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
CA3 on the Post-Departure Bar and Motions to Reopen Sua Sponte
The court upheld the BIA’s determination that it lacked jurisdiction to review a motion to reopen sua sponte - filed by the petitioner out of time and after he was already removed from the country - because of the post-departure bar. (Desai v. Att’y Gen, 8/21/12)
BIA Finds Texas Conviction for Resisting Arrest Is Not CIMT
In an unpublished decision, the BIA held that a Texas conviction for resisting arrest only qualifies as a CIMT if there is an intentional act combined with a meaningful level of bodily harm to the victim. Courtesy of Sonali Patnaik.
AILA Liaison Summary of Visit to CDJ
AILA Liaison provides an overview of the key issues discussed during an 8/21/12 AILA Liaison meeting with USCIS and DOS at the U.S. Consulate General in Ciudad Juarez, Mexico (CDJ). Topics include IV procedural issues, medical examinations, gang affiliation, and tattoos.
BIA Finds Advance Parole Not “Departure” Under INA § 212(a)(9)(B)(i)(II) (Updated 8/20/12)
The BIA found the respondents, who applied for adjustment under 245(i) and left on advance parole, did not make a departure which resulted in their inadmissibility under §212(a)(9)(B). Revised 8/16/12. Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).
ICE Report on Detained Asylum Seekers
ICE report from 8/20/12 presenting to Congress data on asylum applicants in detention with a report on detained asylum seekers covering FY2009 and FY2010.
Nebraska Governor’s Statement on President Obama’s Deferred Action Program
Nebraska Governor Dave Heineman statement clarifying that individuals granted deferred action under the June 15th memo will not be eligible for Nebraska drivers licenses or other state benefits.
CA1 Finds Those Who Oppose Gang Membership Are Not a “Socially Visible” Group
The court held that the Salvadoran petitioner failed to show he would suffer persecution because he opposes gang membership, noting he did not pinpoint any characteristic that renders members of the proposed group socially visible. (Beltrand-Alas v. Holder, 8/17/12)
AILA Amicus Committee Urges BIA to Reject “Social Visibility” Test
The AILA Amicus Committee filed an amicus brief in a case remanded from the Third Circuit, urging the BIA to reject the “social visibility” test in asylum cases and restore the "immutable characteristic" test as the sole measure of particular social groups.
AILA Joins National Partners to Launch Deferred Action Website
AILA is proud to be part of the national effort to launch a website which is designed to help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) initiative.
USCIS Notice of Information Collection on Form I-243
USCIS notice of information collection request for review on whether to revise the Form I-243, Application for Removal. Comments are due 10/16/12. (77 FR 49822, 8/17/12)
CA7 on Untimely Motions to Reopen
The court found the petitioner’s motion to reopen was untimely filed with the BIA, noting that he did not adequately preserve an argument for review, and held he did not qualify for equitable tolling due to ineffective assistance. (El-Gazawy v. Holder, 8/16/12)
Governor Perry’s Letter to Texas Attorney General Regarding the Deferred Action Program
Texas Governor Rick Perry’s letter instructing Texas Attorney General Greg Abbott to ensure that all Texas agencies understand that deferred action confers absolutely no legal status to those that qualify.
DHS Notice on DACA and Form I-821D (Updated 8/17/12)
DHS notice of information collection under review for 30 days for Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are due 9/17/12. (77 FR 49451, 8/16/12)
Arizona's Governor's Executive Order Regarding Deferred Action
Arizona Governor Jan Brewer’s Executive Order clarifying that individuals granted deferred action under the June 15th memo will not be eligible for Arizona drivers licenses or other state benefits.
CA9 Finds Conviction Under Uniform Code of Military Justice Is Not Aggravated Felony
The court found that the respondent, who had used a government computer to access pornography and was convicted under the UCMJ for violating an order or regulation, had not been convicted of an aggravated felony. (Aguilar-Turcios v. Holder, 8/15/12)
District Court Issues Settlement Notice in EAD Class Action
The Central District of California announced a settlement agreement in a class action affecting individuals in removal proceedings in Los Angeles who renewed their adjustment application in proceedings and were denied employment authorization. (Dayo v. Napolitano, 8/15/12)
CA11 on Res Judicata and NTA Amendments
The court found that res judicata did not bar proceedings against the respondent, and that DHS had the authority to change the designation of status on the NTA from “inadmissible” to “admitted but removable.” (Dormescar v. U.S. Att’y Gen., 8/15/12)
CA2 on Rescinding Adjusted Status
The court rejected the petitioner’s claim that he was the beneficiary of adjustment of status when he received an immigrant visa, and held that the 5-year limitation for rescinding grants of adjustment does not apply to removal proceedings. (Adams v. Holder, 8/15/12)
Today the DREAM Begins: USCIS Accepts Deferred Action Requests
AILA applauds USCIS for its on-time implementation of the Deferred Action for Childhood Arrivals (DACA) initiative announced by Department of Homeland Security (DHS) Secretary Janet Napolitano on June 15, 2012.
USCIS Begins Accepting Requests for Consideration of Deferred Action for Childhood Arrivals
USCIS press release on meeting its 60-day implementation date and that it will begin accepting requests, effective immediately, for consideration of deferred action for childhood arrivals for certain people who came to the U.S. as children and meet other key guidelines.
BIA Faults IJ for Defects in Removal Hearing
The BIA held that the IJ should have given the detained respondent time to obtain an attorney, advised him of possible eligibility for asylum or withholding, and considered his eligibility for voluntary departure. Matter of C-B-, 25 I&N Dec. 888 (BIA 2012)
CA3 Finds Jurisdiction Over Premature Petition for Review
The court found jurisdiction to review the petition, which was filed before the BIA issued its final decision on the motion to reopen, noting the Attorney General did not show he was prejudiced by letting the petition ripen. (Khan v. Att’y Gen., 8/14/12)
AILA Fact Sheet on Deferred Action for Childhood Arrivals
AILA fact sheet highlighting key features of the DACA initiative and of the young people it will protect and provides links to the relevant forms, as well as additional resources.
USCIS Publishes Forms for Consideration of Deferred Action for Childhood Arrivals
USCIS press release announcing that they have submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS beginning 8/15/12.
CA11 Finds No Jurisdiction to Review Good Moral Character Determination
The court held that it lacked jurisdiction to review the denial of the petitioner’s request for cancellation because it was based on the BIA’s discretionary determination that the petitioner lacked good moral character. (Jimenez-Galicia v. U.S. Att’y Gen., 8/13/12)