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
DOJ OIL March 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) March 2012 Litigation Bulletin where 9th Circuit held that solicitation of prostitution is categorically a CIMT under California law, 3rd Circuit ruled that 4-year detention during pendency of appeals is unreasonable and more.
Immigration Law Advisor, February 2012 (Vol. 6, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on who benefits from the ambiguity in an inconclusive record of conviction, as well as circuit court decisions for January 2012, recent BIA precedent decisions, and a regulatory update.
CA3 on Waiver of Rights Under the Visa Waiver Program
The court held that the petitioner had not rebutted the presumption that she executed a waiver when she entered the U.S. as a minor pursuant to the Visa Waiver Program. (Vera v. Att’y Gen., 3/1/12)
CA9 to Rehear Grafias-Rodriguez En Banc
The court ordered that Garfias-Rodriguez v. Holder, in which the Ninth Circuit held that aliens who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i), be reheard en banc. (Garfias-Rodriguez v. Holder, 3/1/12)
CA8 Upholds Social Visibility/Particularity Inquiries in Asylum Claim
The court denied the petitioner’s gang-based asylum claim, and upheld “social visibility” and “particularity” as requirements for establishing membership in a particular social group. (Gaitan v. Holder, 3/1/12)
VOICE: March/April 2012
Spring into the March/April edition of VOICE! This issue contains great information and helpful tips on hiring the right employees for your firm, I-129 forms, prosecutorial discretion, and more! Plus, watch AILA’s first animated video, “The Impossible Dream.”
1st Things First (March 2012)
March 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.
Plaintiff’s Reply Brief Arguing Jurisdiction in Naturalization Case
Sample plaintiff’s reply brief arguing that the plaintiff exhausted his administrative remedies where he appeared for an N-336 interview and voluntarily terminated the interview prior to completion. (March 2012). (Motion to Dismiss; Rule 12)
CA5 on Ineffective Assistance and Derivative Citizenship
The court found that the appellant’s attorney failed to research the appellant’s derivative citizenship defense before advising him to plead guilty to falsely claiming U.S. citizenship and to an illegal re-entry charge. (U.S. v. Juarez, 2/24/12, revised 2/29/12)
CA9 Finds Violation of California Penal Code § 647(b) is CIMT
The court found that the petitioner’s conviction in California for disorderly conduct involving prostitution was a crime involving moral turpitude (CIMT), and that the petitioner was deportable for having been convicted of two CIMTs. (Rohit v. Holder, 2/29/12)
CA2 Says IJs May Decline to Make Frivolousness Finding
The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a frivolousness finding. (Zheng v. Holder, 2/27/12)
CA2 on Notice and Stop-Time Rule
The court held that the notice requirements of the INA were satisfied by a combination of two notices, and that once sufficient notice is provided, the stop-time rule is triggered notwithstanding any defects in subsequent notices. (Guamanrrigra v. Holder, 2/24/12)
ICE Policy Memo on Facilitating the Return of Certain Removed Aliens
A 2/24/12 policy memo from John Morton describing ICE’s policy for facilitating the return to the United States of certain lawfully removed aliens whose petitions for review are granted by a U.S. Court of Appeals or the U.S. Supreme Court. Courtesy of Maria Baldini-Potermin.
CA2 on False Claims of Citizenship on Form I-9
The court found the petitioner, who argued he had intended to claim nationality, not citizenship, when he checked a box marked “citizen or national” on a Form I-9, failed to meet his burden of proving he did not falsely claim citizenship. (Crocock v. Holder, 2/23/12)
Report on UAC and Representation, Produced for the LOPC by the Vera Institute of Justice
The Vera Institute of Justice provides data on unaccompanied children, including initial hearing locations, hearing locations by admission year, length of time between initial MCH to IJ decision, case outcomes including representation status, and more.
Supreme Court Finds Federal Tax Offenses Qualify as Aggravated Felonies
The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i). (Kawashima v. Holder, 2/21/12)
EOIR FY2011 Statistical Yearbook
The FY2011 Statistical Year Book from EOIR containing statistics on respondents’ cases by nationality, language, and disposition. In addition to the standard information, this year’s book includes pending caseload numbers broken down by immigration court.
AILA Files Amicus Brief on Social Visibility/Particularity Inquiries in Asylum Cases
AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of "particular social group" for asylum purposes, arguing that the "social visibility" or "particularity" tests should not constitute part of the social group inquiry.
AILA Files Amicus Brief on Fugitive Disentitlement Doctrine
An AILA amicus brief urging the U.S. Supreme Court to review the Fifth Circuit’s decision in Bright v. Holder, which addresses whether courts can apply the fugitive disentitlement doctrine to a noncitizen who fails to respond to an ICE order to report for removal.
AILA Chapters File Amicus Brief in Padilla Retroactivity Case
An amicus brief, filed by the AILA South Florida and Central Florida Chapters in the Supreme Court of Florida, arguing that the holding in the Supreme Court case Padilla v. Kentucky applies to all pending and future state postconviction proceedings.
CA9 Finds California Conviction for Making Threats “With Intent to Terrorize” to be CIMT
The court held that a conviction for making threats “with intent to terrorize” in violation of California Penal Code § 422 is a crime involving moral turpitude. (Latter-Singh v. Holder, 2/17/12)
EOIR Notice of Meeting on Recognition and Accreditation
EOIR notice announcing it is considering changes to the regulations governing the recognition of organizations and accreditation of representatives, and will host public meetings on the issue. Registration information for meetings included. (77 FR 9590, 2/17/12)
BIA Remands Humanitarian Asylum Case to IJ
In a case on remand from the Eighth Circuit, the Board found that further fact-finding may be necessary to determine whether the Albanian respondent should be granted humanitarian asylum based on past persecution. Matter of L-S-, 25 I&N Dec. 705 (BIA 2012)
BIA Remands Asylum Case Based on Pro-Democracy Activities in US
In an unpublished decision, the Board remanded to the IJ to determine whether there is a reasonable possibility that the Burmese authorities are aware, or may become aware, of the respondents’ protests with pro-democracy groups in the US. Courtesy of David Cleveland.
CA3 on False Claims to Citizenship
The court found that the petitioner did not make a false claim to U.S. citizenship for purposes of INA §212(a)(6)(C)(ii) when he allegedly told the city police that his place of birth was Puerto Rico. (Castro v. Att’y Gen., 2/14/12)