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
AILA and Partners Submit Amicus on the Encouragement Provision
AILA and partners submit an amicus to the Supreme Court in United States v. Hansen arguing that the Encouragement Provision chills vast quantities of immigration advice from attorneys and others and is overbroad and invalid under the First Amendment.
EOIR Updates the Judicial Complaint Process
EOIR issued a document that describes its process for handling judicial complaints.
CA2 Says Petitioner’s Conviction for Sexual Abuse in New York Constituted Sexual Abuse of a Minor Under INA §101(a)(43)(A)
The court dismissed in part the petition for review, holding that petitioner’s conviction for second-degree sexual abuse under NY Penal Law §130.60(2) was a categorical match for sexual abuse of a minor under INA §101(a)(43)(A) and was thus an aggravated felony. (Debique v. Garland, 1/27/23)
CA9 Says BIA Erred in Finding Petitioner Who Was Perceived to Be a Lesbian in Guatemala Had Not Suffered Past Persecution
The court held that the BIA erred in finding that the harm suffered by the petitioner—who was verbally and physically harassed and received death threats because her community in Guatemala perceived her to be a lesbian—did not rise to the level of persecution. (Antonio v. Garland, 1/26/23)
CA2 Reverses Grant of Summary Judgment to ICE in FOIA Lawsuit
The court held that ICE was required to substitute Unique Identifying Numbers (Unique IDs) for deleted Alien Identification Numbers (A-Numbers) in producing the otherwise non-exempt records responsive to the plaintiff’s FOIA request. (ACLU Immigrants’ Rts. Project v. ICE, 1/26/23)
CA3 Finds BIA Erred in Denying Withholding and CAT Relief to Indigenous Petitioner from Guatemala Who Feared Persecution by Gang
Vacating the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief, the court held that the BIA erred in finding that the Guatemalan petitioner did not experience past persecution by a local gang due to his indigenous identity. (Saban-Cach v. Att’y Gen., 1/25/23)
AILA and Partners Submit Amicus Brief on Statutory Rape Offenses
AILA and partners submitted an amicus brief in Negriel v. Garland arguing that Esquivel-Quintana establishes conclusively that a statutory rape offense can only be "sexual abuse of a minor" if the age of consent is 16 or lower.
CA7 Upholds BIA’s Denial of Motion to Reopen After Finding Petitioner Lacked Good Moral Character
Where the Mexican petitioner had two convictions for driving while intoxicated, the court held that the BIA did not abuse its discretion in denying petitioner’s motion to reopen his cancellation of removal application based on a lack of good moral character. (Cruz-Velasco v. Garland, 1/24/23)
CA8 Finds That “Witnesses Who Cooperate with Law Enforcement” Is Not a PSG
The court held that the BIA and IJ did not err in finding that the Guatemalan petitioner had failed to demonstrate that “witnesses who cooperate with law enforcement” constituted a particular social group (PSG) for purposes of asylum eligibility. (Lemus-Coronado v. Garland, 1/23/23)
Asylum Seekers File Class Action Lawsuit Challenging ICE’s Disclosure of Confidential Information in Data Breach
The plaintiffs, asylum seekers who had been detained in ICE custody, filed a class action lawsuit in federal district court alleging that the defendants unlawfully published their private data to ICE’s website. (Asylum Seekers Trying to Assure Their Safety v. Johnson, et al., 1/20/23)
Additional Information Relating to Data Breach from ICE
ICE invited stakeholders to an engagement session to discuss its response to the inadvertent disclosure of PII of approximately 6,000 individuals in the credible fear process. As a supplement to that engagement, this additional information was circulated to stakeholders.
CA2 Says Petitioner’s Conviction for Attempted First-Degree Assault in New York Is a Crime of Violence
Denying the petition for review, the court concluded that the petitioner’s conviction for attempted first-degree assault in violation of New York Penal Law §§110.00, 120.10(1) was a crime of violence under 18 USC §16(a). (Singh v. Garland, 1/19/23)
ICE Provides FAQs on the Unintentional Disclosures of PII
ICE issued FAQs after unintentionally posting personally identifiable information, along with immigration information, of approximately 6,000 noncitizens in ICE custody. DHS also communicated to Cuba 103 names of individuals previously provided for removal processing were part of the ICE disclosure.
CA1 Upholds IJ’s Denial of Withholding of Removal to Petitioner Who Feared Gang Violence in El Salvador
The court found that the IJ did not err by concurring with an asylum officer’s determination that the petitioner, who claimed that he feared violence from gangs in El Salvador, did not have a reasonable fear of persecution or torture. (Reyes-Ramos v. Garland, 1/13/23)
DHS Will Streamline and Expedite Deferred Action for Noncitizen Workers Supporting Labor Enforcement Investigations
DHS announced that noncitizen workers who are victims of or witnesses to the violation of labor rights can now access a streamlined and expedited deferred action process, effective immediately.
ICE Releases Updated Memo on the Confiscation and Return of Original Documents
ICE issued a memo providing policy and procedures for confiscating and returning original documents until initiation of removal proceedings against any detained or non-detained noncitizen.
AILA and Partners Send Letter to President Biden on Deportations to Haiti
AILA and partners sent a letter to President Biden urging the U.S. to stop all deportations to Haiti due to the deadly conditions in Haiti, particularly impacting those individuals who are ineligible for TPS, including those with past criminal convictions or criminal charges.
CA9 Upholds Asylum Denial to Sikh Petitioner with Mann Party Affiliation in India
The court held that substantial evidence supported the BIA’s conclusion that the harm petitioner suffered in India did not amount to past torture, and that he failed to show he would more likely than not face a clear probability of future torture. (Singh v. Garland, 9/14/22, amended 1/12/23)
FOIA Request Compels EOIR to Disclose Docketing Practices
EOIR discloses materials related to docketing practices, Pereira v. Sessions, the Uniform Docketing System Manual, and more in response to a FOIA request. Special thanks to AILA member Nico Ratkowski, who filed the FOIA.
BIA Holds That Stop-Time Rule Is Triggered Only by Service of Compliant NTA or Commission of Specified Criminal Offenses
The BIA held that the stop-time rule under INA §240A(d)(1) is not triggered by the entry of a final removal order, but rather only by service of a statutorily compliant Notice to Appear (NTA) or the commission of specified criminal offenses. Matter of Chen, 28 I&N Dec. 676 (BIA 2023)
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 1/1/23 and ending 3/31/23, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (88 FR 1321, 1/9/23)
CA7 Finds IJ’s Adverse Credibility Determination Was Supported by Findings Tied to Substantial Record Evidence
The court upheld the IJ’s adverse credibility finding as to the Bangladeshi petitioner, concluding that although some of the IJ’s conclusions lacked evidentiary support, on the whole, the decision was supported by findings that had a credible basis in the record. (Porosh v. Garland, 1/5/23)
DHS Announces New Border Enforcement Measures
DHS announced several new border enforcement measures in anticipation of the end of Title 42, including a new parole process for Cubans, Haitians, and Nicaraguans, a new mechanism for noncitizens to schedule appointments to present themselves at ports of entry, and more.
CA4 Finds That Subsection (A)(2) of Virginia Identity Theft Statute Qualifies as a CIMT
The court held that subsection (A)(2) of the Virginia identity theft statute qualified as a crime involving moral turpitude (CIMT) under INA §237(a)(2)(A)(ii), and that the BIA did not abuse its discretion in deciding petitioner’s case in a single-member opinion. (Salazar v. Garland, 1/3/23)
CA9 Vacates Denial of Motion to Reopen Where Petitioner Claimed She Never Received Notice Changing Date and Time of Hearing
The court vacated the denial of petitioner’s motion to reopen, holding that the IJ should have determined the credibility of petitioner’s claims of non-receipt of her hearing notice in light of all circumstantial and corroborating evidence in the record. (Perez-Portillo v. Garland, 12/30/22)