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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA1 Denies Asylum and Withholding for Guatemalan National on Jurisdictional Issue
The court held that the administrative exhaustion requirement is satisfied as to particular issues when the BIA addressed those claims on the merits, regardless of whether the petitioner himself raised them, and denied the petition for review. (Mazariegos-Paiz v. Holder, 10/25/13)
EOIR Update on Filing Deadlines During Government Shutdown
EOIR alert that non-detained case filings that were due during the shutdown will be considered timely filed if received by the appropriate court by 11/8/13. BIA will consider any filing as timely filed any filing due during October 2013 as long as the BIA receives the filing on or before 11/1/13.
AILA’s Quarterly ILS Newsletter (Vol. 1, Issue 3)
The latest issue of AILA’s Quarterly Immigration Lawyer Search (ILS) Newsletter features statistics from the last six months of website use, as well an article about AILA’s new Pocket DACA application.
CA9 Remands Asylum Denial for Russian Citizen Opposing War in Chechnya
The court granted the petition and remanded, holding that the IJ violated due process by allowing the government to introduce a forensic report concerning a medical document without prior notice and by refusing a continuance to investigate the report. (Bondarenko v. Holder, 10/25/13)
BIA Advises IJs to Assist Pro Se Respondents
Unpublished BIA decision remands record to allow pro se respondent to seek relief, says IJs should “aid in the development in the record, particularly where an alien appears pro se and may be unschooled in the removal process." Special thanks to IRAC. (Matter of Mutukwa, 10/25/13)
BIA Administratively Closes Proceedings of Father of DACA Grantee
Unpublished BIA decision grants joint motion to reopen and administratively close proceedings against respondent who entered country in 2004 and is father of an 8-year-old U.S. citizen child and a 20-year-old DACA grantee. Special thanks to IRAC. (Matter of Garcia, 10/25/13)
BIA Remands for Further Consideration of Request for Continuance
Unpublished BIA decision remands for further consideration of request for continuance in light of filing of appeal of USCIS denial of visa petition and birth of a daughter to the respondent and her U.S. citizen husband. Special thanks to IRAC. (Matter of Dinh, 10/25/13)
ICE Detainee From Antigua Passes Away While in Custody
ICE press release on the death of a 34-year-old female citizen of Antigua who passed away of an apparent suicide while in ICE custody.
BIA Admininistratively Closes Proceedings to Allow For Filing of I-601A
Unpublished BIA decision administratively closing removal proceedings to give the respondent, who is also the beneficiary of an approved I-130 petition by his U.S. citizen spouse, the opportunity to file a stateside provisional waiver (Form I-601A). Courtesy of Christopher Helt.
Updated Facts on ICE’s 287(g) Program
ICE issued a fact sheet on the 287(g) program. The document states that the OIG report published in March 2010 does not reflect the current 287(g) program.
BIA Advises IJ to Consider Silitonga and Arrabally & Yerrabelly on Remand
Unpublished BIA decision remands record and advises IJ to consider Matter of Silitonga and Matter of Arrabally & Yerrabelly in determining removability and eligibility for adjustment of status. Special thanks to IRAC. (Matter of Manjan, 10/23/13)
BIA Reopens Proceedings for Respondent Where I-751 Was Denied for Improper Fee Payment
Unpublished BIA decision reopens proceedings upon finding respondent did not receive notice of hearing at which she was ordered removed in absentia, and her Form I-751 was rejected due to improper fee payment. Special thanks to IRAC. (Matter of Jones, 10/23/13)
BIA Terminates Proceedings Against Respondent Charged with Alien Smuggling
Unpublished BIA decision finds government evidence insufficiently reliable to uphold charge of alien smuggling under INA 237(a)(1)(E) where immigration officers’ testimony was based on unidentified informants. Special thanks to IRAC. (Matter of Guzman, 10/23/13)
ICE FAQs on the Parental Interests Directive
ICE FAQs on the Parental Interests Directive, which complements existing policy by helping ICE better manage and track cases involving detained alien parents or legal guardians who have minor children in the U.S. FAQs include contact information and what kinds of cases are covered.
CA9 Finds California Sexual Abuse of a Minor Statute Is an Aggravated Felony Crime of Violence
The court denied the petition for review, holding that the conviction of sexual abuse of a minor under California Penal Code section 288(c)(1) is a categorical crime of violence under 18 U.S.C. §16(b), and thus an aggravated felony. (Rodriguez-Castellon v. Holder, 10/22/13)
BIA Says Respondent May Renew Request for Administrative Closure on Remand
Unpublished BIA decision finding that during the pendency of the appeal, I-601A provisional waiver regulations were finalized and include a provision providing for administrative closure, so respondent could renew his request for such relief upon remand. Courtesy of Claire Gallagher.
BIA Finds Respondent Was Not Advised of Right to Counsel
Unpublished BIA decision remands for further proceedings where pro se respondent was not advised of right to counsel at no expense to the government after accredited representative failed to appear at his hearing. Special thanks to IRAC. (Matter of Moreno-Duarte, 10/21/13)
BIA Finds IJ Should Have Inquired Into Ability to Obtain Passport
Unpublished BIA decisions remands for further consideration of voluntary departure where IJ did not inquire into respondent’s ability to obtain a passport or address the possibility of a continuance. Special thanks to IRAC. (Matter of Salazar-Herrera, 10/21/13)
BIA Finds Record of Conviction Does Not Support Allegations in NTA
Unpublished BIA decision remands for further proceedings where convictions records do not support allegation in Notice to Appeal (NTA) that respondent was convicted in violation of Section 11359 of the Cal. Health and Safety Code. Special thanks to IRAC. (Matter of Diaz Montes, 10/21/13)
BIA Orders Further Consideration of Request for Voluntary Departure
Unpublished BIA decision remands for further consideration of voluntary departure for respondent who is beneficiary of approved visa petition who has not illegally entered in past five years. Special thanks to IRAC. (Matter of Araujo, 10/18/13)
Call for Examples and OIL Briefs: Cases Impacted by Acosta and Garfias-Rodriguez
The AILA Amicus Committee wants to know if AILA members have a case in the 9th circuit, the 10th circuit, or before the BIA or an immigration court originating in the 9th or 10th circuit, where the noncitizen’s relief is based on the holdings in Acosta and Padilla-Caldera.
USCIS Revised Decision Letter Templates as Appendices to the AAPM
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, announcing the issuance of revised decision letter templates to replace the current versions that are appendices to the Affirmative Asylum Procedures Manual (“AAPM”).
USCIS Revised Procedures on Failure to Appear for Asylum Interviews and Reschedule Requests
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ governing an asylum applicant’s failure to appear for an asylum interview and the submission of requests to reschedule an asylum interview.
Application of the "Exceptional Circumstance" Standard in Cases Where Applicant Failed to Appear for Asylum Interview
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ application of the “exceptional circumstances” standard in cases where an applicant has failed to appear for an asylum interview.
BIA Declines to Follow Third Circuit on Derivative Citizenship Under §321(a)
The Board held that a child who has satisfied the conditions of former INA §321(a) before the age of 18 has acquired U.S. citizenship, regardless of whether the naturalized parent acquired legal custody before or after the naturalization. Matter of Douglas, 26 I&N Dec. 197 (BIA 2013)