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
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)
USCIS Flowchart on Consideration of Deferred Action for Childhood Arrivals
USCIS flowchart providing guidelines for potential applicants to determine if they meet the criteria for requesting Deferred Action for Childhood arrivals. A broad overview of the filing process is also provided.
DHS Press Release on Deferred Action for Childhood Arrivals Process
USCIS press release providing additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15, 2012, implementation date.
NSC Stakeholder Newsletter, August 2012
NSC August 2012 stakeholder newsletter, which includes information on developments on deferred action, asylum EAD clock, expedited case review on I-90 biometric no-shows, and more.
AILA Amicus Committee Seeks Mandatory Detention Cases
The AILA Amicus Committee is seeking compelling habeas or bond cases that involve noncitizens who were detained by ICE some period of time (not immediately) after they were released from state or federal custody on the underlying criminal conviction.
DOJ OIL July 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) July 2012 Litigation Bulletin where the Fifth Circuit ruled that an asylum applicant has a separate claim for relief based on a breach of confidentiality & other issues related to adjustment of status & asylum decisions.
CA9 Strikes Down Asylum Termination Regulations
Quoting The Beatles, “All You Need Is Love,” the court found that under INA §208(c)(2), Congress conferred the authority to terminate asylum exclusively on DOJ (not DHS) and invalidated 8 CFR §§208.24(a) and 1208.24(a) as ultra vires. (Nijjar v. Holder, 8/1/12)
CA7 Rejects Ineffective Assistance Claim Based on Failure to Notify Counsel
The court found that Petitioner failed to comply with Lozada’s notification-to-counsel requirement, rejecting his argument that compliance with the Illinois Attorney Registration and Disciplinary Commission rules was sufficient. (Marinov v. Holder, 8/1/12)
BIA on Adjustment of Status for K-4 Nonimmigrants
The BIA held that a K-4 nonimmigrant, who was over 18 years of age when her K-3 mother married the K petitioner, is ineligible for adjustment of status under INA §245(a) because she cannot qualify as the petitioner’s “stepchild.” (Matter of Akram, 8/1/12)
Appellant’s Brief on Appeal Arguing Jurisdiction in Naturalization Case
Sample appellant’s brief on appeal at the Sixth Circuit arguing that the plaintiff exhausted his administrative remedies where he appeared for an N-336 interview and voluntarily terminated the interview prior to completion. (August 2012). (Direct Appeal from District Court)
Settlement Agreement in Dayo v. Napolitano
On 8/9/12, USCIS entered into a settlement in Dayo, et al. v. Napolitano. The class actions affects individuals in removal proceeds in Los Angeles who renewed their adjustment application in proceedings and were denied employment authorization.
CA8 Finds North Dakota Racketeering Conviction Is an Aggravated Felony
The court rejected the argument that INA §101(a)(43)(J) requires a state racketeering offense to have an interstate or foreign commerce element and found that Petitioner’s North Dakota racketeering conviction was an aggravated felony. (Spacek v. Holder, 7/31/12)
CA6 Upholds Finding that Petitioner Assisted in Torture
The court rejected Petitioner’s due process challenges and upheld the IJ and BIA’s finding that he assisted in the torture of others, noting that he had the requisite knowledge that the torture was to occur or was occurring. (Abdallahi v. Holder, 7/31/12)
Exercise of Prosecutorial Discretion with Respect to LGBT Individuals
A 7/31/12 letter signed by 54 Members of Congress requesting a written policy from Sec. Napolitano of her commitment to direct DHS personnel to consider LGBT family ties as a positive factor for the exercise of prosecutorial discretion and Secretary Napolitano’s letter in response.
ICE Releases Updated Form 71-012, Parole Advisal and Scheduling Notification Form
Updated Form 71-012, used to notify arriving aliens who receive a credible fear finding of the parole review process, including expanded information on documents for ICE to consider when assessing whether to parole an individual from detention.
BIA Finds Utah Aggravated Assault Is Not a Categorical Crime of Violence
In an unpublished decision, the BIA remanded the case to the IJ, finding that Utah Code §76-5-103 is a divisible statute and that a conviction for aggravated assault under this provision is not a categorical crime of violence under 8 USC §16(b). Courtesy of Christopher Keen.
AILA Files Amicus Brief Urging CA8 to Rehear Case on CIMT Analysis
The AILA Amicus Committee filed an amicus brief urging the Eighth Circuit to rehear Bobadilla v. Holder, which upheld the analysis set forth in Silva-Trevino and applied its “realistic probability” analysis.
TRAC Report on Decline of ICE Deportation Filings
Transactional Records Access Clearinghouse (TRAC) report projecting that deportation filings will reach only 212,749 in FY2012 once all late reports are in. This would represent a drop of 10% -- more than 24,000 cases -- from the previous year during FY2011.
CA1 Finds Petitioner Abandoned Asylum Application
The court found that the IJ did not err in denying the petitioner’s last-minute request to continue her hearing and dismissing her asylum application as abandoned, noting that she failed to submit court-ordered documents. (Gomez-Medina v. Holder, 7/27/12)
AILA Files Amicus Brief at Supreme Court on Padilla Retroactivity
The AILA Amicus Committee filed a brief urging the Supreme Court to find that Padilla v. Kentucky may be applied retroactively. The brief describes the immigrants whose lives will be affected profoundly by the Court’s decision.
EOIR Notice on Prosecutorial Discretion
EOIR public notice stating that under the process known as prosecutorial discretion, DHS reviews pending cases to see whether they meet certain criteria for cases that are considered a low enforcement priority & if so, DHS may request "administrative closure" of the case.
BIA Holds K-4 Visa Holder Cannot Adjust Status
The BIA held that the K-4 visa holder could only adjust status based on the I-130 filed by the K visa petitioner, and not on the basis of her own subsequent marriage to a US citizen. Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012)
Secretary Napolitano House Testimony on DHS Oversight
Written testimony of DHS Secretary Janet Napolitano for a 7/19/12 House Committee on the Judiciary hearing titled “Oversight of the Department of Homeland Security” where she discusses immigration-related issues pertaining to DHS.
TRAC Report on Rising Immigration Backlog Wait Times
Transactional Records Access Clearinghouse (TRAC) report from July 2012 which shows that at the end of June 2012, the backlog of cases for immigration courts reached a new all-time high of 314,147 and also provides the average time that these pending cases have been waiting.
Sample Grants of Deferred Action by ICE
Sample grants of deferred action by ICE for individuals who came to the U.S. as children and are in removal proceedings. Please note: These are NOT affirmative deferred action grants by USCIS. USCIS has not yet announced the affirmative application process.