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 October 2011 Newsletter
The DHS Office of Civil Rights and Civil Liberties (CRCL) October 2011 newsletter includes a guest message about the Blue Campaign, information and a reflection about the expansion of CRCL community engagements in 2011, the release of its 2010 annual report, and more.
CRS Report on Interior Immigration Enforcement
A 10/21/11 Congressional Research Service (CRS) report on DHS's interior immigration enforcement, including the Criminal Alien Program, Secure Communities, the 287(g) program, and the National Fugitive Operations Program.
CA3 Remands for BIA to Consider Change in Power in Guinea
Declining to take judicial notice of the change in power in Guinea, the court remanded the case to the BIA to consider the possible effect of the change in government on Petitioner’s claims for relief. (Nbaye v. Att’y Gen. of the U.S., 10/20/11)
DHS Presentation on Improving Docket Efficiency and the Roles of USCIS, ICE, and EOIR
A DHS PowerPoint presentation covering issues related to EOIR docket efficiency, and attempts to resolve the problems of high-volume caseloads through inter-agency partnerships. Presented at the 2011 CIS Ombudsman’s First Annual Conference.
PowerPoint Presentations from Ombudsman’s Office First Annual Conference
PowerPoint presentations from the 10/20/11 First Annual Conference of the Ombudsman's Office. Invitation and agenda are also included.
Challenges and Practice Tips on Waivers of Inadmissibility
A PowerPoint presentation describing current standards and processes for the adjudication of waivers of inadmissibility, including the legal requirements, as well as challenges and tips for practitioners. Presented at the 2011 CIS Ombudsman’s First Annual Conference.
DHS Secretary Testimony Before Senate on DHS Mission and Programs
DHS Secretary Napolitano’s 10/19/11 testimony before the Senate Judiciary Committee, including updates on anti-terrorism efforts, Secure Communities, prosecutorial discretion, worksite enforcement, E-Verify, border security, and visa overstay identification.
BIA on Burden of Proof and Returning LPRs
The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies. Matter of Rivens, 25 I&N Dec. 623 (BIA 2011)
AILA Files Amicus Brief in Domestic Violence/Social Group Asylum Case
AILA amicus brief arguing that domestic violence may be persecution perpetrated because of a woman's gender, an immutable characteristic that can define a particular social group. Amicus urges the Board to issue a decision recognizing a PSG defined based on gender per se.
AAO Sustains I-601 Appeal for Chinese Spouse of USC
AAO concluded that the cumulative effect of the emotional, psychological, medical, and financial hardships that the applicant’s USC husband would suffer without his wife in the U.S. rose to the level of extreme. Courtesy of Alan Lee.
ICE Deportations Show Need to Better Implement Priorities
The announcement from ICE indicating FY2011 deportation statistics underscores the need for prosecutorial discretion to be utilized on a wider scale. AILA President Eleanor Pelta issues her comments.
ICE Releases Year-End FY2011 Removal Numbers
ICE news release announcing that in FY2011, the agency removed 396,906 individuals. Of the total, nearly 55 percent of those removed were convicted of felonies or misdemeanors. According to the announcement, 90 percent of all ICE’s removals fell into a priority category.
CA10 on “Illegal Re-entry” for Purposes of Reinstatement of Removal
The court held that where Petitioner was waived through at the border one month after her removal from the U.S., she “re-enter[ed] the United States illegally” for purposes of reinstatement of removal under INA §241(a)(5). (Cordova-Soto v. Holder, 10/17/11)
Frontline Presents Lost in Detention on PBS
Frontline’s presentation of Lost in Detention, an investigative report that examines controversial aspects of the Obama administration’s enforcement policies, and explores the world of immigration detention, which aired on 10/18/11, on PBS.
BIA Remands Mali FGM Asylum Claim
The BIA found exceptional circumstances to permit respondent’s late-filed asylum application, reversed the IJ’s finding that DHS rebutted the well-founded fear presumption, and found that the IJ failed to follow Matter of A-T-. Courtesy of Geoffrey A. Hoffman.
District Court Says USCIS Must Act on FOIA Requests in 20 Days, Absent Unusual Circumstances
The court granted partial summary judgment, ordering USCIS to respond to A file requests in 20 days absent unusual circumstances, and that Track 3 violates a 1992 settlement agreement and was promulgated in violation of the APA and FOIA. (Hajro v. USCIS, 10/13/11)
CA8 Finds BIA Disregarded St. Cyr, Directs AG to Exercise §212(c) Discretion
The court held that the BIA erred in declaring it was free to apply the statutory counterpart rule as it evolved post-212(c) repeal, rather than analyzing retroactive effect in light of the legal landscape at the time of 212(c)’s repeal. (Lovan v. Holder, 10/13/11)
BIA Deems NY Third-Degree Attempted Arson an Aggravated Felony
The BIA held that third degree attempted arson in violation of NY Pen. Law §§110 and 150.10 is an aggravated felony under INA §101(a)(43)(E)(i), even though it lacks the jurisdictional element in the federal offense. Matter of Bautista, 25 I&N Dec. 616 (BIA 2011)
CA11 Rejects Silva-Trevino Analysis for Determining CIMTs
The court held that the BIA and the IJ erred in considering evidence beyond the record of conviction to determine that Petitioner’s conviction for false imprisonment under Florida law was a crime involving moral turpitude. (Fajardo v. U.S. Att’y Gen., 10/12/11)
BIA Remands After Finding Respondent May Be Eligible to Pursue Adjustment of Status
The BIA vacated earlier decisions and remanded after finding that if the respondent is able to establish that the abuser is the citizen who petitioned for his K-1 visa, he may be eligible to pursue adjustment of status. Courtesy of Barry Frager. (Matter of Redacted, 10/12/11)
CA9 on Impact of Weekends and Holidays on Voluntary Departure (Updated 1/23/2012)
The court held that where voluntary departure expires on a weekend or holiday, and a motion that would affect voluntary departure is filed the next business day, voluntary departure expires on the next business day. (Meza-Vallejos v. Holder, 10/11/11; amended 1/20/12)
ICE Announces the Passing of a Detained El Salvadoran National
ICE news release announcing that Mauro Antonio Rivera-Romero, an El Salvadoran man who was being held at the El Paso Processing Center pending removal proceedings, passed away after going into cardiac arrest. He is the second individual to pass away in ICE custody in FY2012.
CA8 Finds No Due Diligence or Prejudice in Ineffective Assistance Claim
The court upheld the denial of Petitioner’s MTR for adjustment where she filed the motion 3 years after discovering counsel’s ineffectiveness, and noted that there was no prejudice because she was not previously eligible for adjustment. (Valencia v. Holder, 10/7/11)
AILA/AIC Prosecutorial Discretion Survey: Preliminary Results
Preliminary results, as of 9/28/11, of the AILA/AIC survey on ICE implementation of the recently announced prosecutorial discretion initiatives. As of the date of the report, 192 people completed the survey, providing information on 26 out of 28 ICE field offices.
CA8 Upholds Denial of Nigerian Christian Asylum Claim
The court found that Petitioner suffered little physical harm at the hands of Muslim gangs, that his family continued to practice their religion without incident, and that there was no evidence that the government condoned the harassment. (Osuji v. Holder, 10/5/11)