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
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)
CA1 Denies Asylum to Petitioner Involved in Albania’s Democratic Party
The court affirmed the final removal order, finding the BIA and IJ denial of the application for asylum was supported by substantial evidence, including evidence from DOS country reports of fundamental political changes in Albania. (Vasili v. Holder, 10/16/13)
CA4 Denies Application for Cancellation of Removal
The court affirmed the denial of cancellation of removal, finding that the petitioner’s voluntary departure under the threat of removal deemed him ineligible for the “continuous physical presence” requirement of INA §240A. (Garcia v. Holder, 10/16/13)
CA4 Denies Motion to Reopen for Estonian-born Russian Citizen
The court denied the untimely motion to reopen the removal proceedings, holding that equitable tolling was not appropriate because the petitioner failed to show any wrongful conduct from the government or any other extraordinary circumstances. (Kuusk v. Holder, 10/16/13)
CA2 Dismisses Due Process Challenges for Lack of Jurisdiction
The court dismissed the petitions for review, finding that INA §242(a)(2)(A) deprived the court of jurisdiction to hear the petitioner’s due process challenge to the 1997 order of expedited removal underlying the BIA’s finding of ineligibility for adjustment. (Shunaula v. Holder 10/16/13)
CA7 Finds Unlawful Entry After Removal Bars Reopening Prior Removal Order
The court denied the petition for review, finding that the petitioner’s unlawful entry after her 2005 removal permanently barred reopening that earlier removal order under §241(a)(5). (Cordova-Soto v. Holder, 10/15/13)
DHS Withdraws Appeal of Decision Finding Bulk Cash Smuggling Not a CIMT
Unpublished BIA decisions notes withdrawal of DHS appeal of decision terminating proceedings on grounds that federal bulk cash smuggling under 31 U.S.C. 5332 is not a CIMT. Special thanks to IRAC. (Matter of Valenzuela, 10/15/13)
Practice Alert: Problems With the New BIA Zip Code? (Updated 11/19/13)
EOIR announced that beginning 10/1/13, mail addressed to the BIA would have to use a new zip code. AILA members have reported that some courier services, such as FedEx, are not recognizing the new zip code.
AILA New Members Division E-News, October 2013 (Vol. 5, Issue 5)
This latest edition brings you expert practice tips to help victims seeking T nonimmigrant status. Plus, don’t miss a conversation on immigration reform, learn how to get involved with AILA committees and liaisons, and hear about a member’s first experience filing a petition for review.
Immigration Court Filings During the Lapse in Government Funding
EOIR alert describing how immigration courts are accepting filings and handling filing deadlines during the lapse in government funding.
BIA Terminates Proceedings After Finding Conviction Not an Aggravated Felony
Unpublished BIA decision terminating proceedings after finding that a conviction of deadly conduct pursuant to Tex. Penal Code Ann. 22.05(a) does not require “intentional use of violent force” and thus is not an aggravated felony. Courtesy of Jonathan Kessler.
BIA Finds Maryland Fourth Degree Sexual Offense Not Crime of Violence
Unpublished BIA decision holds Maryland fourth degree sexual offense does not require use of force and statute is not subject to modified categorical approach under Descamps v. United States. Special thanks to IRAC. (Matter of Tally, 10/8/13)
BIA Remands for Further Consideration of Bond Request
Unpublished BIA decision sustaining the appeal and finding IJ failed to properly balance risk factors of flight and remanding for further consideration of respondent’s eligibility for bond under Casas-Castrillon v. DHS. Special thanks to IRAC. (Matter of Hubbard, 10/8/13)
AILA Practice Alert: Filing Documents With the Immigration Court During the Government Shutdown
The AILA EOIR Liaison Committee reminds members to not neglect client business and to comply with all local immigration court orders and BIA filing deadlines during the shutdown.
BIA Remands for Additional Opportunity to Accept Voluntary Departure
Unpublished BIA decision remands to provide an unrepresented respondent another opportunity to seek voluntary departure who may have misunderstood legal significance of order of removal. Special thanks to IRAC. (Matter of Diaz, 10/7/13)
AILA Amicus Brief on Past Persecution of LGBT Children
AILA amicus brief file with the Eleventh Circuit, arguing that immigration judges and the BIA should consider the cumulative impact of all harms when assessing persecution in an asylum/withholding case, including the particular vulnerabilities of LGBT children.
CA1 Denies Withholding and CAT Relief to ICE Informant
The court upheld the withholding and CAT denials, finding that “former ICE informants who have acted against Brazilian citizens resulting in their deportation” did not constitute a social group and that the persecution was on account of a personal vendetta. (Costa v. Holder, 10/4/13)
BIA Remands CAT Claim Where IJ Ignored Evidence
Unpublished BIA decision remands for further consideration in the abundance of caution the deferral of removal where IJ failed to consider evidence regarding prison conditions in Thailand and the basis for the denial was unclear. Special thanks to IRAC. (Matter of V-V-, 10/4/13)
BIA Finds Delaware Second Degree Assault Not Crime of Violence
Unpublished BIA decision holds second degree assault in Delaware is not an aggravated felony crime of violence because offense neither requires use of force nor involves substantial risk that perpetrators will intentionally use force. Special thanks to IRAC. (Matter of Turou, 10/4/13)
DHS Guidance on Enforcement Operations During Tropical Storm/Hurricane Karen
DHS letter on CBP and ICE enforcement actions during Tropical Storm/Hurricane Karen, stating that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to the storm, including the use of checkpoints for immigration purposes in impacted areas.
CA5 Denies Adjustment to VAWA Self-Petitioner with K-1 Visa
The court denied the petition, finding that although the petitioner’s VAWA self-petition was granted, she was not eligible to adjust status under INA §245(d) because she did not marry her K-1 citizen-petitioner from a prior relationship. (Le v. Att’y Gen, 10/3/13)
BIA Finds IJs Failed to Sufficiently Examine Possible Asylum Claim
Unpublished BIA decision remands for further consideration of potential asylum claim where respondent asserted fear of gangs in El Salvador. Special thanks to IRAC. (Matter of Monge, 10/3/13)
BIA Finds Grant of SIJS Petition Not an “Admission”
Unpublished BIA decision denies motion to reopen and finds grant of a Special Immigrant Juvenile Status (SIJS) petition does not constitute an “admission” requiring termination of removal proceedings. Special thanks to IRAC. (Matter of Perez, 10/3/13)