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
CA7 Vacates Removal Order for Honest Mexican Police Officer Seeking Asylum
The court found the removal order of the Mexican petitioner seeking asylum under the social group of honest police officers could not stand without further proceedings, and the distinction between honest police and effective honest police was without merit. (R.R.D. v. Holder, 3/19/14)
BIA Says Texas Class A Assault Qualifies for Petty Offense Exception
Unpublished BIA decision says Texas conviction for “Class A” assault would qualify for petty offense exception even if it is a CIMT. Special thanks to IRAC. (Matter of Tipaz, 3/19/14)
USCIS Performance Data on DACA Applications for First Quarter of FY2014
USCIS statistics on I-821D DACA applications, broken down by intake (accepted and rejected), biometrics, and case status (received, approved, denied, or pending) for FY2012 through FY2014, with FY2014 data for the first quarter.
CBP Guidance on Exercises of Discretion and Prosecutorial Discretion
CBP guidance, obtained through FOIA litigation filed by AIC, on CBP policies related to exercises of discretion and prosecutorial discretion. Includes information on waivers of documentary requirements, parole, deferred inspection, voluntary return, and NTA release. The litigation is still pending.
BIA Orders Further Consideration of "Official Authorization" Defense to Unlawful Voting Charge
Unpublished BIA decision remands record to consider whether respondent has valid defense to unlawful voting charge based on receipt of state voter registration card. Special thanks to IRAC. (Matter of Tsaglas, 3/18/14)
BIA Orders Further Consideration of Motion to Suppress Based on Racial Profiling
Unpublished BIA decision remands for further consideration of motion to suppress because IJ failed to consider the argument that the initial stop by Border Patrol was motivated by racial profiling. Special thanks to IRAC. (Matter of Munoz-Barahona, 3/18/14)
BIA Reverses Denial of Continuance for Respondent Seeking U Visa
Unpublished BIA decision reverses denial of unopposed motion for continuance submitted after filing of U visa application supported by signed law enforcement certification. Special thanks to IRAC. (Matter of Carrillo, 3/28/14)
CA11 Denies Petition to Review Asylum Denial in Chinese Forced Sterilization Case
The court found petitioners did not show the IJ and BIA erred in determining a 2006 "official document" from the Birth Control Office was unauthenticated and thus did not err in giving it little or no weight when denying the forced sterilization asylum case. (Wu v. U.S. Att’y Gen., 3/18/14)
CA4 Upholds Cancellation of Removal Denial
The court denied in part and dismissed in part, finding that petitioner did not qualify for cancellation of removal since the Notice to Appear was valid even though it contained missing charges and incorrect dates and times, and the stop-time rule applied. (Urbina v. Holder, 3/17/14)
EOIR Comment Request on EOIR Forms 42A and 42B
EOIR 60-day comment request on the Application for Cancellation of Removal (42A) for Certain Permanent Residents and Application for Cancellation of Removal and Adjustment of Status (42B) for Certain Nonpermanent Residents. Comments are due by 5/16/14. (79 FR 14734, 3/17/14)
CA9 Applies Modified Categorical Approach to California Controlled Substance Statute
The court found §11377(a) of the California statute divisible under Descamps and applied the modified categorical approach to find petitioner was convicted of possessing methamphetamine, a controlled substance under federal law. (Coronado v. Holder, 3/14/14, amended 7/18/14).
BIA Asks IJ to Consider Loss of Income from Both Parents if One Parent Is Removed
Unpublished BIA decision remanding cancellation denial, finding IJ did not consider the fact that child’s mother works in respondent’s janitorial business, and did not consider financial impact of loss of income from both parents, as a result of his removal. Courtesy of Diana M. Bailey.
BIA Holds AOS Is Admission for Purposes of Removal Due to Aggravated Felony Conviction
The Board held that adjustment of status constitutes an admission for purposes of deciding removability under §237(a)(2)(A)(iii), and the crime of sodomy by force in violation of the Uniform Code of Military Justice is an aggravated felony. Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014)
BIA Remands MTR Denial and States that IJ Must Make Clear and Complete Findings of Fact
Unpublished BIA decision finding that the IJ did not explain the basis of his denial of respondent’s motion to reopen (MTR) except to deny for the “reasons stated in DHS opposition,” and stating that the IJ must make clear and complete findings of fact. Courtesy of Usman B. Ahmad.
BIA Vacates Denial of Continuance Pending U Visa Application
Unpublished BIA decision remands record because IJ denied request for continuance pending the adjudication of a U visa application without considering DHS’ response and or whether the petition was prima facie approvable. Special thanks to IRAC. (Matter of Fuentes, 3/13/14)
BIA Upholds Finding that Marriage Fraud Admission Was Not Reliable
Unpublished BIA decision upholds termination of proceedings where DHS failed to establish marriage fraud due in part to the unreliability of a statement during a prior interview that marriage was fake. Special thanks to IRAC. (Matter of Sot, 3/13/14)
BIA Remands Case Involving Indiana “Synthetic Identity Deception”
Unpublished BIA decision remands for consideration of whether "synthetic identity deception" under Ind. Code 35-43-5-3.8(a)(3) is divisible in light of Descamps v. U.S. Special thanks to IRAC. (Matter of Ugarte Delgado, 3/13/14)
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.