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
CA7 Remands Asylum Case of Political Activist from Moldova
The court found that the IJ and BIA applied the wrong legal standard in determining whether the petitioner had shown past persecution for his political activities in Moldova, and remanded the case to the BIA. (Prodan v. Holder, 5/20/13)
CA4 Holds Conviction Is Not an Aggravated Felony, Reinstates Asylee Status
The court held that the conduct the petitioner admitted to and on which his conviction for second degree assault necessarily rests does not constitute a crime of violence, and thus that he is not removable as an aggravated felon. (Karimi v. Holder, 5/13/13)
BIA Critiques and Reverses IJ’s Adverse Credibility Finding
In an unpublished decision, the Board strongly critiqued several aspects of the IJ’s adverse credibility finding, and held that the respondent established past persecution on account of his sexual orientation. Special thanks to NIJC.
CA9 Rejects Matter of Silva-Trevino
The court held that Matter of Silva-Trevino was wrongly decided, and that the IJ and the BIA improperly considered evidence beyond the record of conviction in holding that the petitioner was convicted of a CIMT. (Olivas-Motta v. Holder, 5/17/13)
CA2 Holds Petitioner Is Not Eligible for Cancellation of Removal
The court held that the petitioner’s encounters with CBP were “formal, documented” processes through which he was determined to be inadmissible, and that his “voluntary returns” to Mexico therefore severed his physical presence. (Rosario-Mijangos v. Holder, 5/16/13)
Practice Alert: Procedures for Alerting ICE of a Stay of Removal Request
AILA ICE Liaison Committee practice pointer on how to use the ICE Community and Detainee Helpline to alert ICE that there is a stay of removal request pending for a detained respondent.
ICE Arrests Former Customs Inspector for Selling Fake Documents
ICE press release announcing the arrest of a former U.S. Customs inspector who was involved in selling counterfeit immigration documents, including employment authorization cards and B-1/B-2 non-immigrant visitor visas defrauding more than 50 people out of about $100,000.
CA7 Seriously Critiques BIA Treatment of Asylum Cases Based on Forced Sterilization
The court wrote that the BIA brushed aside whether the petitioner faces a substantial risk of compulsory sterilization if she is removed to China, critiqued the BIA for its treatment of the evidence, and remanded the case. (Chen v. Holder, 5/9/13)
CA7 on False Claims to U.S. Citizenship
The court held that a baptismal certificate presented by the petitioner at the border is not sufficient evidence to constitute a representation of U.S. citizenship, noting that it did not list a country or state under “place of birth.” (Munoz-Avila v. Holder, 5/3/13)
CA9 Remands Asylum Case of Former Mexican Soldier
The court remanded the asylum case for the BIA to reconsider whether members of a Mexican drug cartel were responsible for the harm suffered by the petitioner, and to determine whether the government is able to control the cartel. (Tapia Madrigal v. Holder, 5/15/13)
Federal Rule of Criminal Procedure Amendments Implement Padilla Holding
Amendments to the Federal Rules of Criminal Procedure adopted by the U.S. Supreme Court following its decision in Padilla v. Kentucky that require judges to inform non-U.S. citizen defendants that if convicted, they may be removed, denied citizenship, and denied future admission to the U.S.
AILA Notes on Liaison Q&As with SCOPS (5/15/13)
AILA notes from a teleconference with SCOPS on 5/15/13. Topics include FY2014 H-1B cap update, DACA inquiries, I-290B processing times, asylum-based inquiries through NCSC, USCIS immigrant fee, the new G-28, and EOIR AOS filings at TSC.
Practice Pointer: The Role of Consular Officers in U Visa Adjudications
The AILA VAWA, U & T Committee reminds members of FAM updates for U visa applicants and offers guidance for U visa clients wishing to travel.
EOIR Launches Online Registration for Immigration Practitioners
EOIR press release announcing that effective June 10, 2013, it will rollout electronic registration for attorneys and fully accredited representatives who represent aliens in proceedings before EOIR’s immigration courts and the Board of Immigration Appeals.
CA6 Finds German Homeschoolers Are Not Eligible for Asylum
The court held that a German law requiring all children to attend school was not selectively applied to homeschoolers like the petitioners, and that the enforcement of the law did not amount to persecution against the petitioners. (Romeike v. Holder, 5/14/13) AILA Doc. No. 13052047.
BIA Grants Construed Motion to Reopen for Assyrian Christian
Unpublished BIA decision remanding after finding that the respondent’s motion, stating that conditions for Assyrian Christians have gotten worse since U.S. troops departed Iraq in December 2011, demonstrated prima facie eligibility for asylum and withholding. Courtesy of Robert DeKelaita.
EOIR Notice on Mandatory Electronic Registry for Attorneys and Representatives
EOIR notice on a mandatory electronic registry for attorneys and representatives who can begin registering on 6/10/13. After 12/10/13, they must be registered in order to practice and may be subject to administrative suspension for failure to register. (78 FR 28124, 5/14/13)
AIM: The Human Impact of Immigration Policy
For May's AILA Interview of the Month (AIM), a young woman joins us to tell her personal story that highlights the human impact of immigration policy and the importance of sharing individual narratives to help create change.
CA9 Finds Petitioner Is Not Eligible for 212(c) Relief
The court held that the petitioner falls outside of the protective scope of §212(c) because he is an aggravated felon who filed for relief after 11/29/90, regardless of when he was initially admitted to the U.S. (Lawrence v. Holder, 5/21/13)
USCIS Q&As from Liaison Meeting with NBC (5/10/13)
USCIS Q&As from the AILA NBC Liaison Committee’s 5/10/13 meeting with the National Benefits Center, including processing times for I-290Bs, I-601A provisional waivers, stand-alone I-130 processing, interview waiver adjustment of status, and processing times.
AILA NBC Liaison Committee Meeting Minutes
Meeting minutes from the AILA NBC Liaison Committee’s 5/10/13 meeting with the National Benefits Center, including information on new NBC initiatives and staffing updates, I-601A provisional waivers, stand-alone I-130 processing, interview waiver adjustment of status, and processing times.
CA9 on EAJA Fees
The court denied the motion for attorney’s fees, although one Circuit Judge wrote a concurring opinion noting that “EAJA does not work well when it compels a court to cut off compensation of careful and effective advocacy.” (Sargsyan v. Holder, 5/9/13)
USCIS Data on DACA Cases Received Through May 17, 2013
USCIS statistics on DACA cases from 8/15/12 to 4/30/13 which shows a total of 497,960 accepted DACA requests for processing, 483,907 biometric services appointments scheduled and 291,859 requests approved.
USCIS Data on DACA Cases Received Through March 31, 2013 (Corrected)
USCIS corrected statistics on DACA cases from 8/15/12 to 3/31/13 which was corrected on 5/9/13 to revise the number of cases under review in October 2012 from 134,858 to 106,752 cases.
USCIS Data on DACA Cases Received Through March 31, 2013
USCIS statistics on DACA cases from 8/15/12 to 3/31/13 which shows a total of 472,004 accepted DACA requests for processing, 456,843 biometric services appointments scheduled and 268,361 requests approved.