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
BIA on Determining Whether LPR is Applicant for Admission
The BIA held that when DHS paroled a returning LPR, it did not need to have all the evidence to sustain its burden of proving the LPR was an applicant for admission until the time of the removal proceeding. Matter of Valenzuela-Felix, 26 I&N Dec. 53 (BIA 2012)
USCIS Data on DACA Cases Received Through November 15, 2012
USCIS statistics on DACA cases from 8/15/12 to 11/15/12 which shows a total of 298,834 accepted DACA requests for processing, 273,203 biometric services appointments scheduled, 124,572 requests under review, and 53,273 requests approved.
NGO Report on Ten Worst Prisons for Immigrants in America
Detention Watch Network (DWN) report from 11/15/12 outlining acute and chronic human right violations occurring in immigration detention in the United States today, identifying ten prisons and jails that are among the worst where immigrants are detained by the U.S. government.
ICE Launches Second Phase of Community and Detainee Helpline
ICE press release on launch of second phase of Community amd Detainee Helpline (CDH) where detainees from ERO Washington, Baltimore, Atlanta, Miami, and New Orleans can directly contact Office of Public Advocate by telephone through toll-free telephone systems in the facilities.
AILA/EOIR Liaison Meeting Minutes (11/15/12)
Official minutes from the AILA EOIR and OCAHO Liaison Committees’ meeting with EOIR on 11/15/12. Topics include publication of OCAHO decisions, OCAHO caseload, ICPM and court practices, telephonic hearings, bond hearings, asylum filings, regulatory updates, and more.
CA10 Upholds BIA Interpretation of Continuous Physical Presence Statute
The court upheld the BIA’s determination that the petitioner did not satisfy the continuous physical presence requirement for cancellation of removal because his voluntary return to Mexico was under threat of removal proceedings. (Barrera-Quintero v. Holder, 11/15/12)
EOIR Updates Sections of Immigration Court Practice Manual
EOIR 11/14/12 update of several different sections of the Immigration Court Practice Manual, including providing updated addresses for the Headquarters and Arlington Immigration Courts in Appendix A of the Practice Manual.
AILA Amicus on Asylum Claims Based on Domestic Violence
AILA amicus brief submitted to the BIA on 11/14/12, arguing that domestic violence may form the basis of an asylum or withholding of removal claim.
BIA on Definition of Particularly Serious Crime for Asylum Purposes
The BIA held that Matter of N-A-M-, which held that an offense need not be an aggravated felony to be considering a particularly serious crime for purposes of barring asylum, applies to cases in the Third Circuit. Matter of M-H-, 26 I&N Dec. 46 (BIA 2012)
USCIS Policy Memo on TRIG Exemption for Participation in Iraqi Uprisings
USCIS policy memo dated 11/12/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals who are inadmissible due to participation in or association with the Iraqi uprisings from 3/1/1991 through 4/5/1991.
Immigration Court and EOIR Office Closings for November 9, 2012
EOIR press release announcing that the Varick Street immigration court will be closed to the public on Friday, November 9, 2012 & re-open for hearings on 11/13/12. All hearings initially scheduled during period of emergency closure will be rescheduled upon courts re-opening.
CA4 Holds Petitioner Who Adjusted to LPR Status in U.S. is Eligible for 212(h) Waiver
Citing its decision in Bracamontes v. Holder, the court held that the petitioner, who entered the U.S. illegally and adjusted to LPR status through an employment-based petition while in the U.S., is eligible to seek a 212(h) waiver. (Leiba v. Holder, 11/9/12)
CA1 Denies Guatemalan Withholding Claim
The court held that the petitioner did not show that the persecution of his family members was causally linked to family membership and found that “victims of gang threats and possible extortion” is an overly broad social group. (Tay-Chan v. Holder, 11/9/12)
CA1 Denies Asylum Based on Perceived Wealth of Family
The court held that the petitioner had not provided sufficient evidence to establish a well-founded fear of persecution based on his family membership, and rejected the argument that his family was targeted for their perceived wealth. (Perlera-Sola v. Holder, 11/9/12)
AILA ICE Liaison Committee Meeting Q&As (11/8/12)
AILA ICE Liaison Committee questions and answers from the 11/8/12 liaison meeting with ICE, including information on prosecutorial discretion, communication with ICE OCC, DACA, the Risk Classification Assessment tool, bond hearings, and stays of removal.
CA6 Denies Senegalese Asylum Claim Based on FGM
The court rejected the petitioner’s asylum claim based on her fear that her daughters will be subject to FGM if they return to Senegal, and held that DHS rebutted the presumption of future persecution based on her own resistance to FGM. (Dieng v. Holder, 11/8/12)
CA11 Denies Untimely Motion to Reopen Based on Ineffective Assistance of Counsel
The court upheld the BIA’s decision to deny the untimely motion to reopen based on ineffective assistance of counsel, and found the petitioner failed to demonstrate changed circumstances in gang violence in Honduras. (Ruiz-Turcios v. U.S. Att’y Gen., 11/8/12)
Immigration Court and EOIR Office Closings for November 8, 2012
EOIR press release announcing that the Varick Street immigration court will be closed on Thursday, November 8, 2012. All hearings initially scheduled during the period of emergency closure will be rescheduled upon the courts re-opening.
DOJ OSC Fall 2012 Newsletter
DOJ Office of Special Counsel (OSC) newsletter for the fourth quarter of 2012 covering issues related to enforcement activities, webinar schedules, temporary protected status (TPS) on Haiti, guidance on deferred action for childhood arrivals (DACA) and more.
Immigration Court and EOIR Office Closings for November 7, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Wednesday, November 7, 2012. All hearings initially scheduled during the period of emergency closure will be rescheduled upon the courts re-opening.
CA8 Remands Asylum and Cancellation Case to BIA
The court remanded the case, holding that the BIA’s basis for rejecting the asylum claim was unclear and may have relied on an incorrect statement of law, and that it engaged in improper fact-finding when considering the cancellation claim. (Flores v. Holder, 11/7/12)
CA8 Upholds Denial of Motion to Terminate under FFOA
The court denied the petitioner’s asylum application, and rejected her argument that the BIA erred in denying her petition to terminate removal proceedings under the Federal First Offender Act (FFOA). (Brikova v. Holder, 11/7/12)
BIA Questions on Particular Social Group
The BIA issued a notice of oral argument in an asylum case before the BIA. The notice listed questions related to particular social group claims for counsel to be prepared to discuss at the hearing, including questions on the social visibility and particularity requirements.
CA5 Holds Petitioner with Pre-IIRIRA Jury Conviction Eligible for §212(c) Relief
Relying on Vartelas, the court concluded that IIRIRA’s repeal of INA §212(c) could not be applied retroactively to the petitioner, who was convicted of an aggravated felony in a jury trial before IIRIRA was passed. (Carranza-De Salinas v. Holder, 11/6/12)
Immigration Court and EOIR Office Closings for November 6, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Tuesday, November 6, 2012 due to inclement weather. All other immigration courts, the Board of Immigration Appeals, and EOIR headquarters are open as scheduled.