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
DREAMers File Lawsuit Challenging Michigan’s Policy Denying Driver’s Licenses
ACLU press release announcing that several Michigan residents have filed a lawsuit challenging the state of Michigan’s policy of denying driver’s licenses to immigrant youth whom the federal government has allowed to stay and work in the U.S.
DHS Notice on Standards to Prevent Sexual Abuse in Confinement Facilities (Updated 12/19/12)
DHS Federal Register notice of proposed rulemaking on issuing regulations that set standards to prevent, detect, and respond to sexual abuse and assault in DHS confinement facilities, pursuant to the Prison Rape Elimination Act of 2003. (77 FR 75299, 12/19/12)
BIA Terminates Removal Proceedings After Finding Conviction Not Child Abuse
Unpublished BIA decision terminating proceedings after finding that a conviction of contributing to the delinquency of a minor does not qualify as an aggravated felony and that the conduct underlying the conviction may not be used to reach a contrary conclusion. Courtesy of Magdalena Metelska.
CA7 Rejects Argument that BIA Failed to Consider Evidence
The court upheld the denial of the petitioner’s cancellation of removal application, finding that the BIA did not fail to consider evidence of “exceptional and extremely unusual hardship” in its decisions. (Cruz-Moyaho v. Holder, 12/18/12)
CA2 Reverses BIA on Social Visibility Assessment
The court vacated the BIA order denying asylum, held that a group of potential witnesses against a KLA leader constituted a particular social group, and remanded the case for further consideration. (Gashi v. Holder, 12/18/12)
CA6 Holds BIA Abused Discretion When Considering Motion to Reopen Asylum Case
The court remanded the case, holding that the BIA abused its discretion when it considered whether there were changed country conditions and when it dismissed evidence simply because the statements were not made before a notary public. (Zhang v. Holder, 12/18/12)
BIA Upholds Exception To Filing Deadline in Asylum Case With 18-Year Filing Delay
In an unpublished asylum case, the BIA held that the respondent met an exception to the one-year filing deadline to overcome an 18-year filing delay based on the respondent’s HIV-positive diagnosis and struggle to accept his sexuality. Courtesy of Ashley Huebner.
District Judge Rejects Hosh and Rojas
AILA Amicus Committee alert by Devin Theriot-Orr on DHS’s continued assertion of mandatory detention in all “when released” cases arising in the Western District and reminder to members to consider filing a habeas corpus petition in these cases.
DHS Federal Register Notice on DACA and Form I-821D (Updated 2/27/13)
DHS notice of information collection under review for 30 days for Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA). Comments are due 3/29/13. (78 FR 13370, 02/27/13)(77 FR 74488, 12/14/12)
CA8 Finds DHS Did Not Violate Asylum Applicant’s Confidentiality Rights
The court rejected the petitioner’s arguments that an overseas DHS investigation violated her confidentiality rights and that the IJ considered untrustworthy evidence, and upheld the BIA’s conclusion she had not suffered past persecution. (La v. Holder, 12/13/12)
USCIS Data on DACA Cases Received Through December 13, 2012
USCIS statistics on DACA cases from 8/15/12 to 12/13/12 which shows a total of 355,889 accepted DACA requests for processing, 336,464 biometric services appointments scheduled, 157,151 requests under review, and 102,965 requests approved.
Summary of DACA Implementation Survey Results
Summary of responses to the DACA implementation survey conducted by AIC, IAN, and AILA. The results provide anecdotal information that shed light on the experiences some attorneys and accredited representatives have had with DACA implementation.
CA5 Holds New Mexico Conviction for Vehicle Burglary is Aggravated Felony
The court held that a conviction for burglary of a vehicle under New Mexico Statute § 30-16-03(B) constitutes a crime of violence, and therefore the petitioner is removable for having committed an aggravated felony. (Escudero-Arciniega v. Holder, 12/11/12)
Minnesota State Court Decision on Special Immigrant Juvenile Status
In an unpublished decision, a Minnesota state court found that the SIJS statute only requires a finding that reunification is not viable with one of the child's parents, not both parents. (In the Matter of the Welfare of: D. A. M., 12/10/12)
Lopez-Mendoza Reconsidered: The Changing Face of Immigration Enforcement
AILA Amicus Committee alert by Melissa Crow and Matthew Price on the Supreme Court case, Lopez-Mendoza, and the need for updated legal framework in light of the changing immigration enforcement arena.
Practice Pointer: Prosecutorial Discretion & LGBT Families
Liaison practice pointer offering information on prosecutorial discretion, a background on DOMA, and suggestions for how to protect an LGBT client. Special thanks to Victoria Neilson and the LGBT Working Group.
Secretary Napolitano Announces Standards to Prevent Prison Rape in Detention Facilities
DHS press release announcing that DHS has submitted to the Federal Register a Notice of Proposed Rulemaking on standards to prevent, detect, and respond to sexual abuse and assault in confinement facilities, in accordance with the Prison Rape Elimination Act of 2003 (PREA).
DHS Memo to USCIS and ICE OPLA on False Citizenship Claims by Children
Memo from DHS to the USCIS Office of the Chief Counsel (OCC) and the ICE Office of the Principal Legal Advisor (OPLA) on the knowledge and legal capacity elements of false citizenship claims by children, obtained through a FOIA request. Courtesy of Nancy Falgout.
California Attorney General Guidance on Enforcement of Secure Communities
Information bulletin from California Attorney General Kamala Harris to state and local law enforcement agencies stating California law enforcement agencies can make their own decisions on whether to fulfill individual ICE immigration detainers under Secure Communities program.
CA9 Finds Petitioner Ineligible for Withholding Due to Conviction for “Particularly Serious Crime”
The court found that the petitioner was ineligible for withholding of removal because he had been convicted of a “particularly serious crime” within the meaning of INA §241(b)(3)(B)(ii), and upheld the revocation of his asylee status. (Pechenkov v. Holder, 12/3/12)
CA2 Holds Substituted Beneficiaries Are Not Grandfathered for 245(i) Purposes
The court upheld 8 CFR §245.10(j), finding the grandfathering provisions in INA §245(i) only apply to beneficiaries listed on the labor certification as of April 30, 2001, not individuals who were later substituted as beneficiaries. (Lee v. Holder, 12/3/12)
CA8 Denies Asylum Claim Based on HIV-Positive Status
The court found the BIA adequately addressed the petitioner’s asylum claim, which was based on his HIV-positive status, and upheld the IJ’s adverse credibility finding and decision to exclude medical records. (R.K.N. v. Holder, 12/3/12)
CA1 Issues Temporary Stay of Mandate to Allow Petitioner to Apply for DACA
The court upheld the denial of the petitioners’ motion to reopen their asylum case based on changed circumstances, but issued a 90-day stay of mandate to allow the son to apply for deferred action for childhood arrivals. (Gasparian v. Holder, 12/3/12)
ICE Public Advocate Voice Newsletter, December 2012 (Issue 3)
ICE December 2012 Public Advocate Voice newsletter on detention reform, community roundtable discussions, and more.
1st Things First (December 2012)
December 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.