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
CA5 Finds Asylum Grants Were Critical to International Child Abduction Determination
The court vacated the district court order and remanded, finding that the asylum grants to the three minor children were critical to a determination of whether one or more of the Hague Convention’s exception to return applies. (Sanchez v. RGL, 2/21/14)
CA2 Affirms Denial of Motion to Reopen (MTR)
Petitioner argued she should have been placed in exclusion proceedings, not deportation proceedings, but since she conceded she was deportable, the court held the BIA did not abuse its discretion in affirming the denial of the MTR. (Li v. Holder, 2/21/14)
CA2 Asks BIA to Rule on Duress Exception to Material Support Bar
The court granted the petition in part, to permit the BIA to make a precedential ruling on whether a duress exception to the material support bar is implicit in INA §212 (a)(3)(B)(iv)(VI), (a)(3)(B)(i)(I). (Ay v. Holder, 2/20/14)
BIA Reopens Proceedings Due to Attorney Advice Not to Attend Hearing
Unpublished BIA decision reopens proceedings at which respondent was removed in absentia upon finding attorney's advice that he need not attend hearing constituted exceptional circumstances justifying his failure to appear. (Matter of Macal-Ventura, 2/20/14) Special thanks to IRAC.
BIA Finds IJ Failed to Provide Required Biometrics Warnings
Unpublished BIA decision remands record because IJ deemed respondent’s TPS application abandoned without providing required warnings under 8 CFR 1003.47(d) regarding failure to provide biometrics. (Matter of Alfaro, 2/20/14) Special thanks to IRAC.
BIA Requires DHS to Disclose Records of Prior TPS Applications
Unpublished BIA decision remands record because IJ failed to adequately address respondent's TPS claim and requires DHS to submit administrative record on remand regarding prior TPS applications. (Matter of Tunis, 2/20/14) Special thanks to IRAC.
OSC Flyer on Employment Rights for DACA Recipients
OSC flyer on employee rights of DACA recipients, including how to tell if an employer is being discriminatory, if a DACA status must be disclosed, and how DACA status might affect E-Verify. Also included is contact information if discrimination needs to be reported to DOJ.
EOIR Ten-Year Evaluation of BIA Pro Bono Project
EOIR 2002-2011 evaluation of the BIA Pro Bono Project, finding that the Project had an average success rate of 87% in matching pro se respondents with pro bono counsel and that pro bono clients are more likely than their unrepresented counterparts to obtain a favorable outcome of the Board.
Guidance for Individuals Granted DACA by ICE (Updated 2/21/14)
USCIS guidance for those granted deferred action under the DACA process by ICE who have an EAD expiring in the next 120 days. DACA renewals must be approved prior to expiration of the initial period of deferred action to avoid a lapse in employment authorization or accrual of unlawful presence.
BIA Remands Record Because IJ Incorporated Prior Findings “By Reference” in Decision
Unpublished BIA decision remands for new decision were IJ’s discussion of DHS burden of proof was contained in transcript, incorporated “by reference” into the decision, and provided an insufficient basis for a meaningful review. (Matter of Kim, 2/19/14) Special thanks to IRAC.
BIA Upholds Grant of Adjustment Despite Numerous Criminal Convictions
Unpublished BIA decision upholds grant of adjustment over DHS arguments that respondent was controlled substance trafficker, committed fraud at removal hearing, and did not merit favorable exercise of discretion. (Matter of R-P-, 2/19/14) Special thanks to IRAC.
CA2 Certifies Question of Incest to New York Court of Appeals
To properly evaluate the order of removal and denial of the petition to remove conditions, the court certified to the NY Court of Appeals the question of whether the petitioner’s marriage to her half-uncle was void for incest under NY Domestic Relations Law. (Nguyen v. Holder, 2/19/14)
BIA Upholds Treatment of Returning LPR as Applicant for Admission
Unpublished BIA decision holds over dissenting opinion that respondent alleged to have fraudulently obtained LPR status was properly charged as applicant for admission upon returning from travel abroad. (Matter of Alcaraz, 2/18/14) Special thanks to IRAC.
BIA Terminates Proceedings Against Respondent Who Raised Constitutional Challenges
Unpublished BIA decision grants joint motion to terminate proceedings against respondent who argued that he was unlawfully held under immigration detainer and that removal would be constitutionally disproportionate. (Matter of Villanueva, 2/18/14) Special thanks to IRAC.
AILA and AIC Comments on Revised Form I-821D
AIC and AILA comments in response to proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions. The revised form included information on the DACA renewal process.
BIA Says Diligence in Filing Could be Factor in Reopening Cases Sua Sponte
Unpublished BIA decision declines to reopen sua sponte under Carachuri-Rosendo v. Holder but says “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” (Matter of Alvarado, 2/14/2014) Special thanks to IRAC.
CA1 Upholds Cancellation of Removal Denial
The court denied the petition in part and dismissed in part for lack of jurisdiction, upholding the cancellation of removal denial based on the lack of hardship the U.S.-born gifted son would suffer if the parents were removed to Guatemala. (Alvarado v. Holder, 2/14/14)
CA5 Upholds Cancellation Denial for Petitioner with Texas Domestic Violence Conviction
The court denied the petition for review, finding that petitioner’s TX conviction of aggravated assault of a family member, a second degree felony, triggers the stop-time rule under INA §240A(d)(1) and denies him eligibility for cancellation of removal. (Miresles-Zuniga v. Holder, 2/14/14)
Practice Pointer: Understanding Withholding of Removal (Updated 4/2/14)
Practice pointer on the main conceptual and practical differences between asylum and withholding of removal and how a grant of withholding will affect your client going forward. Special thanks to Cheri Attix and the AILA Asylum and Refugee Liaison Committee.
TRAC Report Finds ICE Success in Obtaining Removal Orders Drops to 50%
Transactional Records Access Clearinghouse (TRAC) report finding that ICE has had diminishing success in convincing Immigration Judges to issue removal orders, as such orders are now being granted about 50% of the time. Results varied widely by state.
CA5 Holds Florida Cocaine Delivery Conviction Is Not an Aggravated Felony
The court vacated and remanded the cancellation of removal denial, holding that the Florida offense of delivering cocaine for which petitioner was convicted was not categorically an aggravated felony. (Sarmientos v. Holder, 2/12/14)
BIA Remands Discretionary Denial of Adjustment Application
Unpublished BIA decisions remands discretionary denial of adjustment application where IJ failed to consider positive equities or make factual findings regarding alleged discrepancy between testimony and police report. (Matter of Coutinho, 2/11/14) Special thanks to IRAC.
TRAC Report Finds Targeting of ICE Detainers Varies Widely by State and by Facility
Transactional Records Access Clearinghouse (TRAC) report finding that ICE placed detainers on approximately half a million individuals during FY2012-FY2013, half of whom had no convictions. The report also reveals wide variation by state and facility.
Practice Alert: BIA Considers Controlled Substance Convictions
Practice alert on a case before the BIA that relates to when a California controlled substance conviction can trigger deportation. The case may result in a published decision, and the issues considered may apply to other states. Special thanks to the Defending Immigrants Partnership.
BIA Reopens Proceedings Despite Lack of Evidence Commingling of Finances
Unpublished BIA decision reopens proceedings over DHS opposition based on bona fides of marriage, excuses lack of commingling of finances because respondent lacked work authorization and wife was unemployed. (Matter of Anakor, 2/10/14) Special thanks to IRAC.