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
TRAC Report Finds Criminal Deportation Filings Drop to 12% in FY2014
Transactional Records Access Clearinghouse (TRAC) report finding that during the first five months of FY2014, only 12% of all filings in the Immigration Courts seeking to deport noncitizens have been based on alleged criminal activity, dropping from 14% during FY2013 and 16% in FY2012.
AILA Statement for FY2015 Senate Appropriations Hearing
AILA statement submitted to the Subcommittee on Homeland Security of the Committee on Appropriations of the U.S. Senate Hearing on the Department of Homeland Security fiscal year 2015 budget.
BIA Terminates Proceedings Against K Visa Holder Who Failed to Marry Within 90 Days
Unpublished BIA decision grants joint motion to terminate to permit adjustment of status before USCIS by respondent who entered on K visa but failed to marry for 273 days. Special thanks to IRAC. (Matter of Miles, 3/12/14)
BIA Holds Wisconsin Offense Not Sexual Abuse of a Minor
Unpublished BIA decision holds Wisconsin third degree sexual assault is not an aggravated felony involving sexual abuse of a minor in part because the victim's age is not an element of the crime. Special thanks to IRAC. (Matter of Martinez, 3/11/14)
BIA Remands to Consider Whether Wisconsin Offense is Aggravated Felony Under Moncrieffe
Unpublished BIA decision remands to consider whether delivery of THC in Wisconsin is an aggravated felony, stating that the statute "must indicate that the offense involved either remuneration or more than a small amount of marijuana." Special thanks to IRAC. (Matter of Pham, 3/11/14)
BIA Remands for Consideration of Eligibility for Voluntary Departure
Unpublished BIA decision remanding for consideration of the respondent’s eligibility for voluntary departure, as the respondent argued on appeal that he appeared pro se before the IJ and the IJ did not address his eligibility for voluntary departure. Courtesy of Cristobal Colindres.
CA9 Finds BIA Did Not Engage in Improper Fact Finding in Serious Crime Determination
The court found the BIA did not engage in improper fact finding when it concluded that petitioner was not eligible for withholding of removal because his California conviction for transportation of methamphetamine constituted a particularly serious crime. (Perez-Palafox v. Holder, 3/11/14)
AILA Statement for FY2015 House Appropriations Hearing
AILA statement submitted to the Subcommittee on Homeland Security of the Committee on Appropriations of the U.S. House of Representatives Hearing on the Department of Homeland Security fiscal year 2015 budget.
CA9 Finds California Felony False Imprisonment Is Not a CIMT
The court vacated the BIA’s final order of removal, holding that felony false imprisonment under California law is not a crime involving moral turpitude (CIMT), because it does not require the intent to injure, actual injury, or a protected class of a victim. (Turijan v. Holder, 3/10/14)
BIA Holds DUI on Suspended License Not a CIMT
Unpublished BIA decision holds DUI while on a suspended license under Ariz. Rev. Stat. 28-1383(A)(1) is not a categorical CIMT and that statute is not divisible under Descamps v. United States. Special thanks to IRAC. (Matter of Sainz, 3/10/14)
BIA on Visa Petitions by Stepparents
Unpublished BIA decision states that proof of active parenting and continuing financial support by stepparent is not required to find stepchild eligible for a visa petition. Special thanks to IRAC. (Matter of Alvarado Cortez, 3/10/14)
BIA Remands for Further Consideration of Motion to Suppress
Unpublished BIA decision remands for further consideration of motion to suppress because IJ made no findings regarding traffic stop conducted by local police or whether the respondent was interviewed by a federal immigration officer. Special thanks to IRAC. (Matter of Fonseca, 3/10/14)
BIA Remands Record to Consider Application Deemed Abandoned by IJ
Unpublished BIA decision grants DHS motion to remand to let respondent to submit CAT claim deemed abandoned by IJ because it was not filed by a court-imposed deadline. Special thanks to IRAC. (Matter of Mateo Mateo, 3/10/14)
BIA Remands Record Because Attorney Was Not Mailed Hearing Notice
Unpublished BIA decision remands record because respondent’s attorney was not mailed hearing notice despite having submitted an entry of appearance (Form EOIR-28). Special thanks to IRAC. (Matter of Cole, 3/7/14)
DHS Final Rule with Prison Rape Elimination Act (PREA) Regulations
DHS final rule with regulations setting standards to prevent, detect, and respond to sexual abuse and assault in DHS detention centers. Rule is effective 5/6/14. (79 FR 13100, 3/7/14).
CA5 Finds Aiding and Abetting Improper Entry Conviction Renders Petitioner Removable
The court denied the petition for review , concluding that the documents associated with petitioner’s conviction for aiding and abetting improper entry under §274(a) rendered him removable under §237(a)(1)(E)(i). (Santos-Sanchez v. Holder, 3/7/14)
CA8 Denies Petition to Review Cancellation Denial
The court denied the petition to review the cancellation of removal denial for the Nigerian petitioner with a previous sham marriage, finding no errors by the IJ or BIA regarding admission of testimony nor incorrect legal standards. (Zeah v. Holder, 3/6/14)
BIA Criticizes IJ For Denying Motion to Appear Telephonically
Unpublished BIA decision faults IJ for denying motion for telephonic appearance when the charges of removability were not contested and appearing in person required respondent and counsel to incur substantial financial difficulty. Special thanks to IRAC. (Matter of Shitote, 3/6/14)
CA3 Finds BIA Did Not Meaningfully Review New Evidence in Chinese Asylum Case
The court vacated the order denying the motion to reopen and remanded, finding that the BIA’s opinion did not reflect meaningful consideration of much of the evidence the petitioner submitted in support of her motion relating to forced sterilization in China. (Zhu v. Att’y Gen., 3/4/14)
CA3 Finds Immigration Detainers Do Not Compel Local LEAs to Detain Suspected Noncitizens
The court vacated and remanded, concluding that immigration detainers issued pursuant to 8 CFR §287.7 do not compel state or local law enforcement agencies (LEAs) to detain suspected noncitizens subject to removal pending release to immigration officials. (Galarza v. Szalczyk, 3/4/14)
CA7 Remands Asylum Denial for Landowner from Colombia
The court remanded, finding that the petitioner suffered direct persecution on account of being a landowner of means who refused to cooperate with the Revolutionary Armed Forces of Colombia (FARC) when the FARC threatened and kidnapped her father. (N.L.A. v. Holder, 3/3/14)
DOJ OIL March 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2014, with articles on CIMTs and adverse credibility determinations, as well as summaries of circuit court decisions for March 2014 and litigation highlights.
CA3 Finds NY Attempted Arson Is Not an Aggravated Felony
The court vacated the BIA’s decision and remanded, finding that the absence of the federal jurisdictional element in the New York arson statute exempts it from the INA §101(a)(43)(E)(i) definition of an aggravated felony. (Bautista v. Att’y Gen., 2/28/14)
BIA Administratively Closes Proceedings Against EWI With No Eligibility for Relief
Unpublished BIA decision administratively closes proceedings after DHS agrees to favorable exercise of prosecutorial discretion against respondent who entered without inspection and was not eligible for relief from removal. Special thanks to IRAC. (Matter of Garcia, 2/28/14)
AAO Sustains Appeal of I-601 Waiver for Pakistani Petitioner
Unpublished AAO decision sustaining appeal of an I-601 waiver, finding that the applicant’s spouse would suffer extreme hardship and warranted a favorable exercise of discretion, in light of the criminal conviction and fraudulent asylum application. Courtesy of Usman B. Ahmad.