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
CA8 Declines to Review MTR for Chinese Petitioner with Forced Sterilization Claim
The court declined to review the motion to reopen (MTR) denial, finding that petitioner did not produce previously unavailable documents and that they did not distinguish between women who have had children in China and those who return with children born abroad. (Chen v. Holder, 5/13/14)
CA9 Upholds Asylum Denial for Sikh Petitioner from India
The court denied the petition for review, upholding the BIA’s determination that there had been a fundamental change in circumstances such that the Sikh petitioner’s life would not be threatened on account of a protected ground if removed to India. (Singh v. Holder, 5/21/14)
The Sorry State of Our Detention System
Saluja Thangaraja was tortured, beaten and held captive in Sri Lanka, her homeland. She was lucky and managed to escape before she was killed. When she arrived in the United States - the land of freedom she was seeking turned out to be the exact opposite: she was imprisoned in a federal detention ce
CA2 Certifies Mens Rea Questions for CIMT Evaluation to Connecticut Supreme Court
In a crime of moral turpitude (CIMT) evaluation, the court was unable to determine what level of mens rea applied to the lack of consent element of a conviction for CT sexual assault in the fourth degree and certified the issue to the CT Supreme Court. (Efstathiadis v. Holder, 5/20/14)
BIA Upholds Retroactive Application of Adam Walsh Act
The Board held that the Adam Walsh Act (AWA) does not have an impermissible retroactive effect when applied to convictions that occurred before AWA was enacted. Matter of Jackson and Erandio, 26 I&N Dec. 314 (BIA 2014)
BIA Holds New York Fourth Degree Arson Not a CIMT
Unpublished BIA decision finds fourth degree arson under N.Y.P.L. 150.05 not a CIMT because perpetrators need not intend to damage property and says Descamps overrules Matter of Lanferman on divisibility. Special thanks to IRAC. (Matter of Hernandez-Hernandez, 5/20/14)
Southern District of New York on “Released” Under INA §236(c)
The court held that the petitioner was not subject to mandatory detention under INA §236(c) because he had never been "released" from a custodial sentence relating to a removable offense and orders him released unless ICE accords him a bond hearing within 30 days. Courtesy of Michael Z. Goldman.
AILA Amicus Brief Argues §212(h) Waiver Available to Petitioners Who Adjusted Status in the U.S.
AILA amicus brief to the Eighth Circuit Court of Appeals arguing that §212(h) waivers are available to legal permanent residents convicted of aggravated felonies if they adjusted status in the United States.
Senate Appropriations Field Hearing on Immigrant Enlistment in the Military
A 05/19/14 Senate Appropriations Defense Subcommittee field hearing on “Immigrant Enlistment: A Force Multiplier for the U.S. Armed Forces.”
EOIR Extension of Comment Request on Forms 42A and 42B
EOIR 30-day comment request on the Application for Cancellation of Removal (42A) for Certain Permanent Residents and Application for Cancellation of Removal and Adjustment of Status (42B) for Certain Nonpermanent Residents. Comments are now due by 6/16/14. (79 FR 28551, 5/16/14)
BIA Says New I-751 Need Not Be Filed in Removal Proceedings
Unpublished BIA decision holds IJ erred in finding respondent abandoned his I-751, saying he should have relied on joint petition denied by USCIS. Special thanks to IRAC. (Matter of Godke, 5/16/14)
CA9 Remands Asylum Denial for Chinese Petitioner
The court held substantial evidence did not support the IJ’s adverse credibility finding based on a discrepancy in dates in the evidence, as other evidence corroborated the explanation that one of the documents included an incorrect date due to a typographical error. (Zhi v. Holder, 5/16/14)
District Court Says Those Subject to INA §236(c) Must be Apprehended Immediately
The court found that the practice of imposing mandatory detention to individuals who committed an offense enumerated at INA §236(c)(1)(A)-(D) , but who were not apprehended immediately “when released” from state custody, violated the plain language of §236(c). (Preap v. Johnson, 5/15/14).
CA1 Declines to Review Second Motion to Reopen for Petitioner from China
The court found the BIA did not abuse its discretion in concluding that the petitioner’s evidence as to population control measures “in some areas of China” was insufficient to establish either a likelihood of persecution or materially changed circumstances. (Lin v. Holder, 5/14/14)
CA1 Declines to Review Petition for Guatemalan Petitioner
The court declined to review the withholding denial, upholding the BIA’s decision that concluded that “individuals perceived as wealthy on account of their return to Guatemala from lengthy stays in the U.S.” did not constitute a particular social group. (Sam v. Holder, 5/14/14)
Civil Immigration Detainers Backgrounder
An AILA background guide on civil immigration detainers.
TRAC Report Finds Arizona Is Driving Changes in Criminal Immigration Re-entry Prosecutions
TRAC report indicates substantial changes in criminal enforcement of immigration laws, particularly in southern border states. Report found a drop in the number of criminal prosecutions for illegal entry under INA §275, but a continued rise in prosecutions for illegal re-entry under INA §276.
CA9 Holds Sentencing Enhancements May Be Considered in "Particularly Serious Crime" Determinations
The court held that the IJ and BIA may consider sentencing enhancements for purposes of determining whether a noncitizen who has not committed an aggravated felony has nonetheless committed a particularly serious crime under INA §241(b)(3)(B)(ii). (Konou v. Holder, 5/9/14)
BIA Quashes Subpoena as Overbroad
Unpublished BIA decision sustains interlocutory DHS appeal challenging subpoena requiring production of documents from ICE and FBI as the IJ subpoena power is limited in nature. Special thanks to IRAC. (Matter of Qatanani, 5/13/14)
IJ Finds Venezuelan Petitioner Entitled to Relief Under VAWA and Cancellation of Removal
The IJ found respondent entitled to relief under VAWA and INA §240A(b)(2), finding that she was abused by her USC spouse and positive factors such as her good moral character outweighed the fact that she overstayed her visitor visa. Courtesy of Patricia S. Cooper.
BIA Applies §212(c) Waiver for Convictions Before and After April 1, 1997
Unpublished BIA decision for petitioner with 1991 and 1995 convictions, sustaining the appeal and reversing the IJ’s holding that the respondent’s 2010 conviction disqualifies him from a §212(c) waiver. Courtesy of Belinda Arroyo.
CA9 Remands, Considering Indonesian Petitioner’s Post-Removal Conversion to Christianity
The court held that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances. (Chandra v. Holder, 5/12/14)
CA1 Denies Motion to Reopen (MTR) for Indonesian Christian
The court declined to review the MTR denial on the basis of changed country conditions, finding the BIA did not abuse discretion when finding the evidence presented did not address a particular or individualized risk of harm if petitioner returned to Indonesia. (Simarmata v. Holder, 5/12/14)
CA1 Declines to Reopen Removal Proceedings for Haitian Petitioner Granted TPS
The court declined to reopen removal proceedings for the Haitian petitioner, holding the BIA correctly ruled that the temporary protected status (TPS) relief only served to prevent execution of the removal order and it did not affect the validity of the order. (Donnee v. Holder, 5/9/14)
AILA NBC Liaison Committee Meeting Minutes (5/9/14)
Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/9/14. Topics included: I-485 and I-130 processing times, transfer notices issues, RFEs, I-601A provisional waivers, and adjustment of status based on VAWA.