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, May 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) May 2012 newsletter with information on Secure Communities, Asian-Pacific American Heritage month and more.
Supreme Court Says Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility
The Court upheld the BIA’s interpretation of the criteria for cancellation of removal, holding that a noncitizen living in the U.S. as a child cannot count his parent’s years of residence or time as a LPR to satisfy §240A(a). (Holder v. Martinez Gutierrez, 5/21/12)
CA7 on Tolling of 90-Day Period for Filing a Motion to Reopen
The court held that a motion to reopen must be filed within 90 days of the BIA’s initial dismissal of an appeal, regardless of whether a motion to reconsider is pending. (Sarmiento v. Holder, 5/21/12)
Administration Misses Opportunity to Protect Immigrants Held in Detention
New regulations issued by DOJ exclude immigrants in DHS facilities from the Prison Rape Elimination Act (PREA). AILA believes this was a missed opportunity to protect the estimated 400,000 individuals held in immigration detention facilities each year.
CA11 Finds It Lacks Jurisdiction to Review Battered-Spouse Determination
The court found that it lacked jurisdiction to review whether the petitioner was “battered or subjected to extreme cruelty” for the purposes of §240A(b)(2), holding that it is a discretionary determination. (Bedoya-Melendez v. U.S. Att’y Gen., 5/17/12)
Presidential Memo on Prison Rape Elimination Act
Presidential memorandum expressing Obama Administration's conclusion that PREA applies to all Federal confinement facilities, including those operated by executive departments and agencies other than DOJ, whether administered by Federal Government or a private organization.
DOJ Press Release on Prison Rape Elimination Act
DOJ press release on the release a final rule to prevent, detect and respond to sexual abuse in confinement facilities, in accordance with the Prison Rape Elimination Act of 2003 (PREA), but which excludes over 400,000 immigrants in DHS facilities from protection.
IJ Grants Asylum to Liberian Woman Captured During War
In an unpublished decision, the immigration judge held that the respondent demonstrated that she suffered past persecution in Liberia on account of her membership in the particular social group of Liberian women who were captured during the war and used as sex slaves.
White House Domestic Policy Council Director’s Speech at Brookings
White House speech transcript of 5/15/12 speech from Domestic Policy Council Director Cecilia Munoz at The Hamilton Project at Brookings Institution where she talked about DREAM Act, immigrant entrepreneurs, stateside waivers and many other important immigration issues.
BIA Finds Jurisdiction Over Appeal By Unlawfully Removed Respondent
The BIA held that it has jurisdiction to review the appeal of an alien who was unlawfully removed in violation of 8 C.F.R. § 1003.6(a), but concluded the respondent’s accomplice conviction rendered him removable. Matter of Diaz-Garcia, 25 I&N Dec. 794 (BIA 2012)
CA2 on Embezzlement By a Bank Employee
The court rejected the BIA’s conclusion that the conviction for embezzlement by a bank employee was an aggravated felony, noting that the facts the petitioner pled to did not indicate whether he acted with intent to defraud. (Akinsade v. Holder, 5/1/12, amended 5/11/12)
ICE Directive on Sexual Abuse and Assault Prevention and Intervention
ICE directive on sexual abuse and assault prevention and intervention, dated 5/11/12. The directive covers procedures for preventing sexual abuse of persons in ICE custody, timely notification of allegations, response and intervention, and monitoring incidents.
Minutes from NBC Meeting with AILA (5/11/12)
Meeting minutes from the AILA NBC Liaison Committee 5/11/12 meeting with NBC, including information on new NBC initiatives, an updated organizational chart, EADs in cases administratively closed under prosecutorial discretion, I-485s, AWA, change of address, and more.
CA1 Finds Malicious Destruction of Property Is a CIMT
The court upheld the BIA’s conclusion that malicious destruction of property under Massachusetts law qualifies as a crime involving moral turpitude and that as a result, the petitioner was ineligible for cancellation of removal. (Palmeira v. Holder, 5/10/12)
BIA Remands I-130 Appeals in Same-sex Marriage Cases
In four unpublished decisions, the BIA remanded I-130 appeals brought by same-sex couples for USCIS to clarify whether the marriages were valid under state law and whether the beneficiary would be considered a "spouse" under the INA, absent DOMA. Courtesy of Masliah & Soloway.
CA5 Finds Padilla Cannot Be Applied Retroactively
The court reversed the district court’s ruling, held that Padilla, announced a new constitutional rule of criminal procedure and thus does not apply retroactively, and noted that the issue is pending before the Supreme Court. (United States v. Amer, 5/9/12)
CA10 on Jurisdiction to Review Citizenship Claim
The court held that it had jurisdiction to review whether the petitioner – who was brought to the U.S. as a baby by her adoptive USC mother - was a citizen, and determined that she was too old to qualify under the CCA for citizenship. (Shepherd v. Holder, 5/8/12)
BIA Finds Respondent Eligible for Derivative Asylum
The BIA held that the respondent, who is unmarried and turned 21 while her mother’s asylum application was pending, continues to be classified as a “child” for purposes of qualifying for derivative asylum. Matter of A-Y-M-, 25 I&N Dec. 791 (BIA 2012)
TRAC Report on Decrease in Criminal Charges in Deportation Proceedings
TRAC report outlining that ICE is identifying fewer individuals as deportable owing to alleged criminal activity. During the most recent quarter from January-March 2012, ICE deported 5,450 individuals on criminal grounds.
CA8 Declines to Reopen Cancellation Case
The court found that the BIA did not abuse its discretion when it refused to reopen the petitioner’s removal proceedings based on new evidence regarding his son’s developmental delay. (Camarillo-Jose v. Holder, 5/7/12)
AILA Urges Supreme Court to Revise Nken v. Holder Opinion
Letter from AILA to the Supreme Court, requesting that the Court remove the portions of its opinion in Nken v. Holder that rely on inaccurate representations from DHS on its policies for facilitating the return of removed noncitizens who prevail on judicial review.
Internal ICE E-mails Reveal Plans to Boost Deportations
ICE e-mails from 2012, obtained by the ACLU of NC, reveal tactics for increasing deportations, such as trolling state driver's license records for foreign-born applicants and dispatching ICE agents to traffic checkpoints, which could target individuals with minor offenses.
CA9 Applies Collateral Estoppel in Nigerian CAT Claim
The court held that collateral estoppel bound the BIA to the findings that led to the petitioner’s first grant of CAT deferral, and concluded that the BIA erred in denying a motion to reopen to introduce new evidence. (Oyeniran v. Holder, 3/6/12; amended 5/3/12)
AILA Comments on ACUS Immigration Removal Adjudications Report
AILA comments on the Administrative Conference of the United States’ draft report and recommendations on potential improvements to immigration removal adjudication in EOIR.
CA8 on 212(h) Waiver Eligibility
The court upheld the BIA’s conclusion that the petitioner was ineligible for a 212(h) waiver because his conviction for possession of drug paraphernalia in a vehicle is not “a single offense of simple possession of … marijuana.” (Popescu-Mateffy v. Holder, 5/2/12)