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 Rescinds In Absentia Order Because Hearing Notice Was Sent on Day of Hearing
Unpublished BIA decision rescinds in absentia order where respondent submitted affidavit stating she did not receive the hearing notice and the record indicated that the hearing notice was sent on the date of the hearing. Special thanks to IRAC. (Matter of Sorto-Viera, 6/19/14)
New Mexico Supreme Court Declines to Follow Chaidez
The court declined to follow Chaidez v. U.S., holding that the requirement that defense attorneys advise noncitizens of the immigration consequences of their guilty pleas applied retroactively in the state of New Mexico. (Ramirez v. New Mexico, 6/19/14)
CA5 Upholds Asylum Denial for Eritrean Petitioner
The court denied the petition for review, holding that punishment for violation of conscription laws of general applicability does not in itself constitute “persecution” on account of political opinion under INA §101(a)(42)(A). (Milat v. Holder, 6/19/14)
CA5 Says DHS May Rely on Subsequent Convictions When Evaluating Admission for Returning Noncitizens
The court denied the petition for review, finding that DHS may rely on subsequent convictions to meet the clear and convincing evidence standard in proving that a returning lawful permanent resident is applying for admission. (Munoz v. Holder, 6/19/14)
CA6 Remands to BIA, Finding IJ Erred in Interpreting §208(a)(2)(D)
The court disagreed with the IJ’s interpretation, finding nothing in §208(a)(2)(D) requiring an applicant show he was ineligible for asylum when he arrived in the U.S. before using “changed circumstances” to extend the deadline for filing an application. (Mandebvu v. Holder, 6/18/14)
CA7 Denies Withholding of Removal to Chinese Christian in Indonesia
The court denied the petition for review, finding petitioner failed to meet the test for withholding, did not show a pattern or practice of persecution of Chinese Christians in Indonesia, nor could he establish his personal fear of persecution was reasonable. (Halim v. Holder, 6/17/14)
CA2 Finds Petitioner Ineligible for §212(c) Relief
The court dismissed the petition for review, finding no basis to conclude that Vartelas overruled Domond, and because petitioner’s conviction for a controlled substance post-dated IIRIRA, he was ineligible for a waiver of deportation under §212(c). (Centurion v. Holder, 6/17/14)
BIA Orders Further Consideration of Voluntary Departure
Unpublished BIA decision remands record because IJ did not advise respondent of potential eligibility for voluntary departure and respondent did not realize she was conceding ineligibility by saying she lacked funds to depart. Special thanks to IRAC. (Matter of Dangan, 6/16/14)
AILA Quicktake #83: In-State Tuition for DACA Recipients
AILA member Charles Kuck joins us to explain the results of his recent lawsuit, in which a Georgia judge dismissed his case that sought for in-state college tuition for Deferred Action for Childhood Arrivals, or DACA, recipients.
Letter to the Chief of USCIS Asylum Division on Asylum Division Officer Training Course Lesson Plan
A 6/16/14 letter from AILA and over 50 other organizations and law professors to John Lafferty, Chief of USCIS Asylum Division, requesting revisions to the Asylum Division Officer Training Course Lesson Plan, Credible Fear of Persecution and Torture Determinations, and the accompanying memorandum.
CRS Report on Unaccompanied Alien Children
CRS report on the recent surge in unaccompanied alien children (UAC) crossing the southern U.S. border, current policy on the treatment, care, and custody of the population, Administrative and Congressional action to deal with the crisis, and unanswered questions.
BIA Holds Having Passport at Hearing Not Requirement for Receiving Voluntary Departure
Unpublished BIA decision orders further consideration of request for voluntary departure that was denied solely because respondent did not have passport in physical possession at the time of the hearing. Special thanks to IRAC. (Matter of Lorenzo-Cabrera, 6/13/14)
BIA Holds Florida Theft and Issuance of Worthless Check Not CIMTs
Unpublished BIA decision upholds termination of proceedings upon finding neither issuing a worthless check under Fla. Stat. 832.05 nor theft under Fla. Stat. 812.014 qualify as a CIMT. Special thanks to IRAC. (Matter of Montinar, 6/13/14).
BIA Reverses Denial of Continuance for Respondent Seeking to Review A-File
Unpublished BIA decision holds that IJ should have continued proceedings to permit the respondent to obtain and review copy of A-file, the contents of which could confirm eligibility to adjust status. Special thanks to IRAC. (Matter of Saenz-Ledesma, 6/13/14)
CA9 Upholds Adverse Credibility Determination in Asylum Case for Chinese Christian
The panel held the inconsistency between the asylum declaration, in which petitioner recounted physical abuse during detention, and her failure to testify about that abuse until she was prompted, was sufficient to support the IJ’s adverse credibility determination. (Jiang v. Holder, 6/12/14
Re-Inspired by the Unafraid and Undocumented
Last week, as a representative of AILA, I joined Jose Antonio Vargas for two post-screening panels after his film “Documented.“ Vargas has been a lightning rod since he, a Pulitzer Prize winner, revealed to the world that he was in fact unauthorized. The fact that one of the nation's most ce
House Letter to President Obama on Deportations and Detention
6/12/14 letter from 59 members of the House of Representatives urging President Obama to provide relief from deportation and increase use of alternatives to detention.
CA8 Affirms Adjudicatory Delay in Terrorism-Related Inadmissibility Grounds (TRIG) Case
The court found USCIS’ less than five-year delay in adjudicating the adjustment application reasonable, as prior to the TRIG exemption policy which had kept it on hold, petitioner was inadmissible for providing material support to a terrorist organization. (Irshad v. Holder, 6/11/14)
CIS Ombudsman Recommendations to USCIS on Notices to Appear
The CIS Ombudsman provides recommendations on improving the quality and consistency in Notices to Appear (NTA), including that USCIS issue additional guidance, require USCIS attorneys to review NTAs prior to issuance, and create a working group to improve tracking and coordination.
USCIS Memo Requiring Positive Credible Fear and Reasonable Fear Determinations as Part of Quality Assurance Review
USCIS memo, from John Lafferty, Chief of the Asylum Division, implementing changes to the categories of credible fear and reasonable fear cases requiring Quality Assurance review, now requiring pre-decisional review from a random sampling of both positive and negative determinations.
Immigration Law Advisor, April/May 2014 (Vol. 8, No. 4)
The April/May 2014 issue of Immigration Law Advisor, with an article on waivers of inadmissibility for lawful permanent residents, summary and statistics on federal court decisions for March and April 2014, and a regulatory update.
BIA Reverses Discretionary Denial of Voluntary Departure
Unpublished BIA decision finds respondent merits voluntary departure because positive equities outweigh prior immigration violations, including illegally re-entering the country. Special thanks to IRAC. (Matter of Peguero, 6/10/14)
BIA Holds Conviction Waived Under 212(c) Cannot be Charged as One of Multiple CIMTs
Unpublished BIA decision holds that charge of deportability based on two CIMT convictions cannot be sustained if a 212(c) waiver was granted with respect to one of the convictions, distinguishing Matter of Balderas. Special thanks to IRAC. (Matter of Romero, 6/10/14)
BIA Remands Humanitarian Asylum Claim for IJ to Consider “Other Serious Harm” in Haiti
Unpublished BIA decision remanding for further fact finding and a new analysis of respondent’s request for humanitarian asylum, finding the IJ did not consider the claim through the “other serious harm” framework discussed in Matter of L-S-. Courtesy of Disna M. Weerasinghe.
BIA Dismisses DHS Interlocutory Appeal Challenging Administrative Closure
Unpublished BIA decision declines to consider DHS interlocutory appeal challenging a decision to administratively close proceedings involving a detained respondent to await the adjudication of an I-130 visa petition filed on his behalf. (Matter of Bronco-Antonio, 6/9/14)