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
CA5 Upholds “Particularity” and “Social Visibility” Requirements in Asylum Case
The court upheld the BIA’s “particularity” and “social visibility” requirements for membership in a particular social group, and found the proposed social group based on resisting gang recruitment did not meet those requirements. (Orellana-Monson v. Holder, 6/25/12)
CA1 on the Meaning of “Conviction” in INA § 237(a)(2)(A)(ii)
The court found that the petitioner was “convicted” of shoplifting for purposes of INA §237(a)(2)(A)(ii), despite the fact that the shoplifting fine was vacated for reasons unrelated to a procedural or substantive error. (Viveiros v. Holder, 6/25/12)
CIS Ombudsman 2012 Annual Report
A 6/25/12 annual report from Citizenship & Immigration Services Acting Ombudsman Debra Rogers calling for agency action on issues including USCIS Service Requests, Employment Authorization Documents (EADs), Deferred Action processing & other major topics.
AILA Files Amicus Brief on Whether Remand Decision Is Final Order
AILA amicus brief filed with the Second Circuit on whether a Board decision that remands to the IJ for background checks pursuant to 8 C.F.R. § 1003.47(h) is a final order from which a petition for review may be filed.
CA1 Remands to BIA Due to Inadequately Reasoned Decision
The court held that the petitioner was not eligible for cancellation because she could not impute her father’s time in the U.S. to her continuous residence, but remanded her asylum claim, finding the BIA’s decision inadequately reasoned. (Aponte v. Holder, 6/21/12)
BIA on Applicability of INA § 101(a)(13)(C)(v) to Respondent Seeking to Adjust Status
The BIA held that an LPR who was granted cancellation in proceedings arising from a drug conviction must prove that conviction does not make him inadmissible when adjusting status in subsequent proceedings. Matter of Fernandez Taveras, 25 I&N Dec. 834 (BIA 2012)
IJ Grants Asylum in Gang Retaliation Case
The IJ found that the asylum applicant demonstrated a well-founded fear of persecution because a Salvadoran gang issued targeted threats to her and her family members due to her late brother’s membership in a rival gang. Courtesy of Jean Han.
DOJ Final Rule on Prison Rape Elimination Act
DOJ final rule on adopting national standards to prevent, detect, and respond to prison rape, pursuant to the Prison Rape Elimination Act of 2003 (PREA). Act does not protection the over 400,000 immigrants currently in DHS detention facilities. Rule effective 8/20/12. (77 FR 37106, 6/20/12)
CA6 Holds Washington Conviction for Felony Flight is CIMT
The court found that the petitioner’s Washington state conviction for felony flight, which stemmed from his attempt to evade a police officer who had signaled him to stop, categorically constituted a crime involving moral turpitude. (Ruiz-Lopez v. Holder, 6/19/12)
CA2 on Adjustment to Full LPR Status for K-1 Visa Holders
The court held that, because the petitioner was originally admitted to the U.S. on a K-1 visa, he cannot adjust his status to that of a full LPR on any basis other than marriage to his original K-1 visa sponsor. (Caraballo-Tavera v. Holder, 6/18/12)
AILA Factsheet on Relief for DREAMers
AILA guide for advocates on deferred action for undocumented youth.
AILA Responds to DHS Deferred Action Announcement
AILA President Laura Lichter responds to the 6/15/12 announcement by the Obama Administration offering Deferred Action to eligible young immigrants.
Transcript of President Obama’s Speech on Deferred Action
White House transcript of 6/15/12 remarks by President Barack Obama on deferred action and that certain young people who were brought to the country as children will be eligible to receive deferred action for a period of two years, subject to renewal.
AILA Praises Deferred Action Announcement
The American Immigration Lawyers Association (AILA) applauds today’s announcement offering Deferred Action to eligible younger immigrants.
DHS Fact Sheet on Immigration Enforcement System Timeline
DHS timeline on initiatives and steps that DHS has taken to transform our immigration enforcement system from April 2009 to June 2012.
DHS Press Release Announces Deferred Action Process for Certain Young People
DHS press release announcing that effective immediately, certain young people who were brought to U.S. as young children, do not present a risk to public safety, and meet other criteria will be considered for relief from removal or from entering into removal proceedings.
DOL Secretary Solis Statement on Deferred Action Process
DOL press release from Secretary of Labor Hilda Solis on the deferred action process for young people and its potential impact on the U.S. workforce.
ICE Memo on the Exercise of Prosecutorial Discretion for Certain Young People
A 6/15/12 ICE memo addressed to all ICE employees concerning the exercise of prosecutorial discretion for certain individuals who entered the U.S. as a child, noting that additional guidance is forthcoming.
DHS FAQs on Deferred Action For Eligible DREAMers
DHS FAQs on the deferred action process for certain young people who were brought to the U.S. as young children, including information on who is eligible to receive deferred action, how the directive will be implemented, eligibility for employment authorization, and more.
DHS Memo on Deferred Action Process for Certain Young People
DHS 6/15/12 memo from Janet Napolitano stating that certain young people who were brought to this country as children lacked the intent to violate the law & specific criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion.
BIA on Qualifying Relatives for Cancellation Applications
The BIA held that the petitioner did not have a qualifying relative under INA § 240A(b)(1)(D), because his son turned 21 after the application was filed, but before the IJ adjudicated the application. Matter of Isidro-Zamorano, 25 I&N Dec. 829 (BIA 2012)
CA7 Holds It Cannot Review BIA Denial of Motion to Reopen Sua Sponte
The court held that the BIA’s decision not to reopen a case sua sponte is an unreviewable discretionary decision, and that Kucana did not disturb prior circuit precedent on denied motions to reopen sua sponte. (Anaya-Aguilar v. Holder, 6/14/12)
CA3 Vacates Decision on Waiver of Rights under Visa Waiver Program
The court vacated its decision holding that the petitioner had not proved she didn’t execute a waiver when she entered the U.S. as a minor pursuant to the VWP, after OIL discovered she had not actually entered under the VWP. (Vera v. Att’y Gen., 6/13/12)
BIA Holds Admission to Northern Mariana Islands Not Admission for 245(a) Purposes
The BIA held that respondent’s admission to the Commonwealth of the Northern Mariana Islands (CNMI) by a CNMI officer before CNMI was included in the definition of the U.S. did not amount to an admission into the U.S. Matter of Valdez, 25 I&N Dec. 824 (BIA 2012)
TRAC Report on Decline in Federal Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) report that shows a 12 percent decrease of prosecutions resulting from ICE referrals and a six percent decrease in prosecutions from CBP investigations.