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
DHS Letter on Enforcement Operations During Hurricane Sandy
DHS letter on CBP and ICE enforcement actions during Hurricane Sandy, stating that there will not be immigration enforcement initiatives associated with evacuations or sheltering related to Sandy, including the use of checkpoints for immigration purposes.
Petition for a Writ of Habeas Corpus and Motion for Release or Bond
Sample petition for a writ of habeas corpus challenging the continuing detention of an alien who received post-conviction relief and accompany motion for temporary restraining order granting release or bond in the alternative (2004). (Complaint, Amendment, Other Pleading)
BIA Holds “Single Offense” Exception Can Include More Than One Statutory Crime
The BIA held the respondent was not subject to mandatory detention because her convictions for marijuana and drug paraphernalia possession were related to a single incident and covered by the §237(a)(2)(B)(i) exception. Matter of Davey, 26 I&N Dec. 37 (BIA 2012)
TRAC Files FOIA Lawsuit Against ICE on Detention Records
Transactional Records Access Clearinghouse (TRAC) press release on FOIA lawsuit challenging an ICE ruling that its master repository of investigations is off-limits to the public, especially on the complete records of every internal inspection at ICE detention facilities.
AILA Liaison OSC Meeting Minutes (10/23/12)
Minutes from the AILA Verification & Documentation Liaison Committee’s 10/23/12 meeting with DOJ’s Office of Special Counsel. Topics include DACA, E-Verify, electronic I-9s, TALs, current priorities and trends, and more. Special thanks to Montserrat Miller and Marketa Lindt.
CA1 Upholds Denial of Asylum Based on Resistance to Guerilla Recruitment
The court held that there was no evidence that guerillas targeted the petitioner for recruitment because of his political opinion, and found that “Guatemalan nationals repatriated from the U.S.” is not a particular social group. (Escobar v. Holder, 10/22/12)
CA1 Finds Connecticut Drug Offense Is an Aggravated Felony
The court held that a conviction under Conn. Gen. Stat. §21a-277(b) is not categorically an aggravated felony, but that the charging document established that the petitioner pleaded guilty to possessing a controlled substance with intent to sell. (James v. Holder, 10/19/12)
CA1 Holds Connecticut Conviction for Risk of Injury to a Minor Is Not an Aggravated Felony
The court found that a CT statute prohibiting risk of injury to a minor fails to define a crime that requires sexual abuse for its commission and held that the petitioner was not convicted of an aggravated felony under §101(a)(43)(A). (Campbell v. Holder, 10/19/12)
CA9 Defers to Briones, Holds §212(a)(9)(C)(i)(I) Trumps §245(i)
In an en banc decision, the court gave deference to Matter of Briones, and held that individuals who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i). (Garfias-Rodriguez v. Holder, 10/19/12)
CA5 Finds Texas Conviction for Assault Is CIMT
The court upheld the BIA’s determination that the petitioner’s conviction for assault under Texas Penal Code § 22.01(a)(1) was a CIMT because it was an intentional assault that caused physical injury. (Esparza-Rodriguez v. Holder, 10/18/12)
CA7 Denies Mexican Asylum and CAT Relief Claim
The court denied or dismissed three consolidated petitions for review filed by the Mexican petitioner, holding that it had no jurisdiction to review one petition and that the petitioner was not entitled to asylum or CAT relief. (Cruz-Mayaho v. Holder, 10/17/12)
ICE Public Advocate Voice Newsletter, October 2012 (Issue 2)
ICE October 2012 Public Advocate Voice newsletter announcing expansion of the deferred action for childhood arrivals (DACA) hotline into a new ICE Community Hotline, a profile on Women’s Refugee Commission, and information on visitation requests for detainees at ICE facilities.
AILA/USCIS Field Operations Liaison Q&As (10/16/12)
USCIS Field Operations official Q&As from a meeting with AILA on 10/4/12. Topics include NSEERS guidance, NTA issuance, RFE vs. NOID vs. denial, G-28s, biometrics, expedited advance parole, termination of conditional resident status, and more.
CA7 Holds IJ and BIA Erred in Considering 212(h) Waiver
The court held that the IJ and BIA relied on improper evidence in determining that the petitioner failed to exhibit rehabilitation, and that they overlooked material evidence related to the potential hardship his USC wife would suffer. (Lam v. Holder, 10/16/12)
CA2 Finds No Jurisdiction to Review Vacated BIA Order
The court held that the petition for review was moot because the court cannot provide effective relief from an order of removal that was vacated and replaced by an order that relied on materially different reasoning. (Fuller v. BIA, 10/16/12)
CA2 Temporarily Stays Review of Removal Cases
The court suspended action on removal cases in order for ICE to determine which cases are low priority under ICE guidelines or whether there are other reasons that ICE would be unlikely to promptly effect removal. (In the Matter of Immigration, 10/16/12)
AAO Finds Extreme Hardship, Reverses Waiver Denials
AAO approved the I-601 and I-212 waivers, finding the factors including hardship to the applicant’s USC wife and non-qualifying family members outweighed his use of fraudulent documents and unlawful presence. Courtesy of Russell Abrutyn.
DHS/EOIR MOA Regarding the Sharing of Information on Immigration Cases
Memorandum of Agreement between DHS and DOJ EOIR, signed in October 2012, regarding the sharing of information on immigration cases including clarification on the authority for DHS and EOIR to exchange immigration case data.
CA7 Upholds Ortego-Cabrera on Good Moral Character for Cancellation of Removal
The court held cancellation applicants must show good moral character in the 10 years immediately preceding a final administrative decision, and found the petitioner’s recent incarceration barred him from qualifying. (Duron-Ortiz v. Holder, 10/15/12, amended 11/6/12)
CA7 Finds It Has Jurisdiction Over Naturalization Case
The court held that the district court has jurisdiction to review a naturalization denial and issue a declaratory judgment while removal proceedings are pending, noting USCIS acted on the application before DHS began proceedings. (Klene v. Napolitano, 10/12/12)
USCIS Data on DACA Cases Received Through October 10, 2012
USCIS statistics on DACA cases from 8/15/12 to 10/10/12 which shows a total of 179,794 accepted DACA requests for processing, 158,408 biometric services appointments scheduled, 6,416 requests under review, and 4,591 requests approved.
CA1 Finds Prospect of CIR Is Not Good Cause for Continuance
The court upheld the IJ's and BIA’s decisions not to grant a continuance, finding that the prospect of comprehensive immigration reform was a speculative event that was insufficient to justify another continuance. (Sheikh v. Holder, 10/10/12)
New Jersey District Court on Mandatory Detention Under 236(c)
A New Jersey district court held that the “when released” language found in the mandatory detention provisions of INA § 236(c) mean that detention must occur immediately after release from criminal custody. Courtesy of Paul Grotas. (Charles v. Shanahan, 10/9/12)
CA9 Holds California Conviction for Attempted Kidnapping is Crime of Violence
The court held that the petitioner’s California conviction for attempted kidnapping is an aggravated felony, because under the statute, kidnapping presents a substantial risk of force and is thus a categorical crime of violence. (Delgado-Hernandez v. Holder, 10/9/12)
Practice Alert: The Correct I-765 Eligibility Category Under DACA
USCIS reminds stakeholders to use the correct eligibility category on Form I-765 for work authorizations under DACA, which is not the same eligibility category as work authorizations under regular deferred action.