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
CRCL Newsletter, June 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) June 2012 newsletter with information on Supreme Court’s ruling on Arizona SB 1070 law, CVE joint conference in Canada, LGBT Pride Month and more.
Practice Advisory for Criminal Defenders from the Immigrant Legal Resource Center
This advisory, prepared by the Immigrant Legal Resource Center, a partner organization of the Defending Immigrants Partnership (www.defendingimmigrants.org), outlines defense strategies to preserve a client’s possible eligibility for deferred action.
VOICE: July/August 2012
It’s been a busy summer in terms of immigration news, so catch up on all the latest happenings including features on DNA testing, foreign trusts, and other great expert advice for your practice!
DOJ OIL June 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) June 2012 Litigation Bulletin where Fifth Circuit ruled that “particularity” and “social visibility” criteria for “particular social group” asylum claims are reasonable and entitled to Chevron deference.
Immigration Law Advisor, June 2012 (Vol. 6, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on the difference between “admission” and “admitted” in the INA, as well as circuit court decisions for May 2012, recent BIA precedent decisions, and a regulatory update.
Report on Immigration Offenders in the Federal Justice System
DOJ report from Bureau of Justice Statistics (BJS) entitled “Immigration Offenders In The Federal Justice System, 2010” which presents data on criminal and civil immigration violations handled by the federal justice system over the last decade.
CA9 Denies 212(h) Waiver for Failure to Meet Heightened Hardship Standard
The court upheld the BIA’s denial of a 212(h) waiver, holding that the petitioner committed a “violent or dangerous” crime and that he failed to satisfy the heightened hardship standard required by 8 C.F.R.§ 1212.7(d). (Rivera-Peraza v. Holder, 6/29/12)
BIA Holds Returning LPR Is Applicant for Admission
The BIA held that the LPR respondent could be treated as an applicant for admission if DHS shows by clear and convincing evidence that the respondent attempted to bring an undocumented child into the U.S. Matter of Guzman Martinez, 25 I&N Dec. 845 (BIA 2012)
CA9 Finds Jurisdiction over Denial of Alien Crew Member Asylum Claim
The court found that it had jurisdiction to review the denial of an alien crew member’s “asylum-only” proceeding because it is the functional equivalent of a final order of removal, but denied the petition for review. (Nian v. Holder, 6/28/12)
1999 Congressional Sign On Letter on Guidelines for Use of Prosecutorial Discretion in Removal Proceedings
In 1999 Representatives Smith, Sensenbrenner and others sent a letter to Attorney General Reno and INS Commissioner Meissner expressing concern about “deportations that were unfair and resulted in unjustifiable hardship” and urging them to use discretion in removals.
TRAC Report on Prosecutorial Discretion Updates
Transaction Records Access Clearinghouse (TRAC) report showing that as of 6/28/12, a total of 5,684 cases were closed because of prosecutorial discretion. The largest number of prosecutorial discretion closures was 3,060 for Mexico, representing 2.9 percent of their backlog.
CA9 Finds BIA Erred In Making Factual Determinations
The court found that the Board committed legal error by engaging in prohibited de novo review and by making its own factual determination when it reversed the IJ’s determination that the petitioner was admissible. (Rodriguez v. Holder, 6/27/12)
CA1 Denies Guatemalan Social Group Claim
The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12)
BIA Holds that Accessory After the Fact Qualifies as an Aggravated Felony
The BIA held that the respondent’s conviction for accessory after the fact is an aggravated felony because it is “an offense relating to obstruction of justice.” Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012)
FAQs on Criminal Records for Deferred Action Applicants (Updated 6/27/12)
Prepared by the National Immigration Project (NLG), these FAQs will help you better understand what your criminal record can mean when applying for deferred action. In English and Spanish.
CA6 Holds Pakistani Petitioner Abandoned LPR Status
The court upheld the BIA’s conclusion that the petitioner abandoned her LPR status after travelling to Pakistan for over 180 days and spending the majority of her time as an LPR in Pakistan. (Lateef v. Holder, 6/26/12)
White House Blog on Deferred Action and Asian Americans
White House blog post from President’s Advisory Commission on Asian Americans and Pacific Islanders member May Chen on President Obama’s decision on deferred action and how Asian Americans need to mobilize for greater immigration reforms.
Sign-On Letter Regarding DHS’ Announcement on Deferred Action for Certain Undocumented Youth
AILA sign-on letter with over 70 organizations to DHS Secretary Napolitano commending the new initiative offering deferred action for certain undocumented youth and offering policy and operational recommendations.
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.