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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
AILA Joins Amici in Arguing Tax Offense Is Not an Aggravated Felony
AILA brief of amici urging the Ninth Circuit to find that the offense of making a false statement on a tax return in violation of 26 USC §7206 should not be interpreted as an aggravated felony under INA §101(a)(43)(M).
CA6 Says BIA Remand for Voluntary Departure Is a Final Order Subject to Review
The court held that the BIA’s remand to the IJ for the sole purpose of allowing Petitioners to apply for voluntary departure was an administratively final order of removal for purposes of INA §242, subject to the court’s review. (Giraldo v. Holder, 8/12/11)
CA9 Finds Jurisdiction; Says BIA Remand Is a Final Order
The court held that the BIA’s reversal of asylum and remand for voluntary departure proceedings was a final order and that neither Dada v. Mukasey, nor the 2009 voluntary departure regulations undermines the court’s jurisdiction. (Pinto v. Holder, 8/12/11)
Federal Judge Clears Way for Lawsuit Challenging U.S. Government's Immigration Detainers
National Immigrant Justice Center press release announcing that a federal judge in Illinois ruled that a federal lawsuit can proceed which challenges the U.S. government’s use of immigration detainers, a key tool in the Secure Communities enforcement program.
BIA on Obligation of Immigration Officers to Advise on Right to Counsel
The BIA held that where an alien is arrested without a warrant, the obligation to advise of the right to counsel does not attach until proceedings are commenced and any statements made during interrogation may be used against him. Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011)
CA9 Eliminates “Missing Element” Rule in Modified Categorical Approach
The en banc court overruled the court’s prior holding in Navarro-Lopez v. Gonzales, that the modified categorical approach does not apply when the crime of conviction is missing an element of the generic crime. (United States v. Aguila-Montes de Oca, 8/11/11)
CA1 Remands Albanian Asylum Claim to Reconsider Past Persecution
The court remanded the case for the BIA to reconsider evidence of the systematic and serious abuse of Petitioner’s children, which included two kidnappings, three beatings, and an aggravated rape as part of his claim of past persecution. (Precetaj v. Holder, 8/11/11)
CA9 Interprets Reach of SAW Confidentiality Provision
The court held that the SAW confidentiality provision, INA §210(b)(6)(A), applies exclusively to the application and that there is no violation when the challenged information is obtained via questioning at an inspection checkpoint. (Soriano-Vino v. Holder, 8/10/11)
CA9 Overrules Matsuk; Finds Jurisdiction to Review Particularly Serious Crime Determination
The court found jurisdiction to review the decision that a conviction is a particularly serious crime and remanded to the BIA for a clear explanation of its finding that Petitioner’s DUI conviction barred him from relief. (Delgado v. Holder, 8/19/11)
CA10 Says Colorado Felony Menacing Is an Aggravated Felony
The court held a conviction for felony menacing under Colo. Rev. Stat. §18-3-206(a) or (b) necessarily involves the threatened use of physical force and is therefore, an aggravated felony crime of violence under 18 USC §16(a). (Damaso-Mendoza v. Holder, 8/9/11)
AILA Files Amicus Brief in Case Involving the Application of §212(a)(9)(C) to Minors
AILA amicus brief urging the BIA to find that INA §212(a)(9)(C) does not apply to minors under the best reading of the statute because minors are treated differently than adults under the immigration laws and should not be held culpable in the same way as adults.
BIA on Production of TPS Application in Proceedings
The BIA held that when an application for TPS that has been denied by USCIS is renewed in removal proceedings, the IJ may, in the appropriate circumstances, require DHS to provide the application that the applicant filed with USCIS. Matter of Rivera, 25 I&N Dec. 575 (BIA 2011)
CA10 Dismisses, Says Petitioner Failed to Raise Substantial Constitutional Issue
In a nonprecedential decision, the court held that Petitioner’s due process and equal protection arguments failed to demonstrate that he received a unfair hearing or was treated differently and that he failed to present a substantial constitutional issue. (Pizano-Zeferino v. Holder, 8/8/11)
CA5 on the Fugitive Disentitlement Doctrine
The court dismissed the petition, finding that that Petitioner became a fugitive when he did not surrender for removal despite the fact that his address was known to authorities and DHS made no attempt to locate or arrest him. (Bright v. Holder, 8/8/11)
ICE Terminates Secure Communities MOAs, Reaffirms Nationwide Rollout by 2013
On August 5, 2011, DHS announced that a Memorandum of Agreement (MOA) between ICE and a state is not required to activate or operate Secure Communities in any jurisdiction and as a result, terminated all existing Secure Communities MOAs.
Four Individuals in Removal Proceedings Admit to Bribing ICE Official
ICE press release announcing that four undocumented individuals who were subject to removal due to previous criminal convictions pleaded guilty in federal court to bribing an ICE Enforcement and Removal Assistant to alter their reporting requirements and criminal histories.
EOIR Memo on Salt Lake City Immigration Court Relocation
An 8/5/11 memo from Jon Hill, EOIR Court Administrator to the AILA Utah Chapter on the relocation of the Salt Lake City Immigration Court. The memo includes information regarding filing, hearings, and contacting the court during the move, and more.
Opening Brief of Petitioner, Petition for Review
Sample opening brief arguing that Petitioner’s conviction is not a CIMT, that Silva-Trevino is not entitled to Chevron deference, and that its application is contrary to Fourth Circuit precedent and would have an impermissible retroactive effect. (April 2011) AILA Doc. No. 11080433.
CA3 Rejects Departure Bar at 8 CFR §1003.2(d)
The court held that the departure bar under 8 CFR §1003.2(d) is inconsistent with INA §§240(c)(6)(A) and (7)(A) which permits an alien to file one motion to reopen and one motion to reconsider without geographic limitation. (Espinal v. Att’y Gen. of the U.S., 8/3/11)
CA10 Grants Rehearing En Banc in “Departure Bar” Case
The court granted rehearing en banc to revisit its prior holding that 8 CFR §1003.2(d) precludes consideration of a removed alien’s motion to reopen when filed within the 90 day time limit. AILA and AIC appear as amici. (Contreras-Bocanegra v. Holder, 8/2/11)
CA8 Rejects Social Group Claim in MS-13 Case
The court agreed with the BIA that “persons resistant to gang violence” are too diffuse to be recognized as a social group and that Petitioner’s family was no different from any other Salvadoran family that has experienced gang violence. (Constanza v. Holder, 8/1/11)
DOJ OIL July 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) July 2011 Litigation Bulletin covers calculating the costs of immigration, the overturning of Lujan-Armendariz, summaries of recent federal court decisions, and more.
Immigration Law Advisor, July 2011 (Vol. 5, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on REAL ID credibility standards and the parameters of plausibility findings, circuit court decisions for June 2011, recent BIA precedent decisions, and a regulatory update.
ICE Removal Statistics: FY2007-2011 (Updated 11/15/11)
ICE removal statistics for fiscal years 2007 through July 31, 2011, including total removals, non-criminal removals, convicted criminal removals, average length of stay, and average daily population in ICE custody.
French Citizen Passes Away While in ICE Custody
ICE press release announcing the death of 29-year-old Irene Bamenga, a French citizen and Angolan national who was being detained at the Albany County Jail in New York pending her removal to France. Bamenga was the ninth individual to pass away in ICE custody during FY2011.