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
AILA Amicus Brief on Stop Time Rule
AILA amicus brief arguing that when a Notice to Appear omits information about the time and place of the hearing, it is not sufficient for triggering the stop time rule in INA §240A(d)(1), and that the BIA should reexamine Matter of Camarillo.
BIA Sustains Appeal for Cancellation of Removal Denial
Unpublished BIA decision vacates and remands for further consideration of cancellation application, finding that possession of a firearm is not necessarily an aggravated felony and visa interview fraud does not necessarily determine ineligibility for cancellation. Courtesy of Nathan Christensen.
CA6 Remands for BIA to Decide Whether Offense Is a CIMT
The court remanded for the BIA to decide whether petitioner’s offense under Michigan law is a CIMT and whether he is removable without giving his attorney’s concession binding effect, and separately affirmed the BIA’s conclusion that he is ineligible for asylum. (Hanna v. Holder, 1/17/14)
CA1 Dismisses Petition to Review Waiver Denials for Lack of Jurisdiction
The court lacked jurisdiction to review the IJ and BIA’s discretionary waiver denials based on “extreme hardship” and “good faith” under INA §216(c)(4) of the joint filing requirement for removal of conditions on permanent residency. (Lopez v. Holder, 1/17/14)
USCIS Data on DACA Cases Received Through January 17, 2013
USCIS statistics on DACA cases from 8/15/12 to 1/17/13 which shows a total of 394,533 accepted DACA requests for processing, 371,103 biometric services appointments scheduled, and 154,404 requests approved.
CA4 Remands Asylum Denial for Bipolar Individual from Tanzania
The court vacated and remanded, finding that the petitioner who suffered severe harm in hospitals and prisons in Tanzania qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior. (Temu v. Holder, 1/16/14)
BIA Remands Motion to Reopen Due to Insufficient IJ Decision
Unpublished BIA decision remands record where IJ denied motion to reopen based on reasons stated in DHS opposition and without engaging in fact-finding or providing analysis. (Matter of Hazuri, 1/16/14) Special thanks to IRAC.
National Sign on Letter on Enforcement
On 1/16/14 AILA joined 17 other national organizations in a sign on letter to DHS Secretary Johnson and Deputy Secretary Mayorkas on immigration enforcement.
TRAC Report Finds Seven Percent of Immigration Court Cases Closed in First Quarter of FY2014
Transactional Records Access Clearinghouse (TRAC) report finds that seven percent of all Immigration Court cases were closed by prosecutorial discretion during the first quarter of FY2014, up from 4.7% during FY2012 (the first year of the PD program).
BIA Holds Reckless Endangerment Offense is Crime of Violence
Unpublished BIA decision holds Kansas statute criminalizing the reckless causing of great bodily harm or disfigurement is a crime of violence under 18 USC 16(a) and 16(b). (Matter of Lacier, 1/15/14) Special thanks to IRAC.
CA1 Upholds Denial of MTR for Guatemalan Teacher Seeking Asylum
The court denied the petition for review, upholding the BIA’s denial of the motion to reopen (MTR) the removal proceedings, because the new evidence did not prove persecution in Guatemala was on account of teachers’ public teaching and opposition to gangs. (Rosales v. Holder, 1/15/14)
BIA Remands to Consider Adjustment Application
Unpublished BIA decision grants motion to remand upon finding evidence submitted on appeal sufficient to warrant consideration of adjustment application. (Matter of Suvarnasara, 1/14/14) Special thanks to IRAC
BIA Articulates Scope of Moncrieffe v. Holder
Unpublished BIA decision says Supreme Court’s decision in Moncrieffe holds that a marijuana distribution offense that does not involve remuneration or more than a small amount it is not an aggravated felony “under the Act.” (Matter of Contreras, 1/14/14) Special thanks to IRAC.
DOJ 30-Day Extension to Request for Comments on Voluntary Form EOIR-31A
DOJ 30-day comment request allowing an additional 30 days for comments on the Request by Organization for Accreditation of Non-Attorney Representative (Voluntary Form EOIR-31A). Comments are now due 2/13/14. (79 FR 2478, 1/14/14)
BIA Finds Pastor Violated R-1 Status
Unpublished BIA decision finds pastor to be in violation of his R-1 status because he was no longer employed by his sponsoring church. (Matter of Cameron, 1/13/14) Special thanks to IRAC
BIA Finds Conviction for Drug Trafficking Aggravated Felony Based on Conviction Records
Unpublished BIA decision finds conviction for possession with intent to distribute under Iowa Code 124.401(1)(d) is drug trafficking aggravated felony based on quantity of drug and cash found at scene. (Matter of Iruegas Gomez, 1/13/14) Special thanks to IRAC
BIA Reopens Proceedings After Conviction Vacated for Sixth Amendment Violation
Unpublished BIA decision reopens proceedings sua sponte after respondent’s conviction is vacated because criminal court failed to advise him of his Sixth Amendment right to assistance of counsel. (Matter of Carbonell, 1/13/14) Special thanks to IRAC.
BIA Remands VAWA Cancellation Case, Distinguishes Matter of A-M-
In an unpublished decision, the BIA disagreed with the IJ’s conclusion that respondent was ineligible for relief, noting that although she ended her abusive relationship in 2001, she has neither received prior VAWA benefits nor does she have any other available relief. Courtesy of Kelli Stump.
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.