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 Asylum and Reinstatement
AILA amicus brief arguing that the reinstatement regulations limiting protection from persecution to withholding of removal, which prevent individuals who are subject to reinstatement from applying for asylum, should be struck down.
TRAC Report Indicating Number of ICE Detainers Dropped by 19%
Transactional Records Access Clearing House (TRAC) report indicating that during the first four months of FY2013, the number of ICE detainers issued declined by 19%. The largest number of detainers were issued by the Enforcement and Removal Operations Criminal Alien Program.
CA8 on the Meaning of “Relating to a Controlled Substance” Under INA §237(a)(2)(B)(i)
The court upheld the BIA’s determination that the petitioner’s Kansas drug paraphernalia conviction is, categorically, “related to” a controlled substance within the meaning of §237(a)(2)(B)(i). (Mellouli v. Holder, 7/9/13)
EOIR Relocating Denver Immigration Court
EOIR notice that the Denver Immigration Court will close on 8/1/13 to prepare for relocation. The Denver Immigration Court will recommence hearings at its new location on 8/6/13.
CA9 Remands for BIA to Reconsider Death of Child in Parent’s Past Persecution Claim
The court remanded for the BIA to reconsider the denial of withholding, giving full weight to past persecution evidence of the death of the daughter of the petitioner, who was a Chinese Christian living in Indonesia. (Sumolang v. Holder, 7/25/13)
Practice Pointer: Challenging the Admission of Asylum Officers’ Notes in Immigration Court
Practice pointer prepared by the AILA Asylum and Refugee Committee on how to challenge the introduction and use of asylum officers’ notes and assessments as evidence in immigration court. Special thanks to David Cleveland, Dree Collopy, and Hilary Han.
USCIS Asylum Office Statistics (March 2013 Through June 2013)
Statistics provided by USCIS Asylum Division including data on asylum office workload, number of asylum applications filed, breakdown of nationalities of asylum applicants, statistics on asylum cases completed, credible fear reports, country-specific info, and more, for March 2013 through June 2013.
DHS Privacy Impact Assessment on Electronic Health Records (eHR) System
DHS published a Privacy Impact Assessment (PIA) on its new electronic health records (eHR) system for maintaining health records on individuals in ICE detention.
BIA Remands Cancellation Application for Additional Consideration of Certificate of Baptism
Unpublished BIA decision remanding a cancellation of removal application so additional consideration could be given to the respondent’s Certification of Baptism and so an evidentiary hearing to provide witness testimony in support of continuous presence claim could be held. Courtesy of Frances Cruz.
AILA Letter to DHS Agency Heads on Implementation of Supreme Court’s Decision on DOMA
AILA letter to DHS and DOJ on the implementation of the Supreme Court’s striking down Section 3 of the Defense of Marriage Act (DOMA), as it pertains to applications and petitions for immigration benefits and relief from removal. Special thanks to the LGBT Working Group and Interagency Committee.
CA1 Says Chinese Petitioner’s Fear Is Speculative
While the IJ originally concluded that the petitioner’s fear of having an IUD implanted if she returns to China constituted a fear of persecution, the court upheld the BIA’s determination that the fear is too speculative to be considered well-founded. (Lin v. Holder, 7/23/13)
EOIR Notice on Correction to Professional Conduct for Practitioners
EOIR published a correction to 8 CFR part 1003.108, on confidentiality, where the following words are added to the end of the second sentence in paragraph (a): “before the filing of a Notice of Intent to Discipline.” (78 FR 42863, 7/18/13)
EOIR Notice of Revision to Procedures for Asylum and Withholding of Removal
EOIR notice of revision of 8 CFR part 1208.13, paragraph (c)(2)(ii) is moved after paragraph (c)(2)(i)(F). (78 FR 42863, 7/18/13)
BIA on Motions to Reopen Based on Changed Country Conditions
The Board held that a noncitizen with an in absentia order doesn’t need to rescind the order before seeking a motion to reopen to apply for asylum based on changed country conditions, and that such motions are not subject to numerical limitations. Matter of J-G-, 26 I&N Dec. 161 (BIA 2013)
DHS Notice of Revision to Procedures for Asylum and Withholding of Removal
DHS notice of revision of 8 CFR section 208.13, paragraph (c)(2)(ii) is moved after paragraph (c)(2)(i)(F). (78 FR 42863, 7/18/13)
House Testimony on Border Efforts While Upholding Refugee Protection Obligations
Written testimony by USCIS RAIO Associate Director Joseph Langlois for House Committee on Oversight and Government Reform for a 7/17/13 subcommittee hearing on National Security, titled “Border Security Oversight, Part III: Examining Asylum Requests.”
CA1 Denies MTR Asylum Proceedings of Guatemalan Petitioner
The court upheld the denial of the petitioner’s motion to reopen his 1999 removal proceedings, finding that the BIA did not abuse its discretion when it held that the petitioner failed to establish a material change in country conditions in Guatemala. (Jutus v. Holder, 7/17/13)
CA1 Denies MTR Based on Changed Conditions in Mexico
The court upheld the denial of the petitioner’s motion to reopen based on changed country conditions and found that the petitioner’s fear of personal retaliation due to his role in another man’s incarceration was not on account a protected ground. (Lopez v. Holder, 7/15/13)
CA1 Finds Petitioner Abandoned Applications for Relief
The court upheld the BIA’s determination that the petitioner abandoned her petition to remove conditions on residency and her application for cancellation of removal because she filed the applications for relief over six months after a court-ordered deadline. (Moreta v. Holder, 7/15/13)
CA7 Finds Petitioner Did Not Show Changed Country Conditions for Chinese Christians
The court upheld the BIA’s determination that the petitioner, who filed an untimely motion to reopen his asylum case because he had converted to Christianity, did not show that the persecution of Chinese Christians has worsened in recent years. (Gao v. Holder, 7/12/13)
CA10 Finds Colorado Conviction of Child Abuse Does Not Fit Federal Definition
The court reversed the decision of the BIA, found the CO conviction was not a “crime of child abuse, child neglect, or child abandonment,” under INA §237(a)(2)(E)(i) and remanded to the IJ to reconsider the application for discretionary cancellation of removal. (Ibarra v. Holder, 7/12/13)
U.S. and Mexico Resume Interior Repatriation Initiative
ICE press release announcing that the U.S. and Mexico have resumed the Interior Repatriation Initiative, a joint agreement between the two governments, to return Mexican nationals to the interior of Mexico.
Supreme Court on Modified Categorical Approach
The Court held that sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements. (Descamps v. U.S, 6/20/13)
CA7 Remands Asylum Claim on Forced Sterilization for Chinese Woman with USC Children
The court vacated the BIA decision and remanded the case in light of two recent seventh circuit decisions that cast doubt on the claim that Fujian authorities do not count children born outside of China for purposes of the one-child policy. (Zheng v. Holder, 7/11/13)
AILA Amicus Brief on Standard of Review in Citizenship Cases
AILA amicus brief urging CA9 to grant en banc rehearing of Mondaca-Vega v. Holder, and arguing the Supreme Court requires a de novo review of the record in nationality cases and that its previous decision ignored precedent providing that citizenship claims are subject to elevated scrutiny.