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 Holds Robbery Victim Did Not Provide Material Support to Guatemalan Guerrillas
Unpublished BIA decision upholds grant of cancellation under NACARA upon finding respondent did not provide “material support” to guerillas who stole food from his store at gunpoint. (Matter of Gonzales, 11/26/13) Special thanks to IRAC
BIA Finds Respondent Improperly Classified as Arriving Alien and Denied Opportunity to Seek Adjustment
Unpublished BIA decision finds respondent improperly classified as “arriving alien” because he was paroled prior to April 1, 1997, and eligible to renew adjustment application in removal proceedings after denial by USCIS. (Matter of Nguyen, 11/26/13) Special thanks to IRAC
CA2 Remands Denial of Motion to Reopen for Cancellation
The court found that in refusing to reopen proceedings, the BIA erred by finding petitioner had not met his burden of proving ten years of physical presence, and thus remanded to the BIA where the petitioner may present new evidence of hardship. (Hernandez v. Holder, 11/25/13)
DHS Withdraws Appeal of Decision Finding Georgia Traffic Offenses Not Misdemeanors for Immigration Purposes
Unpublished BIA decision returns record after DHS withdraws appeal of ruling holding Georgia traffic offenses are not misdemeanors for federal immigration purposes despite being misdemeanors under state law. (Matter of Hernandez, 11/25/13) Special thanks to IRAC.
BIA Rescinds In Absentia Order Where DHS Failed to Serve Appeal Notice
Unpublished BIA decisions rescinds in absentia order due to DHS failure to serve copy of appeal notice when successfully challenging IJ decision terminating proceedings against respondent. (Matter of Guzman, 11/25/13) Special thanks to IRAC.
TRAC Report Shows Immigration Prosecutions Reached All-time High in FY2013
Transactional Records Access Clearinghouse (TRAC) report with latest available DOJ data showing that during FY2013, immigration prosecutions reached an all-time high, with new cases being filed against 97,384 defendants, an increase up 5.9% over the past fiscal year.
CA4 Upholds Adverse Credibility Finding in Chinese Forced Abortion Case
The court declined to review the asylum denial, upholding the BIA’s finding of inconsistencies in petitioner’s statements regarding her marital status and forced abortion and noting the DOS report that population controls are no longer strictly enforced in China. (Lin v. Holder, 11/22/13)
CA11 Remands Asylum Denial for BIA to Consider Corroborating Evidence
In an unpublished decision, the court found that the adverse credibility finding was not supported by specific, cogent reasons and remanded for the BIA to consider the corroborating evidence. Courtesy of Roberto Matus. (Olivares v. Att'y General, 11/22/13)
BIA Finds Florida Possession of Marijuana With Intent to Sell Not Aggravated Felony
Unpublished BIA decision remands to consider cancellation application in light of Eleventh Circuit Donawa decision finding Florida possession of marijuana with intent to sell not a categorical drug trafficking aggravated felony. (Matter of Drummond, 11/22/13) Special thanks to IRAC.
Bipartisan House Letter on DHS PREA Regulations
A 11/22/13 letter from a bipartisan group of 12 members of Congress to President Barack Obama addressing the urgent need to implement final Department of Homeland Security PREA (Prison Rape Elimination Act) regulations.
EOIR Reminder for Attorneys to Complete eRegistry Process
EOIR notice reminding attorneys and fully accredited representatives who practice before the immigration courts and the BIA to complete steps one and two of the eRegistry process by 12/10/13. On that date, registration becomes a requirement to appear before EOIR.
BIA Remands For IJ To Reconsider in Light of Supreme Court Ruling in Descamps
Unpublished BIA decision remanding so the IJ can consider whether a criminal sexual conduct third degree under Minnesota State Statute 609.344 is an aggravated felony in light of the Supreme Court decision in Descamps v. U.S. Courtesy of Marcus Anton Jarvis.
CA9 Finds Arizona Conviction for Racketeering Is Aggravated Felony
The court lacked jurisdiction to review the petition, finding that the BIA did not err in determining that Petitioner’s Arizona conviction for racketeering constituted an aggravated felony that rendered him ineligible for cancellation. (Murillo-Prado v. Holder, 11/20/13)
BIA Finds Alaska Third Degree Theft Not CIMT
Unpublished BIA decision upholds termination of proceedings upon finding Alaska third degree theft not categorical CIMT and nothing in record of conviction established intent to permanent deprive victim of property. (Matter of Casilla Nunez, 11/20/13) Special thanks to IRAC.
GAO Report on Sexual Assault in Detention
The Government Accountability Office (GAO) issued a report, “Immigration Detention: Additional Actions Could Strengthen DHS Efforts to Address Sexual Abuse," after reviewing documentation of 215 sexual abuse and assault allegations reported to ICE headquarters between October 2009 and March 2013.
AIC Practice Advisory: Departure Bar to Motions to Reopen and Reconsider
The American Immigration Council's Legal Action Center (LAC) released an updated practice advisory, which provides a legal overview of the "departure bar" to motions to reopen and reconsider. It also discusses arguments adopted by circuit courts that have rejected or upheld the bar.
CA11 Denies Witholding to Petitioner Fleeing Drug Violence in Mexico
The court upheld the IJ’s and BIA’s decisions, finding Petitioner did not establish a nexus between membership in a particular social group and the harm, and he did not establish past persecution, as he did not show acts that harmed him personally. (Rodriguez v. U.S. Att’y Gen., 11/19/13)
CA8 Finds IJ and BIA Properly Denied Motions to Suppress
The court denied the petition for review, holding that even if the Petitioners alleged a Fourth Amendment violation, they did not allege a prima facie case of egregiousness to warrant exclusion of evidence in the deportation context. (Lopez-Fernandez v. Holder, 11/19/13)
USCIS Reminder to Use Current Form I-821D
USCIS reminder to use the current Form I-821D, Consideration of Deferred Action for Childhood Arrivals, dated 6/25/13. USCIS has experienced a high rejection rate as a result of customers submitting outdated versions of the form.
BIA Reopens and Remands Case Involving Maryland Second Degree Assault
Unpublished BIA decision remands proceedings to consider whether Maryland second degree assault is a crime of violence aggravated felony in light of Supreme Court decision in Descamps and Fourth Circuit decision in Karimi. (Matter of Diaz, 11/19/13) Special thanks to IRAC.
Settlement Requires USCIS to Provide Asylum Officer Interview Notes in FOIA Response (Updated 4/29/14)
Settlement agreement reached in a lawsuit challenging USCIS’s policy of withholding of asylum officer interview notes in FOIA responses. On 1/8/14, USCIS instructed its employees involved in processing FOIA requests that asylum officer interview notes generally are to be produced.
CA7 Denies Asylum to Landowners from Honduras
The court upheld the BIA’s conclusions that the squatters, known as “capesinos,” did not act on account of petitioners’ status as land owners and that Honduras is both willing and able to protect land owners from campesinos. (Urbina-Dore v. Holder, 11/18/13)
BIA Finds IJ Erred in Denying Derivative Asylum Claim
Unpublished BIA decision remanding, finding the IJ erred when concluding the respondent could not claim derivative status through her husband’s approved asylum application because she entered the U.S. as a nonimmigrant prior to her husband. Courtesy of Rachel Wilson.
BIA Terminates Proceedings After Conviction Vacated for State Misconduct
Unpublished BIA decision reopens and terminates proceedings after respondent was permitted to withdraw guilty plea because state chemist who tested controlled substances was accused of misconduct. (Matter of Ventura-Arias, 11/18/13) Special thanks to IRAC.
BIA Remands For Failure to Consider Argument Regarding Florida Assault and Grant Theft
Unpublished BIA decision grants motion to reconsider and remands because both the IJ and Board failed to consider arguments that Florida assault and grant theft are not CIMTs. (Matter of Rivero, 11/18/13) Special thanks to IRAC.