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 Denies Asylum Request of Falun Gong Practitioner
The court held that the petitioner had not suffered past persecution when he learned that his wife in China had been forcibly sterilized, and also that he lacked a well-founded fear of future persecution based on his Falun Gong activities. (Chen v. Holder, 1/18/13)
DHS PIA Report on Alien Criminal Response Information Management System
DHS Privacy Impact Assessment (PIA) report from 1/24/13 on the Alien Criminal Response Information Management System (ACRIMe) which receives and responds to immigration status inquiries made by other agencies about individuals arrested, subject to background checks, and more.
DHS PIA Report on Bonds Online (eBONDS) System
DHS Privacy Impact Assessment (PIA) report from 1/24/13 on the Bonds Online System (eBONDS), which is a web-based application used primarily by surety agents and the Office of Enforcement and Removal Operations (ERO) to facilitate the ICE immigration bond management process.
Iowa Reverses Decision and Will Begin Granting Drivers Licenses to DACA Recipients
The Iowa Department of Transportation released a press release announcing that the state had determined it can now issue driver's licenses or non-operator identification (ID) cards to persons granted DACA based on changed guidance issued by the USCIS.
FCC Notice on Rates for Interstate Inmate Calling Services
FCC notice of proposed rulemaking on the inmate calling services industry and how to ensure just and reasonable rates for inmate calling services. Comments are due 3/25/13. (78 FR 4369, 01/22/13)
CA9 on Resisting Arrest as a Particularly Serious Crime
The court remanded the case, holding that the BIA did not adequately explain its conclusion that the petitioner’s California conviction for resisting arrest constituted a particularly serious crime. (Alphonsus v. Holder, 1/18/13)
AILA New Members Division E-News, January 2013 (Vol. 5, Issue 1)
This issue offers advice on how to navigate the intersection of immigration and criminal law, litigation tips for handling stateside waivers and petitions for an immediate relative, the complications on renouncing U.S. citizenship within U.S. borders, and more!
Letter from North Carolina Attorney General on Drivers Licenses for DACA Grantees
Letter from the North Carolina Attorney General’s Office to the North Carolina DMV stating that individuals who have been granted deferred action pursuant to the DACA program must be issued a North Carolina drivers license in accordance with state law.
CA7 Finds Jurisdiction to Review Deferral of Removal Request
The court held that INA §242(a)(2)(C) does not bar judicial review of a deferral of removal request, found that the evidence supported that the petitioner will probably be murdered if he returns to Kenya, and remanded the case. (Wanjiru v. Holder, 1/11/13)
CA1 Remands Pakistani Petitioner’s Asylum Case
The court found that the BIA and IJ did not properly consider evidence supporting the petitioner’s claim that he could face future persecution in Pakistan by the Taliban because he is an ANP activist and a special police officer. (Khattak v. Holder, 1/17/13)
CRS Report on Prosecutorial Discretion in Immigration Enforcement
Congressional Research Service (CRS) report from 1/17/13 called "Prosecutorial Discretion in Immigration Enforcement: Legal Issues" which addresses the constitutional and other legal foundations and issues related to the doctrine of prosecutorial discretion.
AILA/ICE Workplace Enforcement Meeting Summary (1/17/13)
Q&As from the 1/17/13 AILA Verification & HSI Worksite Enforcement Division meeting. Topics include DACA guidance for employers, FY2012 inspections, substantive/technical errors, NOIs, and electronic I-9s. Thanks to Kathleen Walker, Marketa Lindt & Sharon Mehlman. AILA Doc. No. 13021943.
CA5 Holds Texas Conviction Is Not Categorically an Aggravated Felony
The court held that a conviction under Texas Penal Code § 22.011(a)(1) for sexual assault is not categorically an aggravated felony because portions of the statute do not inherently involve a substantial risk of physical force. (Rodriguez v. Holder, 1/16/13)
CA6 Finds Withholding of Removal Not Available Derivatively
The court held the petitioner was not eligible for asylum or withholding of removal because he sought relief as a derivative of his wife, whose asylum application was denied, and that withholding of removal is not available derivatively. (Camara v. Holder, 1/15/13)
CA2 Finds District Court Did Not Have Jurisdiction to Review 212(i) Waiver Denial
The court held that it did not have jurisdiction to review the petitioner’s 212(i) waiver denial, noting that even if the complaint had raised constitutional claims, the district court did not have jurisdiction to review those claims. (Shabaj v. Holder, 1/15/13)
AIC and AILA File Amicus Brief on Mental Competency in Removal Proceedings
AIC and AILA amicus brief, filed with several other organizations, describing the safeguards that DHS and DOJ should adopt to protect the rights of individuals who are not mentally competent when DHS institutes removal proceedings.
TRAC Report on Record Year for Asylum Cases
Transactional Records Access Clearinghouse (TRAC) report showing odds of an asylum claim being denied reached an historic low in FY2012, with only 44.5% being turned down. Almost 2 out of 3 (62.6%) individuals seeking asylum lost their cases in similar actions 10 years ago.
North Carolina Attorney General Asked to Reinstate Licenses for DACA Recipients with Work Permits
North Carolina Justice Center press release about joint letter asking state officials to reinstate policy that allowed young immigrants who have been authorized to be in the U.S. and granted work permits under a federal program to receive North Carolina driver’s licenses.
CA8 Finds BIA Failed to Consider Future Persecution Claim
The court found that while the petitioner did not establish that he experienced past persecution, the BIA failed to consider one aspect of his distinct claim of a well-founded fear of future persecution and remanded the case. (Tegegn v. Holder, 1/11/13)
AILA Concerns Regarding USCIS DACA Guidance for Employers
AILA’s comments to USCIS Verification division regarding portions of the 11/19/12 “Guidance for Employers,” which provides information to employers in connection with DACA. Special thanks to Daniel Brown, Marketa Lindt, Bonnie Gibson, Sharon Mehlman and Kathleen Walker.
CA9 Holds California Conviction for Simple Kidnapping Not Categorically a CIMT
The court held that simple kidnapping under CPC §207(a) is not categorically a CIMT because it does not involve any elements of a CIMT and California courts have applied the statutes to conduct that is not morally turpitudinous. (Castrijon-Garcia v. Holder, 1/9/13)
BIA Holds California Conviction for Indecent Exposure is CIMT
The Board held that a conviction for indecent exposure under California Penal Code §314(1), which includes the element of lewd intent, is categorically a crime involving moral turpitude. Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013)
CA1 Denies Motion to Reopen Based on Ineffective Assistance of Counsel
The court upheld the conclusion that the motion to reopen was untimely, and that equitable tolling could not apply because the petitioner did not exercise due diligence in pursuing his case. (Bead v. Holder, 1/7/13)
CA1 Denies Motion to Reconsider Based on Additional Ground for Relief
The court denied the petitioner’s motion to reconsider - which was based on a ground for relief not previously asserted, but previously available – because it did not identify any error of fact or law in the original decision. (Martinez-Lopez v. Holder, 1/4/13)
CA11 Finds BIA Erred in Making De Novo Factual Findings
The court held that the BIA erred in overturning the IJ’s finding that Petitioner would be forcibly sterilized upon returning to China because 8 CFR 1003.1(d)(3) empowers the BIA to review an IJ’s factual findings for clear error only. (Zhu v. U.S. Att’y Gen., 1/4/13)