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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA4 Denies NACARA Relief Due to Material Support Bar
The court held that the petitioner was ineligible for NACARA relief because he provided material support to a terrorist organization in the early 1980s by allowing FMLN guerrillas to use his kitchen. (Barahona v. Holder, 8/13/12)
CA5 Holds TX Conviction for Possession of Fraudulent Identifying Information Is CIMT
The court found that the petitioner’s Texas conviction for unlawful possession of fraudulent identifying information is a crime involving moral turpitude, and held she was ineligible for cancellation of removal. (Nino v. Holder, 8/13/12)
AILA Argues BIA Decision on Categorical Approach Should Be Overturned
The AILA Amicus Committee filed an amicus brief with the Second Circuit arguing that the Board’s decision in Matter of Lanferman, which discussed when a criminal statute is divisible, is arbitrary and capricious and should be overturned.
ASISTA Seeks Information on U Visa Clients' Experiences with EOIR
ASISTA survey seeking information on U visa clients' experiences with EOIR and ICE. EOIR requested this information to help safeguard the rights of and improve the process for U visa clients and derivatives with prior EOIR-issued removal orders.
TRAC Report on Increase in Deportations as Orders Fall
Transaction Records Access Clearinghouse (TRAC) report showing that 39,426 people were deported during May 2012. Nearly one in three- or 11,735- were removed from the country under the ‘expedited removal’ authority which allows ICE to bypass the immigration courts.
CA5 Finds Petitioner Is Not Eligible for TPS
The court held that the petitioner failed to meet the physical presence and residence requirements for TPS, rejecting the argument that he is eligible for TPS because his parents meet each of the eligibility requirements. (Castillo-Enriquez v. Holder, 8/10/12)
CA9 Denies Cancellation Citing Supreme Court Ruling on Imputation
The court previously had held the petitioner could impute her father’s legal status to herself to satisfy §240A(a), but reversed its decision & denied cancellation following the Supreme Court’s decision in Holder v. Martinez Gutierrez. (Mojica v. Holder, 8/10/12)
IJ Grants El Salvadoran Asylum Case Based on Religious Persecution
In an unpublished decision, the IJ granted asylum and held that the respondent showed a well-founded fear of persecution if he were to return to El Salvador and continue to proselytize and speak out against gangs as part of his religious practice. Courtesy of Ronald Pabis.
CA9 Finds No Jurisdiction to Review Denial of MTR for Prosecutorial Discretion
The court ruled that it lacked jurisdiction to review Petitioners’ contention that the agency abused its discretion in denying a motion to reopen to seek prosecutorial discretion. (Vilchiz-Soto v. Holder, 8/9/12)
New Jersey District Court on “When Released” Language in §236(c)
NJ district court found that the petitioner, who was detained by DHS 5 years after release from criminal custody, is entitled to a bond hearing and noted many courts have held that the “when released” language is unambiguous. Courtesy of Paul Grotas. (Dimanche v. Tay-Taylor, 8/9/12)
CA2 Finds Jurisdiction in Detention-Related FTCA Case
The court reversed the district court, finding jurisdiction over the plaintiff’s Federal Tort Claims Act (FTCA) claims related to his immigration detention because there is “private analogue” in state law. (Liranzo v. U.S., 8/9/12)
NSC Liaison Q&As from Refugee/Asylee Product Line Teleconference (8/9/12)
The NSC Liaison Committee unofficial Q&As from AILA and other stakeholders from the 8/9/12 teleconference with the NSC on the refugee/asylee produce line.
CA9 Reverses Injunction on AZ SB 1070 “Show Me Your Papers” Provision, Remands to District Court
In accordance with the Supreme Court’s decision in Arizona v. U.S., the court reversed the district court’s grant of a preliminary injunction on Arizona SB 1070 Section 2(B), and affirmed the enjoinder of Sections 3, 5(C), and 6. (U.S. v. Arizona, 8/8/12)
White House Report on Obama Agenda and the Hispanic Community
August 2012 White House report on what the policies and programs of the Obama Administration have meant for Hispanic Americans throughout the first three and a half years, including sections on comprehensive immigration reform, the DREAM Act, deferred action and more.
AILA Consumer Advisory: Deferred Action for Certain Young Immigrants: Don’t Get Scammed!
AILA adds Spanish language advisory following the 8/3/12 USCIS release of updated DACA FAQs. This document cautions those who will apply for deferred action to wait until 8/15/12 as well as listing detailed eligibility criteria as outlined by USCIS.
CA6 on Discretion to Waive Multiple Misrepresentations
In a case involving two misrepresentations, the court granted the petition, rejecting the argument that INA §237(a)(1)(H) only permits waiver of the misrepresentation the alien makes at the time of his otherwise lawful admission. (Avila-Anguiano v. Holder, 8/7/12)
ICE Directive on Employee Code of Conduct
ICE directive dated 8/7/12 setting forth general standards of conduct for ICE employees, including information on loyalty, honesty, courtesy, professionalism, and ethical standards; proper use of government property, including information; and prohibitions on misconduct.
CA2 Remands Vartelas Ineffective Assistance Claim to BIA
Recognizing that the Supreme Court’s decision required it to conclude that Petitioner was prejudiced by his attorneys’ failure to argue retroactivity, the court remanded for a determination as to the quality of his attorneys’ performance. (Vartelas v. Holder, 8/6/12)
CA8 Remands, Finds BIA Applied Wrong Standard of Review
The court found that the BIA did not err in concluding that Petitioner committed a “violent or dangerous crime” under 8 CFR §1212.7(d), but that it engaged in improper fact finding and failed to review the IJ’s findings for clear error. (Waldron v. Holder, 8/6/12)
CA8 Upholds Denial of Asylum for Witness in Israeli Murder Trial
The court found that Petitioner failed to establish that the government condoned the harassment directed toward Petitioner by private parties, or that it was helpless to protect against it. (Salman v. Holder, 8/6/12)
New Jersey District Court Orders Bond Hearing
The NJ district court held that the petitioner, who was detained by DHS over two years after his release from criminal custody, is entitled to a bond hearing under the plain meaning of INA §236(c) . Courtesy of Paul Grotas. (Munoz v. Tay-Taylor, 8/6/12)
CA10 Upholds Denial of Asylum Based on Fear of MS-13
In a nonprecedential decision, the court found that although evidence suggests that gang violence exists in El Salvador, Petitioner failed to prove that she would be singled out and persecuted due to her uncles’ military service and anti-gang activities. (Campos-Perez v. Holder, 8/6/12)
USCIS Brochure on How to Request Deferred Action for Childhood Arrivals
USCIS 8/3/12 brochure on how to request consideration of deferred action for childhood arrivals, including information on eligibility criteria, supporting evidence, request procedures, fees, confidentiality, and more.
USCIS Performance Data Statistics on Various Form Types
USCIS performance data providing the total number of receipts and approvals, by quarter, for many applications and petition form types submitted to USCIS for adjudication from October 2011 to June 2012.
BIA on Evidence of Hardship to Child for Cancellation of Removal
The BIA held that a cancellation applicant need not provide evidence of the child’s care and support upon the alien’s removal if the child will remain in the U.S. with the other parent, even if undocumented. Matter of Calderon-Hernandez, 25 I&N Dec. 885 (BIA 2012)