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
EOIR Swears in New Assistant Chief Immigration Judge
EOIR press release announcing the swearing-in ceremony of Abigail M. Price as the newest assistant chief immigration judge which took place at the headquarters of Executive Office of Immigration Review (EOIR).
AILA Files Amicus Brief on Mandatory Detention Under INA §236(c)
AILA amicus brief explaining how the plain language of the mandatory detention provisions in INA §236(c) is intended to operate in light of its statutory history, and arguing that the Third Circuit should not defer to the BIA’s holding in Matter of Rojas.
National Sign-On Letter Opposing Third DUI Resulting in an Aggravated Felony
On 2/4/13 AILA joined over 100 other groups in a sign-on letter calling on the Senate to oppose and amendment to VAWA that would make a 3rd DUI result in an aggravated felony for the purposes of immigration.
AIM February: AILA Interview of the Month with Francisco Gutierrez
AILA Interview of the Month (AIM) is a series of short interviews on immigration from many perspectives. This month a young student at Georgetown University joins us to discuss his experience applying for DACA.
Immigration Law Advisor, January 2013 (Vol. 7, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on humanitarian asylum, as well as circuit court decisions from December 2012, calendar year 2012 totals, recent BIA precedent decisions, and a regulatory update.
CA9 Denies Adjustment Where Record on Drug Conviction Is Inconclusive
The court held that the petitioner is ineligible for adjustment due to a 1997 conviction for possession of marijuana for sale, finding the record was unclear as to whether the state court changed his conviction to simple possession. (Lopez-Vasquez v. Holder, 2/1/13)
Michigan Reverses Decision, Will Grant Drivers Licenses to DACA Recipients
Michigan Department of State press release announcing Michigan will issue driver’s licenses and ID cards to DACA recipients following the release of updated USCIS FAQs specifying that DACA recipients are lawfully present.
CA1 Holds BIA Erred in Finding Petitioner Removable for Alleged CIMT
Employing the modified categorical approach, the court found it unclear whether the petitioner’s CT conviction for larceny involved intent to permanently or temporarily deprive the owner of property and held that he is not removable. (Patel v. Holder, 2/1/13)
CA4 on Deportation Suspensions in Light of NACARA
The court held that the petitioner was limited by the modified categorical approach in what evidence he could present to show that his 1996 conviction was not a crime of violence, despite the record of conviction being inconclusive. (Mondragon v. Holder, 1/31/13)
BIA Reverses IJ on Exception to One-Year Asylum Filing Deadline
In an unpublished decision, the BIA held the respondent qualified for an exception to the one-year filing deadline based on her mother’s later arrest by Chinese officials, noting that “changed personal circumstances may form the basis of an exception.” Courtesy of Alan Lee.
DOJ OIL January 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Seventh Circuit ruled that pending adjustment application did not toll accrual of days without “lawful status” for adjustment of status purposes.
Napolitano Letter Regarding Impact of Sequestration on DHS
Letter from Secretary of Homeland Security Janet Napolitano to the Senate Committee on Appropriations regarding the potential impacts of a March 1, 2013 sequestration on DHS, including effects on CBP, ICE, TSA, and more.
Kucana, An Inside Look
AILA Amicus Committee alert on Kucana, a 2010 Supreme Court decision where the Court reviewed whether 8 U.S.C. § 1252(a)(2)(B)(ii) strips jurisdiction from federal courts to review rulings on motions to reopen by the Board of Immigration Appeals.
BIA Finds HIV Diagnosis Constitutes Changed Circumstances in Asylum Case
In an unpublished asylum case, the BIA reversed the IJ, finding that the respondent’s HIV diagnosis and subsequent AIDS diagnosis constituted changed circumstances for the purposes of the one-year filing deadline. Courtesy of Ashley Huebner.
BIA on the U.N. Convention Against Transnational Organized Crime
The Board found the respondent was statutorily barred from CAT relief, and held that the U.N. Convention Against Transnational Organized Crime does not provide an independent basis for relief in immigration proceedings. Matter of G-K-, 26 I&N Dec. 88 (BIA 2013)
CA8 Upholds Adverse Credibility Determination, Denies Relief
The court upheld the IJ’s adverse credibility determination and denied asylum, withholding, and CAT relief, finding that the IJ highlighted the inconsistencies and implausibilities in the applications, testimony, and hearing exhibits. (Fofana v. Holder, 1/29/13)
Transcript of President Obama's Speech on Comprehensive Immigration Reform 2013
White House transcript of 1/29/13 speech by President Obama at Del Sol High School in Las Vegas, Nevada where he laid out his 2013 immigration plan that will strengthen our borders and streamline the immigration system for families, workers, and employers.
White House Fact Sheet on Comprehensive Immigration Reform 2013
White House fact sheet on 2013 immigration plan that will strengthen our borders, crack down on companies that hire undocumented workers, hold undocumented people accountable before earning citizenship and streamline immigration system for families, workers, and employers.
CA9 Holds California Conviction for False Imprisonment is an Aggravated Felony
The court held that a conviction under California Penal Code §210.5 for false imprisonment is a categorical crime of violence because it involves a substantial risk that force may be used. (Barragan-Lopez v. Holder, 1/29/13)
CA9 Issues Third Opinion in Case on Unlawful Presence and the Permanent Bar (Updated 1/31/13)
The court removed language permitting the accrual of pre-IIRIRA unlawful presence, denied relief under 212(a)(9)(C)(i)(II), and held that the application of Torres-Garcia to Petitioner was not impermissibly retroactive. (Carrillo de Palacios v. Holder, 1/28/13)
Immigration Court and EOIR Office Closings for January 28, 2013
EOIR public statement announcing that the Ulster, New York and Hartford, Connecticut immigration courts will be closed at 1pm and 3pm respectively on Monday, January 28, 2013 due to inclement weather.
CRCL Newsletter, January 2013
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2013 newsletter with information on new USCIS resources, sexual assault in confinement facilities, human trafficking issues, and more.
2013 AILA Annual Plan and Budget
The AILA Board of Governors approved AILA’s 2013 Annual Plan and Budget at its meeting on January 26, 2013.
AILA Practice Alert: Provisional Unlawful Presence Waivers (Updated 1/25/13)
AILA practice alert providing answers to key questions surrounding the USCIS final rule, “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives,” which takes effect on March 4, 2013.
CA7 on the Meaning of Lawful Status Under §245(k)
The court held that “lawful status” for adjustment eligibility purposes under §245(k) does not extend to a person who has a prior adjustment application still pending, even if that person’s nonimmigrant status has expired. (Chaudhry v. Holder, 1/17/13)