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
CRS Report on Policy Discussions on the Unauthorized Population in the U.S.
Congressional Research Service (CRS) report on the current policy discussions regarding the unauthorized population in the U.S., including information on demographics of the population and a summary of current laws and policy options.
BIA Says IJs Must Explain Appeal Waiver is Irrevocable
Unpublished BIA decision finds respondent’s waiver of appeal was not knowing and intelligent because IJ did not explain that it was irrevocable. Special thanks to IRAC. (Matter of Mullins, 5/8/14)
Amicus Brief in Support of Attorney General Certification of Matter of Aguilar-Aquino
AILA amicus brief filed with the Board of Immigration Appeals seeking Attorney General certification of Matter of Aguilar-Aquino to address the definition of "custody."
Amicus Brief on Prolonged Detention Cases
AILA amicus brief filed with the Board of Immigration Appeals in support of ten different prolonged detention cases, arguing that the Attorney General should adopt a uniform, nationwide, pragmatic rule regarding all noncitizens whose detention is prolonged.
CA9 Remands Asylum Claim for Petitioner Fleeing Gang Violence in Guatemala
The court granted petition for review, finding it was unclear whether the evidence was sufficient to meet the revised social visibility standard in W-G-R and M-E-V-G, and remanded for BIA to consider the asylum claim in light of these decisions. (Pirir-Boc v. Holder, 5/7/14)
AIM: The DACA Dilemma
For May's Interview of the Month, immigration attorney and AILA member David Asser and DACA recipient Julio Sepulveda join us to discuss the DACA process and life as a DACA recipient. For more information, visit www.aila.org or download the free Pocket DACA app.
Practice Alert: ICE Will Agree to Reopen Removal Proceedings in Same-Sex Marriage Cases
In response to a question posed at the April 10, 2014 AILA-ICE liaison meeting, ICE OPLA announced that it will agree to join Motions to Reopen where the respondent entered into a lawful, bona fide, same-sex marriage after having been ordered removed and there is newly-available relief.
AILA Letter to the Attorney General Asking for Certification
A 5/6/14 letter from AILA to Attorney General Eric Holder urging certification of several cases pending before the BIA and the related case of Matter of Aguilar-Aquino on the issues of prolonged detention and the definition of "custody."
CA11 Vacates and Remands BIA Order Involving Ineffective Assistance of Counsel Claim
Unpublished circuit court decision finding the BIA ignored petitioner’s legal argument that he was eligible for §212(c) relief and was prejudiced by his counsel’s failure to meet the call-up date. Courtesy of Andrea Montavon-McKillip and Ysabel Hernandez. (White v. U.S. Att’y Gen., 5/6/14)
CA7 Declines to Review Petition for Roma Asylum Seeker from Bulgaria
The court denied the petition for review, affirming the IJ’s adverse credibility determination and finding that the petitioner could not provide evidence outside her testimony that she was persecuted because she is Roma. (Georgieva v. Holder, 5/6/14)
BIA Terminates Proceedings After Criminal Judge Clarifies Sentence
Unpublished BIA decision terminates proceedings after taking administrative notice of an order from the state trial judge clarifying that the respondent’s entire sentence was to be served on probation. Special thanks to IRAC. (Matter of Ruela, 5/5/14)
District Court Agrees with Circuit Court that Detainers Are Not Mandatory
The court determined detainers are not mandatory and found plaintiff had a claim against police and county defendants for detaining him without probable cause, noting local officers generally lack authority to make civil immigration violation arrests. (Villars v. Kubiatowski, 5/5/14)
EOIR Extension of Comment Request on Form EOIR-26
EOIR 30-day notice of request for comments on Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are now due on 6/4/14. (79 FR 25617, 5/5/14)
AILA and AIC Comments on Revised Form I-821D Following 30-Day Comment Extension
AIC and AILA comments in response to a 30-day extension for comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions. The revised form included information on the DACA renewal process.
BIA Holds Pennsylvania Possession of Marijuana with Intent to Deliver Not an Aggravated Felony
Unpublished BIA decision holds that possession with intent to deliver marijuana under 35 Pa. Stat. Ann 780-113(a)(30) is not an aggravated felony because it could apply to the distribution of a small amount of marijuana for no remuneration. Special thanks to IRAC. (Matter of Thaxter, 5/2/14)
AILA Amicus Briefs on the Categorical Approach and State Drug Convictions
AILA amicus brief and supplemental brief arguing that, under the categorical approach, courts must assess indivisibly overbroad controlled substance statutes categorically, and that the identity of a substance is a means, not an element, of the offense.
IJ Finds Noncitizen Respondent Was Misled By Government on Eligibility to Vote
The IJ found that the defense of official authorization was established, the respondent was not inadmissible under INA §212(a)(1)(D), and that she was otherwise qualified to adjust status and granted her application. Courtesy of Richard Hanus.
CA8 Finds Significant Discrepancies in Accounts of Border Crossing and Denies Petition
The court denied the petition for review, finding that the record evidence in this case did not compel the contrary conclusion that the petitioner proposed—that he entered the U.S. by car, rather than “afoot.” (Diaz-Perez v. Holder, 5/2/14)
BIA Orders Consideration of Eligibility for Provisional Waiver
Unpublished BIA decision remands record for consideration of request for administrative closure and eligibility for unlawful presence waiver. Special thanks to IRAC. (Matter of Ayebae, 5/1/14)
DOJ OIL May 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for May 2014, with articles on the BIA’s recent decisions on particular social groups, as well as information on the Adverse Credibility Project and summaries of circuit court decisions for May 2014.
CA1 Declines to Review Asylum Denial for Sikh Petitioner from India
The court denied the petition for review, affirming the BIA and IJ’s conclusions that the petitioner lacked a well-founded fear of future persecution, given his ability to move to Delhi and remain in India for several months without further harassment or arrest. (Singh v. Holder, 4/30/14)
CA1 Agrees with BIA that Petitioner’s Third Motion to Reopen (MTR) Was Untimely
The court held the BIA acted within its discretion in finding that the petitioner’s third MTR was untimely, noting that petitioner did not demonstrate due diligence relating to his in absentia removal order to permit consideration of equitable tolling. (Wang v. Holder, 4/30/14)
VOICE: May 2014
In the May 2014 VOICE, learn about the appeal of an SB-1 visa, the U.S. Customs and Border Protection’s gross misconduct at the northern and southern borders of the United States, the basics of sending employees to work in Australia, and more!
BIA Orders Further Consideration of Adjustment Application
Unpublished BIA decision reopens proceedings in light of evidence submitted on appeal indicating respondent’s conviction involved less than 30 grams of marijuana, making him eligible to adjust status with a 212(h) waiver. Special thanks to IRAC. (Matter of Gamanga, 4/29/14)
BIA Holds Tennessee Burglary Offense Not an Aggravated Felony
Unpublished BIA decision terminating proceedings, finding that Tennessee Code 39-14-401 is not an aggravated felony because the statute includes vehicles in its definition of “habitation” and the record did not clarify what type of habitation was subject of the conviction. Courtesy of James Spokes.