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
Grassley and Smith Ask for Details on DACA Background Checks
A 10/02/12 letter from Senator Grassley (R-IA) and Representative Smith (R-TX) to Secretary Napolitano, requesting details about the background checks being conducted for DACA applicants.
CA9 Upholds the Rule of Law and Limits Chevron Deference for Children Who “Age-Out” During the Green Card Process
AILA Amicus Committee alert on De Osorio v. Mayorkas, which found that children who are under the age of 21 when they are listed as a “derivative” as a permanent residence application should be able to retain their place in line even if they turn 21 before the immigrant visa is issued.
DOJ OIG Report on EOIR Management of Immigration Cases and Appeals
DOJ Office of Inspector General October 2012 report called “Management of Immigration Cases and Appeals by the Executive Office for Immigration Review” which found that immigration court performance reports are incomplete and overstate the actual accomplishments of these courts.
DOJ OIL September 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) September 2012 Litigation Bulletin where the First Circuit held that isolated incidents of mistreatment based on claimed religious grounds did not amount to persecution & other case decisions.
Immigration Law Advisor, September 2012 (Vol. 6, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on egregious violations of the fourth amendment in removal proceedings, as well as circuit court decisions for August 2012, recent BIA precedent decisions, and a regulatory update.
CA7 Finds Adjustment Applicant Knowingly Filed Frivolous Asylum Application
The court found that the petitioner is ineligible for adjustment because he knowingly filed a frivolous asylum application with USCIS, and held that the written advisals provided on Form I–589 are sufficient notice under INA §208(d)(4)(A). (Pavlov v. Holder, 10/1/12)
ICE Introduces New Community Hotline
ICE announcement introducing a new community hotline for members of the public and ICE stakeholders that will allow ICE to address a number of inquiries, including community outreach requests, PD requests, detention concerns, enforcement activities, and more.
DOJ Notice on Retrospective Regulatory Review Under E.O. 13563
DOJ EOIR notice to provide the public with advance notice of future rulemaking to portions of EOIR regulations and to request the public’s input on potential amendments to the EOIR regulations. Comments are due 11/27/12. (77 FR 59567, 09/28/12)
AILA Amicus on Corroborating Evidence In Asylum Cases
The AILA Amicus Committee filed an amicus brief urging the Ninth Circuit to hold that the REAL ID Act requires an IJ to provide an asylum applicant with actual notice that specific corroborating evidence is required and a reasonable opportunity to respond.
Napolitano Letter on Prosecutorial Discretion for LGBT Individuals
A letter from DHS Secretary Janet Napolitano dated 9/27/12 announcing that she directed ICE to disseminate guidance to the field clarifying that "family relationships" includes long-term, same-sex partners for the purposes of prosecutorial discretion.
BIA Grants Asylum to Iraqi Respondent
In an unpublished decision, the BIA reversed the IJ’s decision and granted asylum, noting that the IJ’s speculations relating to the respondent’s motive for traveling to the U.S. were not supported by the record. Courtesy of Robert W. DeKelaita.
CA5 Rejects Departure Bar Regulation for Motions to Reconsider
The court concluded that INA §240(c)(6)(a) unambiguously gives noncitizens a right to file a motion to reconsider regardless of whether they have left the United States, holding that 8 C.F.R. §1003.2(d) is invalid. (Lari v. Holder, 9/27/12, revised 11/8/12)
CA5 Rejects Departure Bar Regulation for Motions to Reopen
The court concluded that INA § 240(c)(7) unambiguously gives noncitizens a right to file a motion to reopen regardless of whether they have left the United States, holding that 8 C.F.R. § 1003.2(d) is invalid. (Garcia Carias v. Holder, 9/27/12)
USCIS Policy Memo on “Limited General” TRIG Exemption
USCIS policy memo dated 9/26/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals with existing immigration benefits.
AILA’s New Members Division Newsletter, September 2012 (Vol. 4, Issue 6)
In this edition, discover how to balance ethics and your DACA cases, learn to effectively maneuver through master calendar hearings, find tips on how to handle complex U visa cases, and more!
EOIR to Relocate Headquarters Immigration Court
EOIR press release announcing the closing of its Headquarters Immigration Court on 9/28/12 for relocation and will recommence hearings at the new location on 10/3/12. The address for the new location is 1901 South Bell Street, Suite 200, Arlington, VA 22202.
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)
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.
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.
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)