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
VOICE: September/October 2011
AILA kicks off the fall season with a new issue of VOICE: An Immigration Dialogue! Be sure to check out articles on the U.S. Military’s Selective Service requirement, the long wait for immigrant visas, our new “Pass the Mic” and “Poetic Justice” columns, and more!
CA7 Dismisses Petition for Review of U Visa Denial for Lack of Jurisdiction
The court found no jurisdiction to review the denial of Petitioner’s I-192 waiver as an ancillary decision made outside removal proceedings, and reaffirmed its prior holding that it lacked jurisdiction to review a U visa denial. (Torres-Tristan v. Holder, 9/1/11)
CA9 Finds Jurisdiction to Review Denial of Relief Despite BIA Remand on Collateral Issue
The court found jurisdiction to review the BIA’s denial of relief where the BIA remands under 8 CFR §1003.1(d)(6) for completion of background checks that are required before alternative relief may be granted. (Li v. Holder, 9/1/11)
CA3 Says INA §236(c) Only Authorizes Detention for a Reasonable Time
The court held that INA §236(c) authorizes detention only for a reasonable period of time at which point the Fifth Amendment Due Process Clause requires the government to show that continued detention is required to further the statute’s purpose. (Diop v. ICE, 9/1/11)
Immigration Law Advisor, August 2011 (Vol. 5, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on subpoenas in Immigration Court, circuit court decisions for July 2011, and recent BIA precedent decisions.
DOJ OIL August 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) August 2011 Litigation Bulletin provides a summary of recent Federal court decisions, an update on pending cases and issues, discussions on Delgado v. Holder and Prestol-Espinal v. Attorney General, and more.
Attorney and Client Found Guilty in Immigration Fraud Case
ICE news release announcing that Michael Choi, an attorney who is a naturalized citizen from Korea, and his client were convicted of conspiring to violate federal immigration laws. Choi was also convicted of making false statements to the government and tax evasion.
CA9 Finds California 2nd Degree Burglary Is Not an Aggravated Felony or CIMT
The court held that 2nd-degree burglary under Cal. Penal Code §459 is not categorically an aggravated felony and that the BIA misread 9th Cir. case law in concluding that it categorically qualifies as a CIMT. (Hernandez-Cruz v. Holder, 7/8/11; amended 8/31/11)
CA11 Upholds Adverse Credibility Determination in Venezuelan Asylum Case
The court upheld the adverse credibility finding where Petitioner claimed to be present at a rally where his mother was killed but presented no evidence that he was politically active, at the rally, or detained and beaten after. (Carrizo v. U.S. Att’y Gen., 8/31/11)
CA8 Applies “Strong Presumption” of Service; Upholds In Absentia Order
In a case governed by the IIRIRA transitional rules, the court found that Petitioners failed to rebut the “strong presumption” of service where notice of proceedings was sent via certified mail and the record contained proof of delivery. (Patel v. Holder, 8/31/11)
ICE FAQs on the Prioritization of Enforcement Efforts
ICE FAQs on the Administration’s August 18, 2011 announcement regarding a new process to ensure that immigration enforcement resources are focused on high priority cases.
ICE Announces Fines and Probation in Worksite Enforcement Investigation
ICE press release announcing that Eurofresh, Inc., a large tomato producer in southern Arizona, was fined $600,000 and put on probation for a period of five years for knowingly hiring and continuing to employ unauthorized workers at the company between 2000 and 2006.
CA7 Finds IJ’s Interpretation of Precedent Overly-Broad in Vacating Adverse Credibility Assessment
The court found that the IJ erred in basing his negative credibility assessment on Petitioner’s submission of hospital certificates, which the IJ interpreted as suggesting Petitioner’s abortion was voluntary and not forced as she alleged. (Lin v. Holder, 8/30/11)
CA5 on Simple Possession Waivers under INA §212(h)
The court held that an alien who has been convicted of two offenses of simple possession of 30 grams or less of marijuana is ineligible for a waiver under INA §212(h), even if he previously received a §212(h) waiver for one of the offenses. (Rana v. Holder, 8/30/11)
CA10 Says Padilla Does Not Apply Retroactively
The court found that although Padilla creates a new constitutional duty to inform a non-citizen criminal defendant of the immigration consequences of a plea, it does not apply retroactively to cases on collateral review. (U.S. v. Hong, 8/30/11)
USCIS Q&As Regarding the DED Extension for Liberians
USCIS Q&As on the extension of Deferred Enforced Departure (DED) for qualified Liberians and those individuals without nationality who last habitually resided in Liberia. Topics include eligibility for coverage under the extension, I-765 filing requirements, and more.
CA6 Upholds Voluntary Departure Regulation at 8 CFR §1240.26(i)
The court held that 8 CFR §1240.26(i), which provides for the automatic termination of voluntary departure upon the filing of a petition for review, is valid given the AG’s statutory discretion to grant voluntary departure. (Hachem, et al. v. Holder, 8/29/11)
Delgado, Chevron, and the Changing Nature of Deferential Review of Immigration Decisions
AILA Amicus Committee alert on the Ninth Circuit’s recent decision, Delgado v. Holder holding that attorney generals may classify crimes as particularly serious both through case-by-case adjudication and by regulation for asylum purposes.
CA7 Cites Recent Independence of South Sudan in Remand for Deferral under CAT
The court remanded in light of three undisputed legal errors in the BIA’s analysis, the government’s contention that it does not intend to remove Petitioner to Sudan, and the recent declaration of South Sudan’s independence. (Wani Site v. Holder, 8/26/11)
"No More Immigrant Detention" - Video Presentation by AILA Member Stephen Manning
AILA Member Stephen Manning created a presentation for the 2011 AILA Annual Conference to explain the programs used by the U.S. government to detain and deport immigrants, highlighting the Criminal Alien Program as their primary tool. Watch the video to learn more!
Demystifying the Immigrant Detention System
By Stephen Manning Immigrant detention is a labyrinth; it is a maze of interconnected facilities where the United States government has the power to detain people like cattle. A lost, confused expression crosses our collective face each time we search for a reasoned explanation as to why people are
CA3 Says BIA Erred in Failing to Liberally Construe Pro Se Notice of Appeal
The court held that the BIA erred in dismissing Petitioner’s appeal as moot, and that the Board should have liberally construed the petition which incorrectly identified the IJ’s interlocutory ruling as the subject of appeal. (Higgs v. Att’y Gen. of the U.S., 8/25/11)
CA9 Finds Minor Who Lived in Iran for Six Years Did Not Abandon LPR Status
The court held that when determining whether a minor has abandoned LPR status, the intent of the LPR parents is imputed to the child until the child becomes an adult at which point he may legally demonstrate his individual intent. (Khoshfahm v. Holder, 8/25/11)
CA3 Vacates and Remands LGBT Asylum Case Finding Flawed BIA Analysis
The court remanded an LGBT asylum case, finding that the BIA incorrectly evaluated the petitioner's claim as though it was based on individualized persecution and erred in its analysis of changed country conditions. (Izquierdo v. Att'y Gen. of the U.S. 8/24/11)
CA7 Says Importation of Alien for Prostitution Is Not Categorically an Aggravated Felony
Importation of an alien for prostitution in violation of INA §278 is not categorically an aggravated felony “offense that relates to the owning, controlling, managing or supervising of a prostitution business” under INA §101(a)(43)(K)(i). (Rosario v. Holder, 8/24/11)