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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
ICE ERO Does Not Require Detainees’ Signatures on G-28s
ICE has informed AILA that ICE Enforcement and Removal Operations (ERO) no longer requires a detained foreign national’s signature on Form G-28. If you encounter a local office that still requires a detainee signature, please notify the AILA ICE Liaison Committee.
CA9 Vacates Removal Order for Petitioner with Hawaii Conviction
The court vacated the removal order, finding the petitioner was not categorically removable under INA §237(a)(2)(B)(i) because the Hawaii statute of conviction criminalized at least two substances that were not listed by the CSA. (Ragasa v. Holder, 4/28/14, amended 6/4/14)
Removal Without Recourse: The Growth of Summary Deportations from the United States
The American Immigration Council’s Immigration Policy Center released a report titled “Removal Without Recourse: The Growth of Summary Deportations from the United States,” on the increase in use of expedited removal and reinstatement of removal.
AILA Interagency Committee Meeting Minutes (4/25/14)
Minutes from the 4/25/14 AILA Interagency Liaison Committee meeting with EOIR, USCIS, and ICE. Topics include provisional waiver adjudications, I-130 petitions and biometrics appointments for individuals in proceedings, misrepresentation waivers under INA §237(a)(1)(H), and U visa coordination.
BIA Reopens Proceedings In Light of Totality of Circumstances
Unpublished BIA decision grants motion to reopen in light of lack of DHS response, claims of ineffective assistance of counsel, and potential eligibility for relief from removal. (Matter of Reyes, 2/25/14) Special thanks to IRAC.
BIA Holds “Legally Impossible” Offense Not CIMT
Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Courtesy of Ben Winograd. (Matter of Clase, 4/25/14)
BIA Finds Failure to Prepare Affidavit of Support Constitutes Ineffective Assistance
Unpublished BIA decision finds respondent established a prima facie case of ineffective assistance based on allegations that prior attorney failed to prepare and submit Form I-864 in connection with adjustment application. Special thanks to IRAC. (Matter of Kurgat, 4/25/14)
BIA Finds N.Y. Attempted Second Degree Gang Assault Not CIMT
Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Special thanks to IRAC. (Matter of Clase, 4/25/14)
CA1 Declines to Review Asylum Denial for Petitioner from Nepal
The court denied the petition to review the asylum denial, finding that the record evidence did not amount to past persecution, even though the Maoists also may have threatened the Nepali petitioner with a gun during the isolated event. (Thapaliya v. Holder, 4/24/14)
TRAC Report Finds ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases
Transactional Records Access Clearinghouse (TRAC) report finding that the use of prosecutorial discretion by ICE to close cases in the immigration courts continues to be relatively rare; only 6.7% of cases were closed on this basis between October 2012 and March 2014.
BIA Rescinds In Absentia Order Because Adult Did Not Receive Hearing Notice
Unpublished BIA rescinds in absentia order under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir. 2004), because the respondent was a juvenile and no adult was notified of the hearing. Special thanks to IRAC. (Matter of Rojop-Hernandez, 4/23/14)
CA1 Declines to Reopen Removal Proceedings for Sri Lankan Asylum Seeker
The court denied the petition to review the denial of the second motion to reopen, finding petitioner did not show that evidence of Sri Lanka’s history of torturing returned asylum seekers was unavailable and undiscoverable at the time of her removal proceedings. (Perera v. Holder, 4/22/14)
EOIR Asylum Statistics FY2009-FY2013
EOIR released asylum statistics broken down by fiscal year and nationality for FY2009 through FY2013.
EOIR Electronic Databases Functional Again (Updated 5/19/14)
EOIR update that their electronic databases are functional again but that they are continuing recovery efforts on other applications including eRegistration.
AILA Quicktake #70: DACA Renewals
As many of the first young immigrants who applied for DACA are looking at renewal, AILA Immediate Past President Laura Lichter shares important information about the upcoming process.
CA1 Declines to Review Asylum Denial for Colombian Petitioner
The court held that the Colombian petitioner did not establish past persecution or a well-founded fear of future persecution and thus found the petitioner’s asserted social group of widows of slain narco-traffickers moot. (Moreno v. Holder, 4/18/14)
CA9 Declines to Review Asylum Denial for Chinese Petitioner
The court found that under In Re J-S-, as a spouse of a victim of a forced abortion or sterilization, a reasonable factfinder would not be compelled to find that the petitioner either resisted China’s one-child policy or had suffered persecution. (He v. Holder, 4/17/14)
CA9 Declines to Review Withholding and CAT Denial for Dominican Petitioner
The court held substantial evidence supported the BIA’s adverse credibility determination based on petitioner’s various lies to U.S. officials and to the district court judge, especially about her identity and country of origin. (Garcia v. Holder, 4/16/14)
CA7 Declines to Review Removal Order for Petitioner with Multiple Identities
The court denied the petition for review, finding that the BIA did not err by finding that the petitioner, who had multiple identities, did not establish by clear and convincing evidence that he was inspected and admitted into the U.S. (Singh v. Holder, 4/16/14)
AILA Analysis of Deportation Figures
AILA analysis of deportation numbers from FY2002 to FY2012 showing the increase in removals at a time of decrease in apprehensions.
EOIR FY2013 Statistics Yearbook
EOIR FY2013 statistics yearbook with data on the Immigration Courts, BIA, and OCAHO. The yearbook, an annual compilation of data on respondents’ cases by nationality, language, and disposition, and provides detailed information surrounding asylum cases, used a new statistical methodology for FY2013.
EOIR 1-800 Number and Computer Systems Outage
EOIR alert that it is currently experiencing a systems outage involving several computer applications including eRegistration and the telephonic case information system (the 1-800 phone number). EOIR hopes to have the situation resolved in the near future.
AILA Liaison OSC Meeting Minutes (4/14/14)
Approved minutes from the AILA Verification & Documentation Liaison Committee’s 4/14/14 meeting with DOJ’s Office of Special Counsel. Topics include DACA, settlement agreements, discriminatory intent, I-9 self-audits and internal investigations, I-94 automation, hotline calls, and FY2014 trends.
CA5 Finds Petitioner Ineligible to Adjust under §245(i) Due to Fraudulent Entry
The court denied the petition for review, finding no error in the BIA’s determination that petitioner was statutorily ineligible for adjustment of status under INA §245(i) because she was inadmissible under INA § 212(a)(6)(C)(i) for fraudulent entry. (Sattani v. Holder, 4/14/14)
CA9 Declines to Review Asylum and Withholding Denial for Chinese Petitioner
The court held substantial evidence supported BIA’s reasonable determination that petitioner was not credible under the totality of the circumstances, including his non-responsive demeanor during cross-examination and affirmative misrepresentations of his residency. (Jin v. Holder, 4/14/14)