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
Immigration Law Advisor, October 2011 (Vol. 5, No. 9)
Immigration Law Advisor with an article on asylum for children of victims of coercive population control policies, a tribute to Board Member Lauri Filppu, circuit court decisions for September 2011, update on Silva-Trevino, recent BIA precedent decisions, and a regulatory update.
Mexican National Passes Away While in ICE Custody
ICE press release announcing that Pablo Gracida-Conte, a Mexican man who was being detained at the Eloy Detention Facility, passed away at the Univ. of AZ Medical Center where he was taken for medical stabilization after complaining of shortness of breath and dizziness.
EOIR Proposed Rule on Forwarding of Asylum Applications to DOS
DOJ EOIR notice and 60-day comment period on a proposed rule that would amend its current regulations to provide for the sending of asylum applications to DOS on a discretionary basis. Comments are due by 12/30/11. (76 FR 67099, 10/31/11)
CA8 Rejects Fourth Amendment Argument, Finds No “Egregious” Violation
The court found that where local officers entered a restaurant without a warrant after acting on a tip that a liquor ordinance was being violated, there was no egregious Fourth Amendment violation warranting suppression. (Garcia-Torres v. Holder, 10/28/11)
CA4 Says Physical Presence at the Border Is Not a Necessary Condition for Smuggling
The court upheld the IJ’s finding that Petitioners lacked good moral character for purposes of NACARA where they violated INA §212(a)(6)(E) by sending money to their children to assist them in entering the U.S. illegally. (Ramos v. Holder, 10/27/11)
USCIS Response to the CIS Ombudsman Recommendation on Deferred Action Processing
A 10/27/11 memorandum from USCIS Director Alejandro Mayorkas to CIS Ombudsman January Contreras, responding to the Ombudsman’s recommendations for improving transparency and consistency in the agency’s processing of deferred action requests.
CA3 on the Meaning of “Has Committed” under the Stop-Time Rule
The court found that “has committed” in INA §240A(d)(1)(B) means the stop-time rule is triggered by conduct occurring on a particular date, or conduct that runs up to the date when the seventh year of residency ends. (Santos-Reyes v. Att’y Gen. of the U.S., 10/26/11)
CA11 Says 5-Year Limitation under INA §246 Does Not Apply to Removal Proceedings
The court found that INA §246, limiting rescission of an erroneously granted adjustment of status to the five year period after adjustment is granted, applies only to rescission and not to the initiation of removal proceedings. (Alhuay v. U.S. Att’y Gen., 10/26/11)
DHS Secretary Testimony before House on DHS Programs of Interest
DHS Secretary Napolitano’s 10/26/11 testimony before the House Judiciary Committee, including updates on worksite enforcement, E-Verify, Secure Communities, prosecutorial discretion, border security, and human trafficking and human smuggling investigations.
CA9 Affirms Dismissal of District Court Action in Reinstatement Case
The court upheld the finding that Duran Gonzales II applies retroactively and that Plaintiffs are ineligible for I-212 waivers, and affirmed the denial of Plaintiff’s motion to amend the class and file an amended complaint. (Duran Gonzales v. DHS, 10/25/11)
CA7 Finds Counsel Erred in Conceding to JRAD’s Invalidity
The court found that the JRAD was valid because although it was entered outside the 30-day post-sentencing window, the judge timely announced her intent to consider a JRAD and continued the case for that purpose. (Solis-Chavez v. Holder, 10/25/11)
CA1 Upholds Denial of Roma Asylum Claim Based on Inconsistent Testimony
The court found although the mistreatment described by Petitioner was plausible, and the tensions in his testimony could be resolved either way, the IJ’s unwillingness to accept the key testimony had some basis in the record. (Stanciu v. Holder, 10/25/11)
AILA/USCIS Field Operations Liaison Q&As (10/25/11)
Official minutes of the 10/25/11, AILA liaison meeting with USCIS Field Operations. Topics include AOS for IRs under VWP, I-551 stamps, I-751s, I-829s, biometrics and fingerprinting, removal proceedings, I-131s, MTRs, 204(l), AR-11s, I-601s, and more.
CA9 Dismisses Petition; Discusses Exhaustion of Administrative Remedies
The court found that Petitioner did not exhaust his administrative remedies in challenging the IJ’s ruling that he committed a particularly serious crime where his arguments to the BIA centered on whether he had a well-founded fear. (Ardsi v. Holder, 10/24/11)
ICE Memo on Enforcement Actions At or Focused on Sensitive Locations
ICE policy memo 10029.2 dated 10/24/11 on ICE policies regarding certain enforcement actions by ICE officers and agents at or focused on sensitive locations such as schools and churches.
BIA Reverses Adverse Credibility in Sexual Orientation Withholding/CAT Claim from Mexico
The BIA reversed the IJ’s adverse credibility finding, holding that the respondent’s mistreatment constitutes past persecution on account of a protected ground, and sustained the appeal for withholding of removal and CAT. Courtesy of Edgardo Quintanilla.
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.