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
BIA Finds Non-Physical Abuse Qualifies as "Extreme Cruelty"
Unpublished BIA decision finds respondent eligible for special rule cancellation under VAWA based on the psychological abuse caused by her husband’s alcoholism and gambling. Special thanks to IRAC. (Matter of B-J-G-, 5/29/14).
BIA Reopens Sua Sponte Based on Negligence of Prior Attorney’s Law Firm
Unpublished BIA decision reopens proceedings sua sponte because the law firm of the respondents’ prior attorney failed to file a motion to substitute and did not advise respondent of deadline to submit adjustment application. Special thanks to IRAC. (Matter of Martinez, 5/29/14)
BIA Finds IJ Erred in Terminating Proceedings In Lieu of Granting Administrative Closure
Unpublished BIA decision grants DHS appeal and finds IJ erred in terminating proceedings without prejudice rather than grant a joint request for administrative closure. Special thanks to IRAC. (Matter of Mwaniki, 5/29/14)
BIA Says Pro Se Respondent’s Failure to Pay Filing Fee Does Not Require Denial of Motion
Unpublished BIA decision remands record for further consideration of motion to reopen in absentia order and says pro se respondent’s failure to pay filing fee was an insufficient basis for denial. Special thanks to IRAC. (Matter of Kemboi, 5/29/14)
BIA Upholds Finding of Mental Incompetency and Remands for Consideration of Safeguards
Unpublished BIA decision upholds finding that respondent was mentally incompetent to participate in proceedings but remands to consider appropriateness of safeguards other than administrative closure. Special thanks to IRAC. (Matter of Benitez-Lopez, 5/29/14)
CA8 Finds BIA Did Not Abuse Its Discretion in Denying MTRs
The court found the BIA did not abuse its discretion in denying the motions to reconsider and reopen the I-130 revocation and adjustment and asylum denials, as petitioner did not point to legal or factual errors nor submit new evidence. (Mshihiri v. Holder, 5/29/14)
BIA Grants Administrative Closure Pending Receipt of Record in I-130 Appeal
Unpublished BIA decision administratively closes removal proceedings pending receipt of the record from USCIS in an appeal challenging the denial of an I-130, and states that the IJ should have granted a continuance. Special thanks to IRAC. (Matter of G-M-H-, 5/29/14)
AILA President: Window Closing on Immigration – House Must Delay No More
AILA President Doug Stump responded to news reports that President Obama has delayed the completion of the Department of Homeland Security’s (DHS) review of deportation policy until August, by calling on Congress to “use this time to do what is right for our country” and pass immigration reform.
AILA Amicus Brief on Using the Categorical Approach to Assess Overbroad Controlled Substance Statutes
AILA amicus brief urging the Board of Immigration Appeals to assess overbroad controlled substance statutes under the categorical approach, and to reaffirm that the modified categorical approach is applicable only to divisible statutes.
BIA Says Testimony Alone Sufficient to Prove Waive-Through at Port of Entry
Unpublished BIA decision holds credible testimony sufficient to meet respondent’s burden of proving “admission” under Matter of Quilantan by being waived through a port of entry. Special thanks to IRAC. (Matter of Fonseca, 5/27/14)
AILA Quicktake #76: Response to CIS Report
Last week, the Center for Immigration Studies (CIS) released a report claiming U.S. Immigration and Customs Enforcement (ICE) is setting free tens of thousands of dangerous criminals. Ben Johnson, Executive Director of the American Immigration Council (AIC) explains where the CIS report is in error.
ICE Directive on Sexual Abuse and Assault Prevention and Intervention
ICE directive, dated 5/22/14, establishing policy and procedures for prevention of sexual abuse or assault of individuals in ICE custody and providing agency-wide policy and procedures for timely notification of sexual abuse and assault allegations, prompt and coordinated response, and monitoring.
Video: In-Depth Report on AILA's Prolonged Detention Briefs
AILA member Stephen Manning gives an in-depth analysis of prolonged detention in the immigration system. Recently, AILA filed two briefs encouraging Attorney General Eric Holder to adopt a comprehensive, rational immigration detention policy.
AILA Quicktake #75: Federal Immigration Detention Reform
Immigration attorney and member of AILA's Amicus Committee Stephen Manning discusses the importance of immigration detention reform.
AILA: Immigration Court Computer Failure Emphasizes Need for Increased Funding
AILA President Doug Stump welcomed the news that EOIR has fixed the month-long computer system failure that had plagued the country’s immigration courts but called for funding “sufficient to ensure that this kind of systemic failure doesn’t happen again.”
BIA Holds It Lacks Jurisdiction to Review “No Risk” Determination in Adam Walsh Act Cases
The Board held that it does not have jurisdiction to review a “no risk” determination by USCIS when reviewing cases involving the Adam Walsh Act, including the appropriate standard of proof to be applied. Matter of Aceijas-Quiroz, 26 I&N Dec. 294 (BIA 2014)
BIA Holds That USCIS Can Consider Underlying Conduct in Adam Walsh Act Cases
The Board held that USCIS may inquire into the facts and conduct underlying a petitioner’s conviction to determine if it is a “specified offense against a minor” under the Adam Walsh Act. Matter of Introcaso, 26 I&N Dec. 304 (BIA 2014)
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.