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
BIA Says §212(h) Cannot Waive Conviction for Purposes of Cancellation Eligibility
The BIA held that INA §212(h) cannot waive the effect of a conviction for a controlled substance violation to overcome the bar to cancellation of removal under §240A(b)(1)(C), and dismissed the appeal. Matter of Bustamante, 25 I&N Dec. 564 (BIA 2011)
AILA and NIJC as Amici Seek Reversal of BIA §212(c) Cases, Blake/Brieva
Brief of Amici Curiae, filed with the U.S. Supreme Court, argues for reversal of the BIA’s treatment of §212(c) cases in Blake/Brieva, which has resulted in the irrational denial of relief for countless deserving noncitizens. Special thanks to NIJC and Jones Day.
HALT Act - H.R. 2497/S.1380
Hinder the Administration’s Legalization Temptation (HALT) Act limits the ability of the current administration and suspends vital protections for vulnerable immigrants until January 21, 2013.
ICE Announces that the U.S. and Mexico Resume MIRP for the Eighth Consecutive Summer
ICE press release announcing the restart of the Mexican Interior Repatriation Program (MIRP), which facilitates the voluntary return of Mexican nationals who are found to be in the Sonoran Desert region of Arizona unlawfully to their homes in the Mexican interior.
CIS Ombudsman Recommendation on USCIS Deferred Action Processing
A 7/11/11 CIS Ombudsman recommendation to USCIS outlining the steps for USCIS to improve the processing of deferred action requests, such as by issuing public guidance on the procedures for making deferred action requests, and by conducting an inventory of pending requests.
CA5 Rejects Equitable Estoppel Claim in Derivative Citizenship Case
In a case involving an 11-year delay in adjudicating a certificate of citizenship, the court held that Petitioner failed to show affirmative government misconduct beyond negligence and was not entitled to terminate proceedings. (Robertson-Dewar v. Holder, 7/8/11)
CA9 Finds Nexus in Mexico Whistleblowing Asylum Case
The court held that exposure of corruption in the Mexican government and Petitioner’s refusal to accede to corrupt demands were political acts that qualify Petitioner as a whistleblower for asylum and withholding of removal. (Perez-Ramirez v. Holder, 7/8/11)
CA6 Finds Jurisdiction to Review Denial of Venue Transfer
Finding the Supreme Court decision Kucana v. Holder controlling, the court held that it had jurisdiction to decide whether the immigration judge’s denial of a venue-transfer motion was an abuse of discretion. (Dugboe v. Holder, 7/6/11)
CA9 on Definition of “Conviction” under INA §101(a)(48)
The court found that the right to appeal a sentence on remand does not alter the conclusion that Petitioner was “convicted” under INA §101(a)(48), which requires only a formal judgment of guilt, not that all appeals be exhausted or waived. (Planes v. Holder, 7/5/11)
DOJ Comment Request on Form EOIR 26A Extension
DOJ notice of a 60-day comment period on the extension of the validity of Form EOIR 26A, Fee Waiver Request form. Comments are due 9/6/11. (76 FR 39122, 7/5/11)
CA9 on Impact of Recent Supreme Court Decisions on Equitable Tolling
The court held that under Holland v. Florida, individuals who are not entitled to counsel can justify the equitable tolling of a limitations period, such as the motion to reopen deadline, where counsel’s behavior is egregious. (Avagyan v. Holder, 7/1/11)
CA4 on Circuit Court Jurisdiction and Venue
The court held that INA §242(b)(2) does not deprive it of subject matter jurisdiction and that 28 USC §1631, which speaks of jurisdiction, permits the court to transfer in the “interest of justice” when venue is lacking (Sorcia v. Holder, 7/1/11)
VOICE: July/August 2011
The July/August 2011 issue of VOICE: An Immigration Dialogue features articles on acts that could make your client inadmissible, litigation and practice management advice from seasoned professionals, latest happenings with members, and much more!
DOJ OIL June 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) June 2011 Litigation Bulletin addresses the Solicitor General’s cert petitions in CA9 imputation cases, REAL ID Act corroboration provisions, finality and reconsideration, updates on pending cases and issues, and more.
Immigration Law Advisor, May-June 2011 (Vol. 5, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with articles on the Supreme Court deciding if tax fraud is “fraud” and the reason to believe standard under Section 212(a)(2)(c)(i), circuit court decisions for April and May 2011, recent BIA precedent decisions, and a regulatory update.
MPI Report on the Enforcement of Labor Standards and Low-Wage Immigrants
A July 2011 Migration Policy Institute (MPI) report on elements of effective labor standards enforcement, focusing on firms with heavy concentrations of low-wage immigrant workers, argues that labor standards enforcement should be a pillar of immigrant policymaking agendas.
CA3 on Jurisdiction Over Requests for Consent to Reapply for Admission
The court held that the immigration judge does not have jurisdiction to consider a request for consent to reapply for admission under INA §212(a)(9)(C)(ii) because Congress delegated that authority to DHS. (Sarango v. Att’y Gen. of the U.S., 6/30/11)
Prosecutorial Discretion: Monitoring Implementation of the June 17, 2011 ICE Memos
Do you have a case where the issue of prosecutorial discretion was raised after ICE released the June 17, 2011 memoranda? Help AILA and the AIC monitor implementation of the new prosecutorial discretion guidance by taking this survey.
BIA Says Maximum Possible Sentence Determines Eligibility for Petty Offense Exception
The BIA held that the maximum possible sentence for an offense, rather than the standard range under the State's sentencing guidelines, determines an alien's eligibility for the petty offense exception. Matter of Ruiz-Lopez, 25 I&N Dec. 551 (BIA 2011)
CA9 Remands, Finds Nexus in Armenian Whistleblowing Asylum Claim
The court granted the petition for review in a case involving an Armenian petitioner who faces retaliation from a notorious criminal for pursuing his prosecution and exposing his ties to corrupt government officials. (Antonyan v. Holder, 6/29/11)
CA9 Declines to Review Denial of Stay of Removal
The court found no jurisdiction to review the BIA’s interim order denying a stay of removal pending the disposition of Petitioner’s motion to reopen, because it was not part of a “final order of removal” as defined under INA §101(a)(47). (Shaboyan v. Holder, 6/29/11)
CRS Report on Asylum and “Credible Fear” Issues
A 6/29/11 Congressional Research Service (CRS) report on asylum and “credible fear” issues in U.S. immigration policy provides an overview of the current asylum policy, a breakdown of source countries for asylum seekers, an analysis of approved asylum cases, and more.
CA10 Finds Jurisdiction to Review Continuance Denial in Light of Kucana
Reversing course from Yerkovich v. Ashcroft, the court found that the Supreme Court’s decision in Kucana v. Holder makes it clear that the denial of a request for a continuance is reviewable. (Jimenez-Guzman v. Holder, 6/28/11)
Senate Judiciary Committee Hearing on DREAM Act
Testimony from the 6/28/11 Senate Judiciary Subcommittee on Immigration, Refugees and Border Security hearing on the DREAM Act.
CA9 Allows Consideration of Alien’s Admission in Determining Removability (Withdrawn)
Clarifying Cheuk Fung S-Yong, the court held that an IJ may consider an alien’s admissions regarding removability if they are corroborated by the narrow set of documents that are part of the record of conviction. (Pagayon v. Holder, 6/24/11; withdrawn 12/8/11)