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
BIA Upholds Grant of Adjustment Despite Illegal Re-Entry During Three-Year Bar
Unpublished BIA decision finds respondent eligible to adjust status under INA 245(i) despite having illegally re-entered the country because he was no longer subject to the three-year unlawful presence bar. Special thanks to IRAC. (Matter of Cruz, 4/9/14)
BIA Finds Pro Se Respondent Not Given Adequate Time to Seek Counsel
Unpublished BIA decision holds that a nine-day continuance over a holiday period for a detained respondent who did not speak English was insufficient time to retain counsel. Special thanks to IRAC. (Matter of Castillo, 4/9/14)
BIA Remands for 212(c) Hearing
Unpublished BIA decision finds respondent eligible for 212(c) waiver for conviction sustained after jury trial, finding Matter of Abdelghany trumps Sixth Circuit decision in Kellerman. Special thanks to IRAC. (Matter of J-G, 4/9/14)
AILA Amicus Brief on Use of State Department Reports in Asylum Cases
Amicus brief filed by AILA and other organizations asking the Ninth Circuit Court of Appeals to rehear Angov v. Holder en banc. The brief argues that State Department reports not subject to cross-examination invite adjudication of asylum claims based on speculation rather than evidence.
BIA Finds Nevada Attempted Possession of Stolen Vehicle Is Not an Aggravated Felony
The BIA sustained the appeal and remanded, finding that attempted possession of a stolen vehicle under Nevada law, which requires a mental state of “reason to believe,” is not categorically an aggravated felony under INA §§ 101(a)(43)(G) and (U). Matter of Sierra, 26 I&N Dec. 288 (BIA 2014).
CA7 Declines to Review Withholding Denial for Mexican Petitioner Fleeing Abusive Wife
The court held that the BIA did not err by finding that the petitioner failed to identify “persons who face persecution by corrupt governmental and law enforcement authorities instigated by a politically connected spouse” as a valid social group. (Ruiz-Cabrera v. Holder, 4/8/14)
TRAC Report Reveals Secure Communities Program Failures
Transactional Records Access Clearinghouse (TRAC) report finding that the number of noncitizens deported by ICE who have committed crimes other than minor violations, the primary targets of the Secure Communities program, has declined over the last four years.
AIM: Mental Health and Detention
For April's AILA Interview of the Month (AIM), immigration attorney and AILA member Rebecca Rojas joins us on Skype from Atlanta, Georgia, to discuss mental health and detention.
BIA Terminates Proceedings Sua Sponte After Circuit Ruling
Unpublished BIA decision reopens and terminates proceedings sua sponte in light of Third Circuit decision finding respondent non-removable but not remanding for further proceedings. Special thanks to IRAC. (Matter of Borrome, 4/7/14)
USCIS Extension of Comment Request on Form I-821D (Updated 4/15/14)
USCIS 30-day extension of information collection on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are now due on 5/5/14. USCIS correction issued to add e-Docket ID, due date remains unchanged. (79 FR 18925, 4/4/14) (79 FR 21257, 4/15/14)
BIA Holds Detainees Awaiting Reinstatement Eligible for Bond Hearings in Ninth Circuit
Unpublished BIA decision holds that detainees awaiting the reinstatement of a prior removal order are eligible for bond hearings under Rodriguez v. Robbins, 715 F.3d 1127 (9th Cir. 2013), if detained for more than six months. Special thanks to IRAC. (Matter of Quezada, 4/4/14)
CA8 Declines to Review Asylum Denial for Chinese Christian
The court denied the petition to review the asylum denial, finding that the IJ did not violate the petitioner’s right to due process because the Mandarin Chinese interpreter provided at the hearing was competent. (Yang v. Holder, 4/4/14)
CA1 Declines to Review MTR for Christian Indonesians Seeking Asylum
The court denied the petition to review the motion to reopen (MTR) the asylum denials, finding that Christian Indonesian petitioners failed to demonstrate error sufficient to warrant reopening of their removal proceedings. (Marsadu v. Holder, 4/4/14)
BIA Rescinds In Absentia Order Because Counsel Was Not Notified of Hearing
Unpublished BIA decision rescinds in absentia removal order where respondent’s prior counsel submitted statement saying he did not receive hearing notice, noting respondent acted diligently in seeking reopening. Special thanks to IRAC. (Matter of Foster, 4/3/14)
AILA Amicus Urges Court to Hold Asylum Is Available to Individuals Subject to Reinstatement
AILA amicus brief filed with the Ninth Circuit Court of Appeals, arguing that any noncitizen arriving or physically present in the U.S. is eligible to apply for asylum notwithstanding whether he has returned after removal or departure under a removal order.
AILA's Recommendations on 2015 Appropriations
AILA’s recommendation on appropriations for fiscal year 2015, with focus on the detention bed quota, the number of detention beds, alternatives to detention and immigration courts.
The Myth of Immigration 'Non-Enforcement'
AILA background document detailing how the country has seen a dramatic increase in enforcement under President Obama’s administration. Includes graphs on DHS removals, numbers of individuals in detention, number of ‘no-process’ removals, and federal criminal prosecutions for immigration violations.
AILA's Take on Detention
AILA’s take on detention, with a specific focus on ending the detention bed quota, affording due process to those who are detained, and encouraging the greater use of alternatives to detention.
EOIR Comment Request on Immigration Practitioner Complaint Form
EOIR 60-day comment request on the Immigration Practitioner Complaint Form, used by individuals who wish to file a complaint against an immigration practitioner authorized to appear before the BIA and the immigration courts. Comments will be accepted until 6/2/14. (79 FR 18581, 4/2/14)
DACA SOP for Form I-821D and Form I-765
The National Standard Operating Procedures (SOP) for Deferred Action for Childhood Arrivals (DACA) Forms I-821D and I-765, prepared by the Service Center Operations Directorate. Manual is dated April 4, 2013, version 2.0 and was provided to AIC and NILC in response to a FOIA request.
MPI Report on Reconciling Tough and Humane Enforcement
Migration Policy Institute (MPI) April 2014 report analyzing current pipelines for removal and key trends in border and interior apprehensions, deportations and criminal prosecutions, and examining policy levers the Obama administration has to influence deportation policies, practices, and results.
AILA Amicus Brief in First Circuit on Mandatory Detention Under §236(c)
AILA amicus brief filed with the First Circuit Court of Appeals, arguing that mandatory detention under INA §236(c) does not apply to noncitizens taken into immigration custody well after being released from the predicate criminal custody.
CA7 Declines to Review Untimely Motion to Reopen
The petitioners sought to reopen their removal proceedings to administratively close their case and seek a provisional waiver of their inadmissibility, and the court denied the petition for review, as the motion to reopen the asylum denial was untimely. (Patel v. Holder, 4/1/14)
DOJ OIL April 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for April 2014, with articles on persecution in relation to political affiliation and social groups as well as the application of IIRIRA’s reinstatement provision. The bulletin also contains recent circuit court decisions and EOIR statistics for FY2013.
CA9 Remands for BIA to Determine Whether California Assault Crime is a CIMT
The en banc court granted the petition for review and remanded for the BIA to determine in the first instance whether California Penal Code §245(a)(1), assault with a deadly weapon other than a firearm, constituted a crime involving moral turpitude (CIMT). (Ceron v. Holder, 3/31/14)