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
CA9 Remands for Decision on Whether CA Failure to Register Is a CIMT
The court remanded to the BIA to determine whether failure to register as a sex offender under California law constitutes a CIMT given the “significant intervening developments” in CIMT analysis since the BIA’s 2007 decision. (Pannu v. Holder, 5/11/11)
White House Blueprint for Building a 21st Century Immigration System
White House May 2011 Blueprint summarizes the Obama Administration’s border security and enforcement efforts to date, discusses the economic benefits of immigration reform, and outlines the President Obama’s vision for a 21st century immigration policy.
OIG Report on the Supervision of Undocumented Individuals Commensurate With Risk
DHS OIG report assessing and making recommendations with regard to the effectiveness of ICE’s decision-making process on whether to detain undocumented individuals or to place them in supervised release.
CBP Publishes Guidance for International Travelers on Forms I-192, I-212, and I-824
CBP guidance published on 5/9/11 providing information for international travelers regarding Forms I-192, I-212, and I-824, as well as a listing and the associated contact information for the designated ports that accept such forms in advance of travel.
CA9 Says BIA Failed to Consider Service to the Community in §212(c) Case
The court remanded, finding that the BIA failed to consider all of the positive factors bearing on Petitioner’s application for 212(c) relief because it did not consider substantial evidence of Petitioner’s value and service to the community. (Zheng v. Holder, 5/6/11)
Five Indicted in Texas in Alleged H-2B Fraud Scheme
A grand jury indicted five defendants on conspiracy to commit visa fraud and to encourage aliens to illegally enter and reside in the U.S. The indictment alleges that the defendants have conspired since August 2004 to knowingly obtain H-2Bs under false pretenses. (U.S. v. Vicharelly, 5/5/11)
AG Exercises Review Authority in DOMA Case
The AG vacated the BIA’s order and remanded the matter to the BIA to determine whether and how the constitutionality of the Defense of Marriage Act impacts respondent’s eligibility for cancellation of removal. Matter of Dorman, 25 I&N Dec. 485 (AG 2011)
ICE Announces the Passing of an El Salvadoran National While in ICE Custody
ICE press release announcing that Miguel Hernandez, a 54-year-old El Salvadoran national, passed away at a Georgia medical center after collapsing at the North Georgia Detention Center. He was the eighth individual to pass away in ICE custody in FY 2011.
CA9 Says Res Judicata Binds IJ/BIA to Proceed with §212(c) Case
The court held that res judicata binds the BIA to the district court’s decision that Petitioner is eligible for §212(c) relief and that Blake and Brieva do not constitute a change in the law to bar res judicata. (Paulo v. Holder, 5/4/11)
USCIS Fact Sheet on Public Charge
USCIS fact sheet provides information about public charge determinations, including the background and definition, as well as which benefits are subject to public charge consideration, to help noncitizens make decisions about whether to apply for certain public benefits.
BIA Provides Framework for Assessing Mental Competency (Updated 5/13/11)
The BIA set forth a framework to assess the competency of respondents in proceedings and remanded, finding good cause to believe respondent was not competent to proceed. Courtesy of the Univ. of Houston Immigration Clinic. Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011)
CA9 Discusses Credibility and Corroboration in Asylum
The court found that where the IJ has reason in the record to doubt credibility, an absence of evidence may suffice to reject credibility where the need for the evidence is plain and the evidence is reasonably accessible. (Singh v. Holder, 5/3/11)
White House Readout of President’s Meeting with CHC Members Regarding Immigration (Updated 5/4/11)
White House readout of President Obama’s 5/3/11 meeting with members of the Congressional Hispanic Caucus (CHC) in which the President and CHC members agreed on the goal of fixing the broken immigration system through legislative action. The meeting announcement is attached.
O Holder, Here We Are...
AILA Amicus Committee alert on the ongoing Silva-Trevino controversy.
CRCL May 2011 Newsletter
DHS Office for Civil Rights and Civil Liberties (CRCL) May 2011 newsletter covers the removal of designated countries from NSEERS registration, CRCL meetings with Non-Governmental Organizations (NGOs) on immigration-related issues, new CRCL leadership, and more.
DHS to Use Resources for Emergency Aid, Not Enforcement Efforts, in the Tornado Zone
AILA has been informed that DHS will devote its efforts to disaster relief and emergency aid in the areas affected by the late April tornadoes and not use DHS resources for immigration enforcement in those areas.
DOJ OIL April 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) April 2011 Litigation Bulletin introduces David M. McConnell as new Director for OIL Appellate, and covers the INA § 212(c) issue before the Supreme Court, defining “admission,” summaries of recent decisions, and more.
Immigration Law Advisor, April 2011 (Vol. 5, No. 5)
Immigration Law Advisor with an article on the Supreme Court’s interpretation of Section 212(c) and how circuit courts are handling it, circuit court decisions for March 2011, an article on the Convention Against Torture, recent BIA precedent decisions, and a regulatory update.
Reply Brief of Petitioner, Petition for Review
Sample reply brief of Petitioner arguing that Silva-Trevino is not entitled to deference, that reliance on Nijhawan is misplaced, and that Respondent failed to meaningfully address 4th Cir. authority on determining whether a conviction is a CIMT (May 2011). (Complaint, Amendment, Other Briefing)
AILA Files Brief of Amici Curiae in Case Challenging Silva-Trevino
Brief of amici filed in the 4th Circuit case, Waheed v. Holder, urges the court to reject the Silva-Trevino framework for determining whether a conviction constitutes a crime involving moral turpitude and reaffirm the importance of the categorical approach.
CA9 Says Additional Incidents of Persecution Cast Doubt on Credibility
The court held that the inclusion of three additional incidents of arrest and mistreatment that were added to Petitioner’s claim in a supplemental declaration materially altered his claim in a way that casted doubt on his credibility. (Zamanov v. Holder, 4/29/11)
CA10 Rejects BIA Interpretation of Moral Turpitude in Tobar-Lobo
The court vacated the order of removal, finding that a violation of Colo. Rev. Stat. §18-3-412.5(1)(a), (3), misdemeanor failure to register as a sex offender, is not a crime involving moral turpitude. (Efagene v. Holder, 4/29/11)
BIA Says Personal Service of NTA on Minor Was Effective
The BIA held that service of an NTA on a minor 14 years of age or older at the time of service is effective, even though notice was not also served on an adult with responsibility for the minor. Matter of Cubor-Cruz, 25 I&N Dec. 470 (BIA 2011)
White House Summary of the President’s Meeting with Influential Hispanics about Immigration
Readout of President Obama’s 4/28/11 meeting with influential Hispanics on fixing the broken immigration system, during which the President reiterated his commitment to CIR. The meeting announcement and background on the Administration’s immigration policy also is attached.
CA2 on “Parole” in the Adjustment of Status Context
The court held that the requirement that an alien be “paroled into the United States” in order to seek adjustment of status under INA §245(a) is not satisfied by the alien’s release on “conditional parole” under INA §236(a)(2)(B). (Cruz-Miguel v. Holder, 4/27/11)