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 Remands for Hearing on Abandonment of LPR Status
Unpublished BIA decision remands record for hearing on whether respondent intended to abandon LPR status by signing Form I-407 so he could obtain medical treatment abroad. (Matter of Morisset Boisvert, 1/29/14) Special thanks to IRAC.
AILA Agrees with President Obama: "It’s Time for Immigration Reform"
AILA applauds the renewed commitment to real immigration reform exemplified by President Obama in his State of the Union address. During his speech he focused on many topics but on immigration he was focused and concise, tying fixing our broken immigration system to economic growth.
BIA Upholds Suppression of Evidence Due to Prolonged Traffic Stop
Unpublished BIA decision upholds suppression of evidence obtained after respondent was detained after accidentally turning into National Security Agency facility, says evidence of alienage from state database not sufficiently attenuated. (Matter of Lara, 1/28/14) Special thanks to IRAC.
BIA Says Descamps Supersedes Prior Decisions on Divisibility
Unpublished BIA decision terminates proceedings after finding Florida’s theft statute not divisible and prior Board decisions on the modified categorical approach superseded by Descamps v. U.S. (Matter of Forvilus, 1/28/14) Special thanks to IRAC.
BIA Remands Asylum Claim of Eritrean Fearing Military Service
Unpublished BIA decision remands for further consideration of asylum claim due to evidence indicating that Eritrean military conscripts are subjected to involuntary servitude and evaders receive disproportionate punishment (Matter of D-G-, 1/28/14) Special thanks to IRAC.
BIA Reopens Sua Sponte for Consideration of Cancellation Application
Unpublished BIA decision reopens proceedings sua sponte over DHS opposition to allow the respondent to submit an application for cancellation of removal. (Matter of Cruz, 1/27/14) Special thanks to IRAC.
CA9 Says BIA Did Not Err in Finding Petitioner Removable Under INA §212(a)(2)(C)(i)
The court found the BIA did not err when finding petitioner removable under INA §212(a)(2)(C)(i), based on circumstantial evidence and a guilty plea from the related overturned conviction. (Chavez-Reyes v. Holder, 1/27/14)
AILA’s Take on the Detention Bed Quota (Updated 4/2/14)
AILA’s take on the detention bed quota, an arbitrary number of detention beds set by Congress each year during the appropriations process.
USCIS Provides Asylum Division Statistics (October 2013 Through December 2013)
Statistics provided by USCIS Asylum Division including data on asylum office workload, number of asylum applications filed, breakdown of nationalities of asylum applicants, statistics on cases completed, credible fear reports, country-specific info, and more, for October 2013 through December 2013.
Justin Bieber’s Immigration Story: An Opportunity to Engage
How should we respond to the Justin Bieber story; as an organization, as leaders of that organization, and as individual members? The first reaction would probably be to not respond at all. It's irrelevant, it's beneath us, it's a fluff piece with no relevance to us as either attorneys or as an or
CA5 Dismisses Petition for Lack of Jurisdiction
The court found it lacked jurisdiction to review petitioner’s due process challenge to his order of removal because he failed to contest his removability in prior proceedings and found that the petitioner’s challenge to the reinstatement order was without merit. (Martinez v. Johnson, 1/24/14)
BIA Reopens Sua Sponte to Permit Submission of Adjustment Application
Unpublished BIA decision reopens proceedings sua sponte over DHS opposition and remands record to permit respondent to apply for adjustment of status. (Matter of Ibrahim, 1/24/14) Special thanks to IRAC.
BIA Finds Pennsylvania Reckless Endangerment is CIMT
Unpublished BIA decision finds recklessly endangering another person under 18 Pa. Cons. Stat. 2705 is a categorical CIMT. (Matter of Vasquez-Lopez, 1/24/14) Special thanks to IRAC.
Practice Alert: Effect of BIA Closing Due to Inclement Weather on Filings
The Board of Immigration Appeals (BIA) was closed on January 21, 2014 due to inclement weather. Filings due January 21, 2014 that were received by the BIA on January 22, 2014 will be considered timely filed.
BIA Affirms Removal of Respondent With Significant Medical Conditions
Unpublished BIA decision affirms removal of respondent with rheumatic heart disease and neurological condition after DHS declines to exercise prosecutorial discretion. (Matter of Barros, 1/23/14) Special thanks to IRAC.
BIA Reverses Denial of Continuance for Adjudication of I-751
Unpublished BIA decision finds IJ should have continued proceedings to permit USCIS to adjudicate the respondent’s petition to remove conditions of residence (Form I-751). (Matter of Ruiz, 1/23/14) Special thanks to IRAC.
BIA Says IJs Must Independently Review Denial of N-600
Unpublished BIA decision remands record because IJ failed to make independent determination of respondent’s derivative citizenship claim after USCIS denied his Application for Certificate of Citizenship (Form N-600). (Matter of Moreno, 1/23/14) Special thanks to IRAC.
CA4 Finds Former Gang Members Can Be Particular Social Group
The court reversed the BIA, and held that the particular social group of former MS-13 members who have renounced their gang membership is immutable for withholding of removal purposes. (Martinez v. Holder, 1/23/14)
CA9 Finds USCMJ Conviction Is Not An Aggravated Felony
The court remanded to the BIA with instructions to vacate the removal order, finding that petitioner’s conviction relating to child pornography under the Uniform Code of Military Justice (UCMJ) is not an aggravated felony under INA §101(a)(43(I). (Aguilar-Turcious v. Holder, 1/23/14)
BIA Says Amount of Restitution Not Always Reliable Way to Show Victim Loss
Unpublished BIA decision dismissing appeal and upholding finding that federal computer fraud is an aggravated felony but says amount of restitution not always reliable measure of victim loss under INA 101(a)(43)(M)(i). (Matter of Rinquillo de Corrales, 1/22/14) Special thanks to IRAC.
TRAC Report Finds Number of Detainers Issued By ICE Dropped 23% Since FY2012
Transactional Records Access Clearinghouse (TRAC) report finds that ICE detainers have dropped 23% since FY2012, including a 32% drop in detainers issued against females. But there was an increase in detainers issued for some nationalities such as individuals from Laos and Haiti.
Updated LAC Practice Advisory on Stays of Removal in the Courts of Appeals
The American Immigration Council released an updated practice advisory, Seeking a Judicial Stay of Removal in the Court of Appeals, which provides information on requesting and obtaining stays of removal. It also addresses implications of government policies on successful appeals.
DHS Annual Report of Immigration Enforcement Actions for 2012
DHS Office of Immigration Statistics December 2013 Annual Report on immigration enforcement actions for 2012, including information on border apprehensions, NTAs, detentions, removals and returns, and statistics on enforcement actions broken down by age, sex, and nationality.
Statistics of S Immigrant and Nonimmigrant Visas
Data released through FOIA on S immigrant and nonimmigrant applications since 2007, broken down by fiscal year and granting agency. Special thanks to the South Florida AILA Chapter.
CA9 Finds Petitioner with Post-Entry Adjustment Is Eligible for §212(h) Waiver
The court held that petitioner was not barred from applying for a waiver, because her post-entry adjustment of status to lawful permanent resident after her admission to the U.S. did not constitute an admission in the context of INA §212(h). (Negrete-Ramirez v. Holder, 1/21/14)