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
ICE Announces Guilty Plea for Falsifying Student Information
ICE press release announcing that a former university employee who reportedly made repeated false SEVIS entries as a DSO, pled guilty in federal court to concealing and shielding foreign college students who were in violation of the terms of their student visas.
CA7 Finds Illinois Domestic Battery Is an Aggravated Felony
The court held that a violation of 720 Ill. Comp. Stat. 5/12-3.2(a)(1) for intentionally causing bodily harm to a family member is a crime of violence under 18 USC §16(a) and is therefore, an aggravated felony. (Castellanos v. Holder, 7/20/11)
CA2 Refuses to Dismiss Based on Fugitive Disentitlement Doctrine
Comparing the facts to Gao v. Holder where it applied the fugitive disentitlement doctrine to dismiss the case, the court found Gao’s case “extreme” and Petitioner’s case more “normal” and denied the government’s motion to dismiss. (Wu v. Holder, 7/19/11)
CA9 Remands for BIA to Decide if Consultant’s Actions Excuse Untimely Asylum Application
On rehearing, the court held that the BIA erred as a matter of law in finding that fraudulent deceit by an immigration consultant cannot constitute an “extraordinary circumstance” that excuses an otherwise untimely asylum application. (Viridiana v. Holder, 7/19/11)
CA11 on “Sought to Acquire” under the Child Status Protection Act
The court found that the term “sought to acquire” lawful permanent residence within one year of a visa number becoming available is broad enough to encompass substantial steps taken toward the filing of the application. (Medina Tovar v. U.S. Att’y Gen., 7/19/11)
BIA Finds California Assault Statute is an Aggravated Felony Crime of Violence
The BIA held that assault with the intent to commit a felony in violation of Cal. Penal Code section 220 is categorically a crime of violence under 18 USC §16, and is therefore an aggravated felony. Matter of Martinez, 25 I&N Dec. 571 (BIA 2011)
BIA Remands, Orders Consideration of Worsening Conditions for Christians in Iraq
In an unpublished decision, the BIA held that conditions in Iraq have changed to such an extent since the respondent’s prior removal hearing that the proceeding should be reopened to consider her application for asylum. Courtesy of Steven N. Garmo.
CA9 Finds Pro-Labor Position Constitutes Protected Political Opinion
The court found that the BIA ignored the anti-government opinion Chinese officials imputed to Petitioner as motivation for abuse, and erroneously concluded that his pro-labor activities did not constitute an expression of political opinion. (Hu v. Holder, 7/14/11)
CA9 Remands for Credibility Evaluation in “Reason to Believe” Case
The court found that the IJ’s failure to evaluate Petitioner’s credibility in determining whether there was “reason to believe” he was knowingly engaged in drug trafficking was a fundamental flaw that precludes effective review. (Gomez-Granillo v. Holder, 7/14/11)
CA9 En Banc Court Overrules Equal Protection Holding in Lujan-Armendariz
The en banc court held that equal protection does not require treating, for immigration purposes, an expunged state conviction of a drug crime the same as a federal drug conviction that has been expunged under the FFOA. (Nunez-Reyes v. Holder, 7/14/11)
CA7 on Continuous Physical Presence for Cancellation of Removal
The court held that Petitioner’s continuous presence was interrupted when she signed Form I-826, Notice of Rights and Request for Disposition, and returned to Mexico in a formal, documented process while facing threat of removal. (Reyes-Sanchez v. Holder, 7/14/11)
CA7 Remands Macedonian Asylum Case; Discusses Persecution vs. Harassment
The court found that the harm suffered by Petitioners rose to the level of persecution where the couple was robbed, the husband beaten, the wife sexually molested, and her parents rendered unconscious. (Stanojkova v. Holder, 7/14/11; amended 8/16/11)
BIA on Changed Circumstances and the One-Year Asylum Deadline
In an unpublished decision, the BIA held that the respondent’s discovery of his HIV status was a changed circumstance, excusing the late filing. The BIA also noted that an approved labor certification would qualify as an extraordinary circumstance. Courtesy of Paul O’Dwyer.
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)