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 to IJ to Determine if Respondent Qualifies for a Provisional Waiver
Unpublished BIA order remanding case to IJ to determine whether administrative closure was warranted if respondent qualified for a provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Camacho-Infanzan, 8/6/13)
CA7 on Finality Under INA §242(a)(1)
The court held that an order from the BIA resolving everything except an issue relating to voluntary departure satisfies the finality rules under INA §242(a)(1), but the court should stay proceedings on the petition until voluntary departure has been resolved. (Almutairi v. Holder, 7/12/13)
BIA on Criminal Activity That Endangers Public Safety
The Board held that the respondent’s conviction for destruction of an aircraft or aircraft facilities is not an aggravated felony, but does make him removable under INA §237(a)(4)(A)(ii) as an alien who endangered public safety. Matter of Tavarez Peralta, 26 I&N Dec. 171 (BIA 2013)
BIA Upheld Denial of Adjustment Due to Evidence and Respondent’s Lack of Credibility
Unpublished BIA decision where the Board upheld the denial of the respondent's adjustment application because he checked a box on a Form I-9 indicating that he was a U.S. citizen or national. Special thanks to IRAC. (Matter of Espino, 8/5/13)
Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World
With the end of DOMA, married LGBT binational couples can access marriage-based immigration benefits and relief from removal. The AIC’s Legal Action Center and Immigration Equality released a practice advisory which highlights issues LGBT families will face in a post-DOMA world.
BIA Affirms IJ Finding that Respondent Failed to Meet Burden of Proof to Establish Derivative Citizenship
Unpublished BIA decision where the Board affirmed without opinion an immigration judge's finding that the respondent did not carry his burden of proving that he derived citizenship from his mother prior to her death. Special thanks to IRAC. (Matter of Laventure, 8/2/13)
BIA Vacates Its Prior Decision and Remands Case Due to Prior Counsel’s Actions
Unpublished BIA decision remanding the case to allow the respondent to apply for relief from removal upon finding he was potentially prejudiced by prior counsel's failure to pursue applications for asylum or adjustment of status. Special thanks to IRAC. (Matter of Ramirez-Samuel, 8/2/13)
ICE Detainee From Honduras Passes Away While in Custody
ICE press release on the death of a 50-year old Honduran national who suffered a stroke and passed away while in ICE custody.
CA7 Denies Asylum to Sikh Petitioner, Cites Changed Country Conditions in India
The court noted that it had “grave doubts” about the IJ’s finding that the petitioner did not suffer past persecution, but still denied the petition, holding that the treatment of Sikhs has improved significantly and that the petitioner could relocate within India. (Singh v. Holder, 6/21/13)
CA1 Denies Motion to Reopen for Chinese Christian
The court denied the petition for review, finding that the BIA did not abuse its discretion in determining that the petitioner failed to demonstrate changed circumstances for unregistered Christian groups in China. (Zhao-Cheng v. Holder, 8/1/13)
Court Says IJ/BIA Failed to Adequately Explain Need for Corroborating Evidence
In an unpublished Summary Order, the court remanded, concluding inter alia that the IJ’s finding that Petitioner did not meet his burden of proof was not supported by substantial evidence. (Huang v. Holder, 8/1/13) Courtesy of Donglai Yang.
DOJ OIL August 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for August 2013, with articles on direct testimony where credibility was an issue and whether Albanian women who live alone constituted a “particular social group”, as well as litigation highlights and circuit court decision summaries.
CA2 on Lopez-Mendoza and Suppression of Evidence Following a Fourth Amendment Violation
The court remanded the case to determine whether ICE agents seized evidence of alienage while committing an egregious 4th Amendment violation, noting that a nighttime, warrantless raid of a person’s home “frequently will constitute” such a violation. (Pretzantzin v. Holder, 7/31/13)
CA2 Vacates Denial of Motion to Suppress and Remands Case
The court held that the IJ erred in interpreting case law to require physical threat or harm before a Fourth Amendment violation becomes sufficiently egregious to require suppression, and vacated the BIA’s decision affirming the denial of the motion to suppress. (Cotzojay v. Holder, 7/31/13)
Litigation Timeline: Lawsuit Challenging DACA Filed by ICE Officers (Updated 7/31/13)
Timeline of major court actions in response to litigation by ICE officers challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. (Crane v. Napalitano, 7/31/13)
District Court Dismisses Lawsuit Challenging DACA on Procedural Grounds
The court held that the Civil Service Reform Act deprived the court of jurisdiction over the federal employment dispute filed by several ICE officers opposed to implementing DACA. (Crane v. Napalitano, 7/31/13)
BIA Grant’s DHS Motion to Withdraw Appeal in Case Involving Definition of “Lawful Status” Under 245(k)
Unpublished BIA decision granting DHS' motion to withdraw its appeal from the IJ’s decision which granted the respondent adjustment of status under section 245(k) and remanding the case for background checks. Special thanks to IRAC. (Matter of Maynigo, 7/31/13)
BIA Remands for IJ to Consider Whether Conviction is a Crime of Violence
Unpublished BIA decision where the Board remanded for further proceedings after finding that assault by use or display of dangerous weapon under Iowa Code 708.1 and 708.2(3) was not a categorical crime of violence. Special thanks to IRAC. (Matter of Imeri, 7/31/13)
BIA Terminating Proceedings After Criminal Sentence Reduced
Unpublished BIA decision terminating proceedings due to newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, making his conviction no longer an aggravated felony under Matter of Cota-Vargas. Special thanks to IRAC. (Matter of Nelson, 7/31/13)
BIA Reopens Proceedings Due to Approved I-130 and Lack of DHS Opposition
Unpublished BIA decision where the Board reopened proceedings sua sponte in light of the respondent's marriage to a U.S. citizen who filed an approved I-130 on her behalf and the lack of opposition from the DHS. Special thanks to IRAC. (Matter of Martins, 7/31/13)
FOIA Response with Internal Documents by USCIS on Deferred Action
FOIA response provides internal documents by USCIS on non-DACA deferred action since June 17, 2011. Special thanks to Pennsylvania State University and Shoba Sivaprasad Wadhia.
CA6 Clarifies Social Visibility Requirement in Asylum Case
CA6 upheld that BIA’s determination that young Salvadoran males who refuse recruitment by the MS gang do not constitute a cognizable particular social group, and clarified the social visibility requirement. (Umana-Ramos v. Holder, 7/30/13)
BIA Granted Joint Interlocutory Appeal of Denial of Administrative Closure Motion
Unpublished BIA decision granting a joint interlocutory appeal of a denial of a joint motion for administrative closure because the immigration judge's order set forth no basis or rationale warranting the denial of the motion. Special thanks to IRAC. (Matter of Murillo-Borjas, 7/30/13)
BIA Grants Motion to Reopen After Immigrant Visa Approved
Unpublished BIA decision where the Board granted the respondent's motion to reopen over the objection of DHS to allow him to apply for adjustment of status. Special thanks to IRAC. (Matter of Bahronov, 7/29/13)
BIA Remands for Consideration of Whether Respondent is Eligible for I-601A
Unpublished BIA decision where the Board remanded the case "in an abundance of caution" for consideration of whether the respondent was eligible for a provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Pulido-Aguirres, 7/29/13)