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
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)
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!