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
CA2 Denies Albanian Woman’s Asylum Claim
The court held that young, unmarried Albanian women who are at risk of being kidnapped and forced into prostitution do not constitute a social group for asylum purposes and denied the petitioner’s asylum and withholding applications. (Gjura v. Holder, 9/25/12)
CA1 Says No Jurisdiction to Review Decision that Asylum Application Was Untimely
The court held it did not have jurisdiction to review the IJ’s decision that the asylum application was untimely and denied withholding, finding that the petitioner did not demonstrate past persecution or a likelihood future persecution. (Cabas v. Holder, 9/25/12)
DOJ OIL August 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) August 2012 Litigation Bulletin where Fourth Circuit holds that the material support bar does not contain a duress exemption or involuntary support exception & other issues related to key adjustment of status & asylum decisions.
Practice Advisory: Counseling Employers on DACA Issues
AILA provides a practice advisory for attorneys advising employers on DACA issues, including conflicts of interest, constructive knowledge and confidentiality of employer data in DACA apps. Special thanks to Kathleen Walker, Marketa Lindt, Richard Gump, and Sharon Mehlman.
BIA Holds Arizona Reckless Endangerment Conviction is CIMT
The BIA held that a conviction for “recklessly endangering another person with a substantial risk of imminent death” is a CIMT, despite defining reckless to include when a person is unaware of the risk due to intoxication. Matter of Leal, 26 I&N Dec. 20 (BIA 2012)
UNHCR Report on Detention Guidelines for Asylum Seekers
UNHCR report entitled “Detention Guidelines: Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention” on the rights to liberty and security of person and to freedom of movement which apply to asylum-seekers.
BIA Holds Special Rule Cancellation Applicant Not Eligible for 212(h) Waiver
The BIA held that an applicant for special rule cancellation of removal cannot use a 212(h) waiver to overcome §240A(b)(2)(A)(iv), which bars persons who are inadmissible under §212(a)(2) from applying for cancellation. Matter of Y-N-P-, 26 I&N Dec. 10 (BIA 2012)
Change in DHS Policy on False Claims to USC by Minors on the Horizon
AILA has learned that DHS is in the process of changing its policy on false claims to USC by minors. We believe the new policy will protect certain minors from a false claim charge, and understand that written guidance is forthcoming.
CA9 Finds IJ Violated Right to Counsel by Denying Motion to Continue
The court found that the IJ violated the petitioner’s right to counsel by denying his motion to continue and requiring him to proceed unrepresented, and held that the petitioner did not need to show the violation prejudiced him. (Montes-Lopez v. Holder, 9/18/12)
CA9 on Modified Categorical Approach
The court held that the record of conviction was inconclusive as to whether the petitioner was convicted of an aggravated felony, and thus the petitioner did not satisfy his burden of showing he was eligible for cancellation of removal. (Young v. Holder, 9/17/12)
BIA Overturns IJ, Grants Non-LPR Cancellation of Removal
In an unpublished decision, the BIA granted non-LPR cancellation, holding that the respondent met the “exceptional and extremely unusual” hardship standard based on the qualifying child's "extraordinary academic achievements and potential." Courtesy of Nicolas Chavez.
CA3 Finds Petitioner Who Adjusted to LPR Status in U.S. Eligible for 212(h) Waiver
The court held that the petitioner was eligible for a 212(h) waiver because he adjusted to LPR status while in the U.S., and thus was never “admitted” to the U.S. as an “alien lawfully admitted for permanent residence.” (Hanif v. Att’y Gen., 9/14/12)
CA9 Finds No Right to Counsel for LPR “Applicant for Admission”
The court held the LPR petitioner had no right to counsel during questioning at the border because officers properly determined he was an “applicant for admission” based on their conclusion that he had engaged in illegal activity. (Gonzaga-Ortega v. Holder, 9/14/12)
CA9 Rebukes Government on Deportation of Exculpatory Witness
The court held that the government cannot deport witnesses who can provide exculpatory evidence for a criminal defendant - in this case charged with alien smuggling - without allowing defense counsel an opportunity to interview them. (U.S. v. Leal-Del Carmen, 9/14/12)
USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 9/14/12)
USCIS updated FAQs, as of 9/14/12 on DACA. New FAQs include information on travel, G-28s for attorneys providing pro bono services at group events, listing social security numbers, documenting continuous residence, information for employers, and more.
CA3 Says Exclusionary Rule Can Apply in Removal Proceedings
The court held that the exclusionary rule may apply in removal proceedings under certain circumstances, and granted a motion to reopen so the petitioner could subpoena other witnesses and introduce new documents. (Oliva-Ramos v. Atty’ Gen., 9/13/12, amended 11/6/12)
SSA Guidance to DACA Recipients on Obtaining an SSN
One-page SSA handout providing information to individuals granted deferred action for childhood arrivals (DACA) on the requirements and process for applying for a social security number.
AILA Letter to California Governor Jerry Brown in Support of the TRUST Act (AB 1081)
On 9/12/12, AILA sent a letter to California Governor Jerry Brown analyzing the impact of implementing the TRUST Act (AB 1081) and urging the Governor to support the bill.
Attorney Laptops Approved for Immigration Court Hearings
ICE Public Advocate alert that ICE will now allow private attorneys or accredited representatives appearing before an immigration judge on behalf of detainees to bring a laptop into EOIR courtrooms located within detention facilities.
CA8 Holds Asylum Applicant’s Daughter Is Unlikely To Be Subjected to FGM
The court upheld the IJ and BIA’s determination that the petitioner did not demonstrate a well-founded fear of persecution because it concluded that his daughter was unlikely to be subjected to FGM. (Hounmenou v. Holder, 9/11/12)
AILA Amicus on Prostitution as a CIMT
The AILA Amicus Committee filed an amicus brief with the Board, urging it to hold that simple prostitution is not categorically a crime involving moral turpitude (CIMT).
First Wave of DACA Grants Started
DHS has advised AILA that the first adjudications of requests for deferred action for childhood arrivals have been completed, and electronic notifications are being sent.
BIA Holds Asylum Applicant Committed Serious Nonpolitical Crime
The BIA held that the applicant had committed a serious, nonpolitical crime in Cote d’Ivoire and was ineligible for relief after finding that the criminal conduct was disproportionate to its political character. Matter of E-A-, 26 I&N Dec. 1 (BIA 2012)
EOIR to Relocate Arlington, VA Immigration Court
EOIR press release announcing that it will close its Arlington, VA Immigration Court on 9/12/12 to prepare for relocation. The Arlington Immigration Court will recommence hearings at the new location on 9/18/12 at 1901 South Bell Street, Suite 200, Arlington, VA 22202.
CA3 Remands Jamaican CAT Claim By Mentally Ill Petitioner
The court granted the petition for review, finding that the BIA applied an incorrect legal standard and failed to adequately consider the argument that Jamaican prison inmates would sexually assault Petitioner because of his mental illness. (Roye v. Att’y Gen., 9/10/12)