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
District Court Adopts Bright-Line Six-Month Rule in Prolonged Detention Case
Adopting the reasoning of the Ninth Circuit, the district court held that detention pursuant to INA §236(c) is presumptively unreasonable after six months and that ICE detainees are entitled to a bond hearing after six months. (Reid v. Donelan, 1/9/14)
1st Things First (October 2013)
October 2013 edition of 1st Things First. Courtesy of the AILA New England Chapter.
CA8 Gives Deference to March 9, 2005 Yates Memo on 245(i)
The court affirmed the BIA’s decision that petitioner was not grandfathered under INA §245(i) based on an I-130 that was filed by his former LPR spouse and granted in 1986, because the I-130 had already been used by the beneficiary to obtain adjustment of status. (Mansour v. Holder, 1/9/14)
BIA Reopens Sua Sponte for Pursuit of Adjustment of Status
Unpublished BIA decision reopens proceedings sua sponte over DHS opposition to permit respondent to seek adjustment of status based on an approved I-130. (Matter of Boye, 1/8/14) Special thanks to IRAC.
AILA/AIC File Amicus Brief on 212(h) Waiver Eligibility
Amicus brief filed by AILA and AIC, arguing that an individual who adjusts to LPR status after entering the U.S. is eligible for a 212(h) waiver because he is not “an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence.”
USCIS Provides TRIG Statistics from 1/8/14 Meeting
Statistics current as of 12/31/13, provided by USCIS at a TRIG stakeholder meeting held on 1/8/14, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
BIA Says Noncitizens Must Have Access to Visa or Entry Document in Proceedings
Unpublished BIA decision remands record due to submission of evidence on appeal indicating respondent was admitted on agricultural visa, says respondents "shall have access to the alien's visa or other entry document" during proceedings. (Matter of Torres, 1/6/14) Special thanks to IRAC.
BIA Denies Reopening After Legalization of Same-Sex Marriage
Unpublished BIA decision denies motion to reopen based on same-sex marriage to U.S. citizen because marriage certificate and pending I-130 were not sufficient to establish bona fides. (Matter of Lopez, 1/3/14) Special thanks to IRAC.
CA3 on Finality of Conviction for Immigration Purposes
The court reversed the decision of the IJ and BIA, holding that a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived. (Orabi v. Att’y Gen., 1/2/14)
CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud
The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). (Darif v. Holder, 1/2/14)
DOJ OIL January 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2014, with articles on individuals with bipolar disorder as a particular social group and the immigration consequences of military service, as well as circuit court decisions for January 2014 and monthly topical parentheticals.
CA9 Finds Material Inconsistencies in One Asylum Claim Support an Adverse Credibility Determination on Another Claim
The court denied the petition for review, applying the maxim falsus in uno, falsus in omnibus to find that material inconsistencies in testimony regarding one claim support an adverse credibility determination on another claim in a pre-REAL ID Act case. (Li v. Holder, 12/31/13)
BIA Grants Motion to Reconsider Based on Error Regarding Eligibility for U Status
Unpublished BIA decision grants motion to reconsider after recognizing prior erroneous determination that respondent was not prima facie eligible for U status. (Matter of Gutierrez, 12/31/13) Special thanks to IRAC.
BIA Reverses IJ’s Discretionary Denial of Asylum in Somali FGM Case
Unpublished BIA decision sustains the appeal, reverses the IJ’s discretionary denial of asylum, and concludes respondent met her burden of proof for asylum based on FGM and merits relief as a matter of discretion. Courtesy of Kimberly Hunter.
EOIR Publishes “Phase I Guidance” Regarding Protections for Detained, Unrepresented Aliens Who May Be Mentally Incompetent
EOIR’s final “Phase I Guidance” regarding its nationwide plan to provide protections to detained unrepresented aliens who may be mentally incompetent to represent themselves.
BIA Remands For Evidentiary Hearing Regarding Failure to Receive Hearing Notice
Unpublished BIA decision remands for evidentiary hearing concerning non-receipt of hearing notice where Notice To Appear and in absentia removal order were returned as undeliverable. (Matter of Szypulski, 12/30/13) Special thanks to IRAC
BIA Upholds “Reason to Believe” Finding Against Suspected Drug Dealer
Unpublished BIA decision finds “reason to believe” in INA 212(a)(2)(C) is akin to “probable cause,” and upholds the finding of inadmissibility based on drug-related arrest and invocation of Fifth Amendment. (Matter of Isabel Diaz, 12/30/13) Special thanks to IRAC
BIA Remands After 90-Day Filing Window Due to Totality of Circumstances
Unpublished BIA decision remands even though respondent’s motion was untimely filed, as respondent received inaccurate information from DHS officials regarding how to proceed and the new counsel obtained conviction records not previously in the record. Courtesy of Haitham Ballout.
BIA Denies §245(i) Adjustment Application Due to Improper Labor Certification Filing
Unpublished BIA decision upholds denial of adjustment application under INA 245(i) because the underlying labor certification was filed in the wrong state. (Matter of Anwar, 12/30/13) Special thanks to IRAC.
BIA Finds Retraction of False Citizenship Claim Not Made Voluntarily and Without Delay
Unpublished BIA decision finds retraction of false claim to U.S. citizenship after presentation of evidence of French citizenship was not made “voluntarily and without delay.” (Matter of Martin, 12/27/13) Special thanks to IRAC.
CRS Report on Prosecutorial Discretion in Immigration Enforcement
Congressional Research Service (CRS) report on prosecutorial discretion in immigration enforcement including how it is applied and potential limits on the exercise of discretion.
CA4 Denies Petition to Review Forced Sterilization Claim
The court denied the petition to review the denial of asylum and withholding, finding that the adverse credibility finding relating to petitioner’s claim that he would be sterilized in China instead of his wife was supported by substantial evidence. (Pan v. Holder, 12/17/13)
BIA Finds Hand-Written IJ Decision Not Sufficient for Appellate Review
Unpublished BIA decision remands for further consideration of motion to reopen because IJ’s hand-written decision stating that the “court courts with the position of DHS” was not sufficient for meaningful appellate review. (Matter of Ibrahim, 12/26/13) Special thanks to IRAC.
CA9 on BIA’s “Place-of-Filing” Rule
The court vacated and remanded, holding that the BIA’s “place-of-filing” rule is a procedural claims-processing rule, not a jurisdictional bar to the BIA’s authority to consider a motion to reopen. (Hernandez v. Holder, 12/24/13)
BIA Considers Appeal on Merits After Removal of Respondent
Unpublished BIA decision finds that respondent’s removal while the appeal of the denial of his motion to reopening was pending did not represent a “departure” under 8 CFR 1003.4 constituting a withdrawal of the appeal. (Matter of Amparo Abreu, 12/24/13) Special thanks to IRAC.