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
OSC Technical Assistance Letter on DACA Hiring Process
A 9/10/12 letter from DOJ Special Counsel Seema Nanda on whether those receiving deferred action for childhood arrivals (DACA) can be legally hired, and, if so, what documents constitute proof that they are authorized to work in the United States.
BIA Reverses IJ, Grants Cancellation
In an unpublished decision, the BIA granted cancellation of removal, finding the respondent credible and noting that his drug possession arrests did not warrant a discretionary denial as he denied culpability and was not prosecuted. Courtesy of Fausto Falzone.
CA2 Remands Asylum Claim Based on Opposition to Workplace Corruption
The court held that the BIA applied the wrong legal standard when assessing whether the petitioner’s opposition to corruption constituted a political opinion, and that it erred by failing to consider his claim of imputed political opinion. (Yu v. Holder, 9/7/12)
DHS Advises On Various DACA Process Questions
Information from DHS on DACA process issues includes expected timing of process, handling of denials, and upcoming FAQ.
CA3 Finds Petitioner Ineligible for 212(h) Waiver
The court found the petitioner was ineligible for a 212(h) waiver, rejecting his argument that he was never "lawfully" admitted to the U.S. as an LPR because he attained LPR status through fraud or misrepresentation. (Martinez v. Att’y Gen., 9/6/12)
CA9 Holds Written Advisals Are Sufficient Notice of Frivolous Asylum Application Consequences
The court held that the written advisals provided on Form I–589 asylum application are sufficient notice under INA §208(d)(4)(A) of the consequences of filing a frivolous asylum application. (Cheema v. Holder, 9/6/12)
CA9 Holds CA Sexual Battery is Not Aggravated Felony
The court granted the petition, holding that the crime of sexual battery in California is not categorically an aggravated felony, and that none of the evidence they could consider established that the petitioner’s victim was a minor. (Sanchez-Avalos v. Holder, 9/4/12)
CA1 Denies Ukrainian Asylum Claim Based on Pentecostal Beliefs
The court denied the petitioner’s applications for asylum, withholding, and CAT relief, finding the mistreatment she suffered in the Ukraine on account of her Pentecostal religious beliefs did not rise to the level of persecution. (Rebenko v. Holder, 9/4/12)
VOICE: September/October 2012
This special edition of VOICE is dedicated to Deferred Action for Childhood Arrivals. Find the advice and resources you need to successfully manage your DACA cases!
Immigration Law Advisor, July-August 2012 (Vol. 6, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article analyzing child abuse and rape in immigration law, as well as circuit court decisions for June and July 2012, recent BIA precedent decisions, and a regulatory update.
1st Things First (September 2012)
September 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.
CIS Ombudsman’s Office September 2012 Quarterly Update
CIS Ombudsman’s Office September 2012 Quarterly Update with information on the 2012 Annual Report to Congress, highlights from current areas of focus in the Ombudsman’s Office, examples of case assistance provided by Ombudsman’s Office & information about DHS initiatives.
DHS Report on Immigration Enforcement Actions for 2011
September 2012 DHS Office of Immigration Statistics report estimating that CBP found 212,000 foreign nationals inadmissible for entry into the United States, DHS made 642,000 apprehensions of foreign nationals and ICE removed an all-time high 188,000 criminals from the U.S.
CA7 Finds No Jurisdiction to Review Motion to Reopen
The court held that it did not have jurisdiction to review the petitioner’s motion to reopen the reinstatement order. (Tapia-Lemos v. Holder, 8/31/12)
CA7 Denies Withholding Request Based on Factory Protest
The court denied the petitioner’s request for withholding of removal, finding that his protest at a state-owned factory was economic, not political, activity and that any persecution he endured was not because of a protected ground. (Liu v. Holder, 8/31/12)
CA9 Remands Case to Determine Term of Imprisonment
In order to decide whether the petitioner is eligible for relief under former 212(c), the court remanded to determine whether the petitioner’s term of imprisonment was over five years given his time in pre-trial psychiatric confinement. (Corpuz v. Holder, 8/31/12)
CA3 Finds Petitioner Subject to Removal After Passing Natz Exam
The court held that the petitioner was subject to removal for his 2008 drug-related convictions even though he had completed his naturalization examination in 1998 because he was never scheduled for nor took the required oath. (Duran-Pichardo v. Att’y Gen., 8/31/12)
ICE Public Advocate Voice Newsletter, August 2012 (Issue 1)
ICE August 2012 Public Advocate Voice newsletter on deferred action for childhood arrivals (DACA), Know Your Rights videos, LGBT training materials and more.
CRS Report on Immigration Detainers
Congressional Research Service (CRS) report from 8/31/12 called “Immigration Detainers: Legal Issues” surveying the various legal authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies.
HHS Notice on PCIP Program Definition of “Lawfully Present”
HHS notice of amendment to interim final rule on amending definition of “lawfully present” for rules governing health insurance exchanges & tax credits to ensure that people applying for deferred action are not eligible. Comments are due 10/29/12. (77 FR 52614, 8/30/12)
CAP Report on Consequences of Legalization Versus Mass Deportation
Center for American Progress report describing direct impacts of either deporting or legalizing undocumented workers, showing economic contributions of immigrants, both documented and undocumented, for seven states.
Immigration Officials Advise Educators on Deferred Action
Education Week blog post about school records being among the key documents that young undocumented immigrants must submit in deferred action requests, where they must demonstrate that they are currently enrolled in school, have graduated from high school or obtained a GED.
HHS Letter Announcing DACA Grantees Not Eligible for Medicaid
Letter from the HHS Centers for Medicare & Medicaid Services informing state health officials and Medicaid directors that individuals who qualify for Deferred Action for Childhood Arrivals (DACA) will not be eligible for Medicaid and CHIP under the CHIPRA state option.
CA2 Holds VWP Entrant Cannot Contest Removal Through Adjustment of Status
The court held that a Visa Waiver Program (VWP) participant could not contest her removal on the basis of an adjustment of status application filed after the 90-day period during which a VWP participant may stay in the country. (Gjerjaj v. Holder, 8/28/12)
AAO Finds Applicant Did Not Willfully Misrepresent Criminal History
In an unpublished decision, the AAO found the applicant did not willfully misrepresent his criminal history because he did not understand the meaning of “moral turpitude,” and granted a 212(h) waiver for other grounds of inadmissibility. Courtesy of Steven Heller.