), signed by 32 of his Republican House colleagues, offering suggestions to President Obama on how to curtail the humanitarian crisis at the southern border, including telling him to end deferred action for childhood arrivals.
President Obama 6/30/14 Remarks on Border Security and Immigration Reform
Text of President Obama’s 6/30/14 remarks on border security and immigration reform. Remarks included plans to ask Congress for resources to address the humanitarian crisis involving unaccompanied alien children from Central America and plans for administrative action on deportation policies.
AILA Quicktake #87: President Obama's Announcement on UACs
President Obama announced plans to ask Congress for resources to address the humanitarian crisis involving unaccompanied alien children (UACs) from Central America and his plans for administrative action on deportation policies. AILA President Leslie Holman discusses the announcement via Skype.
USCIS Reminder: Passport Photos Required with DACA I-765 Submissions
USCIS reminder that two passport-style photographs are required with the submission of Form I-765, Application for Employment Authorization. This is required for both initial and renewal DACA requests.
Immigration Judge Complaint Statistics for Second Quarter of FY2014
DOJ immigration judge complaint statistics for FY2014 (between 1/1/14 and 3/31/14) during which 25 complaints were received and 12 complaints were closed. Statistics include number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
AILA New Members Division E-News, July 2014 (Vol. 6, Issue 3)
This latest edition brings you expert practice tips related to securing O-1B status for artistic clients, new page limitations for E-2 applicants, seeking termination vs. administrative closure, using social media in your practice, and legislative immigration reform.
CA5 Asks BIA to Consider Color of Law Legal Standard for Salvadoran CAT Claim
The court remanded for the BIA to consider the CAT claim under the color of law legal standard, considering the extortionists in El Salvador may have received information about petitioner from government officials acting in their official capacities. (Garcia v. Holder, 7/1/14, amended 8/8/14)
BIA Issues Decision on Updated Medical Examinations
Unpublished BIA decision holds respondent was not required to submit an updated medical exam (Form I-693) in support of adjustment application but remands for submission of updated form in light of intervening USCIS guidance. Special thanks to IRAC. (Matter of Teves, 7/1/14)
CA5 Says New Mexico Auto-Burglary Conviction Is an Aggravated Felony
The court upheld the BIA’s determination that the auto-burglary conviction under §30-16-3(B) of the New Mexico statute constituted a conviction for an aggravated felony because it was an attempted theft offense, rendering petitioner ineligible for cancellation. (Garcia v. Holder, 6/30/14)
EOIR Releases Fact Sheet on Fraud Prevention Program
EOIR fact sheet on its Fraud Prevention Program, which is aimed at promoting efforts to deter fraud and providing a systemic response to identifying and referring instances of suspected fraud and abuse.
AILA Strongly Condemns Reported Plans to Return Migrant Children to Danger
AILA President Leslie A. Holman reacted to reported plans to expedite removal of migrant children: “Rapid deportations without any meaningful hearing for children who are rightly afraid of the violence and turmoil from which they fled is wrong, and contradicts the fundamental values of this nation.”
White House Letter to Congress Requesting Emergency Funding for Deterrence Strategy Involving Unaccompanied Children
White House letter to Congress on Administration’s efforts to address urgent humanitarian situation of children crossing southern U.S. border and requesting congressional action on emergency supplemental appropriations legislation to support deterrence strategy focused on removal and repatriation.
EOIR Releases Q&As on EOIR’s Attorney Discipline Program
EOIR Q&As on its Attorney Discipline Program and professional conduct rules for immigration attorneys and representatives. Information regarding the complaint process is included.
UPDATE: Non-Detained Cases to Proceed as Scheduled at Denver Immigration Court
Citing major technical issues related to running teleconference hearings for UACs at the border, the immigration court in downtown Denver rescinded its earlier announcement that all non-detained cases and hearings would be suspended as of 7/2/14. All cases will proceed as previously scheduled.