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 Outside the Record in Aggravated Felony Case
The BIA held the petitioner could present evidence outside the record of conviction to show that a conviction was not an aggravated felony because it involved a small amount of drugs for no remuneration. Matter of Castro Rodriguez, 25 I&N Dec. 698 (BIA 2012)
CA9 Remands 212(c) Case Due to Judulang v. Holder
The court found that the petitioner’s conviction was not a juvenile adjudication because he was charged as an adult, but remanded the case to the BIA to determine whether he was eligible for a 212(c) waiver in light of Judulang. (Rangel-Zuazo v. Holder, 2/13/12)
Yale Law School Files Class Action Challenging Detainers
Class action lawsuit filed by Yale Law School’s Worker and Immigrant Rights Advocacy Clinic, challenging the use of immigration detainers in Connecticut. (Brizuela v. Feliciano, 2/13/12)
CA9 on Continuous Physical Presence Requirement
The court found that the petitioner was not eligible for cancellation of removal because he had been subject to a “formal, documented process” sufficient to break continuous physical presence. (Gomez Zarate v. Holder, 2/9/12)
Sign-On Letter to Secretary Napolitano Expressing Concerns on Prosecutorial Discretion
On 2/9/12, AILA joined immigrants’ rights organizations in requesting that DHS Secretary Napolitano make changes to implement an effective and fair prosecutorial discretion policy.
CA9 Finds Petitioner Suffered Past Persecution as an Infant
The court found that the petitioner suffered past persecution as an infant in Guatemala where his indigenous family suffered severe persecution, and where the petitioner suffered deprivations directly attributable to the persecution. (Mendoza-Pablo v. Holder, 2/7/12)
District Court Orders Disclosure of DOJ Emails
The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending. (NIP-NLG v. DHS, 2/7/12)
ICE Announces Creation of Public Advocate Position
ICE press release announcing Andrew Lorenzen-Strait as first-ever Public Advocate for ICE where he will help individuals in addressing complaints, inform stakeholders on ERO policies, facilitate communication, and advise ICE leadership on stakeholder findings.
CA9 on Prosecutorial Discretion in Rehearing Cases
The court issued five published decisions on 2/6/12, each one ordering the government to advise the court whether it intended to exercise prosecutorial discretion in the case. (San Agustin v. Holder, 2/6/12, and others)
CA7 on Particular Social Group in Albanian Asylum Case
The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group. (Cece v. Holder, 2/6/12)
AILA New Members Division Newsletter, February 2012 (Vol. 4, Issue 2)
In this issue, read about AILA resources that can help you win your case, navigating the Adam Walsh minefield, easy tips to improve your practice for the new year, and more!
EOIR Issues Memo on Select Applications for Suspension/Cancellation
A 2/3/12 memo (OPPM 12-01) from Brian M. O’Leary, Chief Immigration Judge, providing guidance on procedures for handling applications for suspension of deportation/cancellation of removal once numbers are no longer available in a fiscal year. This memo replaces OPPM 11-01.
EOIR Issues Memo on DHS Exercise of Prosecutorial Discretion
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo from David L. Neal to Board Legal Staff on how the Board will respond to cases in which prosecutorial discretion is exercised. Special thanks to Matthew Hoppock.
Board Offers New Standard for Admin Closure and Highlights the Importance of Decisional Independence
AILA Amicus Committee alert on Matter of Avetisyan, where the Board agreed that the Immigration Judge had the authority exercise prosecutorial discretion and administratively close proceedings over the DHS counsel’s objection, and supported the IJ’s decision.
Immigration Law Advisor, January 2012 (Vol. 6, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Ninth Circuit and bond hearings after final administrative orders of removal, circuit court decisions for December 2011, calendar year 2011 totals, recent BIA precedent decisions, and a regulatory update.
DOJ OIL January 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2012 Litigation Bulletin where Third Circuit ruled that ineffective assistance of counsel claim does not extend to visa petition process and other issues related to key adjustment of status and asylum decisions.
CA4 on Drug Conviction and Naturalization
The court affirmed a district court decision denying the plaintiff’s application for naturalization, holding his 2002 drug conviction, which was subsequently set aside on rehabilitative grounds, remains unchanged for immigration purposes. (Phan v. Holder, 2/1/12).
BIA on Marriage Between Postoperative Transsexual and Member of Opposite Sex
In an unpublished decision, the BIA held that the marriage between a postoperative transsexual, who was unable to change the gender on her Thai birth certificate, and a person of the opposite sex could be the basis for immigration benefits. Courtesy of Elaine Witty.
CA7 on Withholding of Removal and China’s “One-Child” Policy
The court found that the petitioner did not prove that it was more likely than not she would be persecuted because of her opposition to China’s “one child” policy if she returns to China. (Zheng v. Holder, 1/31/12)
CA7 Reverses Harboring Conviction
The court found that no trier of fact could reasonably find that the defendant had “harbored” her boyfriend based on the stipulated facts, noting that harboring was not the same as merely providing a place to stay. (U.S. v. Costello, 1/31/12)
CA1 Denies Salvadoran Asylum Claim
The court found the petitioner did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered at the hands of FMLN guerillas in El Salvador. (Guerrero v. Holder, 1/31/12)
CA1 Denies Guatemalan Social Group Withholding Claim
The court found the Guatemalan petitioner did not show a connection between her feared harm and her membership in either of two social groups: single women perceived to have substantial economic resources or former children of war. (Arevalo-Giron v. Holder, 1/31/12)
BIA Holds IJs Can Grant Opposed Motion for Administrative Closure
The BIA held that immigration judges and the Board may administratively close removal proceedings, even if a party opposes, if it is otherwise appropriate under the circumstances, overruling Matter of Gutierrez. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012)
Prosecutorial Discretion Implementation: Synthesis of AILA Chapter Reports
A compilation of reports on DHS’s implementation of prosecutorial discretion nationwide from AILA local liaison meetings, individual conversations with government officials, and AILA chapter observations.
CA4 Rejects Matter of Silva-Trevino
The court rejected the framework established in Matter of Silva-Trevino for determining whether a conviction constituted a CIMT, noting that the moral turpitude statute is neither ambiguous nor silent. (Prudencio v. Holder, 1/30/12).