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
CA3 Adopts Harmless Error Test Where BIA Applied Wrong Standard of Review
The court adopted a harmless error analysis and concluded that the BIA’s erroneous de novo review of the IJ’s factual findings was not only harmless, but was, if anything, favorable to Petitioner. (Yuan v. Att’y Gen. of the U.S., 4/22/11)
CA9 Says Alien’s Admissions at Pleading Stage Relieved Government of Burden
The court held that admissions made by an alien or through counsel that are accepted by the IJ at the pleading stage are binding; no further evidence concerning the facts admitted or law conceded is necessary. (Perez-Mejia v. Holder, 4/21/11; amended 11/23/11)
White House Blog Post on Creating a 21st Century Immigration System
White House blog post about President Obama’s commitment to reforming immigration laws to meet 21st century economic and security needs, and his belief in working together with Democrats, Republicans, Independents, and others on immigration reform.
BIA Vacates IJ Decision, Finds IJ Made "Inappropriate Remarks"
The BIA held that inappropriate remarks by the IJ called the fairness of the proceedings into question, and that the IJ's finding that the respondent's claims were frivolous did not comport with prior BIA precedent. Courtesy of Christopher Helt.
BIA Finds 212(h) Bars Do Not Apply to Applicants Admitted as Conditional LPRs
Unpublished BIA decision finds LPR eligible for 212(h) waiver despite aggravated felony conviction because he was initially admitted as a conditional LPR. Special thanks to IRAC. (Matter of Mata, 4/20/11)
BIA Remands, Says IJs May Not “Leap Frog” Over Step 2 of Silva-Trevino
The BIA held that evidence outside the record of conviction may only be considered in determining whether a conviction is a CIMT when the record itself does not conclusively answer that question. Matter of Ahortalejo-Guzman, 25 I&N Dec. 465 (BIA 2011)
CRCL April 2011 Newsletter
DHS Office for Civil Rights and Civil Liberties (CRCL) April 2011 newsletter includes new guidance on DHS-supported activities for individuals with limited English proficiency, civil rights monitoring and oversight of Secure Communities, upcoming CRCL events, and more.
Supreme Court Grants Cert in 212(c) Case Challenging Matter of Blake
On 4/18/11, the Court granted certiorari in a case challenging Matter of Blake, which held that a person found removable for sexual abuse of a minor, an aggravated felony, was not eligible for 212(c) relief because there was no comparable ground of inadmissibility.
DHS Guidance on Title VI Prohibition against Discrimination Affecting LEP Persons
DHS notice of final policy guidance to recipients of federal financial assistance regarding Title VI’s prohibition against national origin discrimination affecting persons with limited English proficiency (LEP). The guidance is effective 5/18/11. (76 FR 21755, 4/18/11)
CA9 Upholds Denial of Sexual Orientation Asylum Claim from Mexico
The court upheld the finding that Petitioner did not meet his burden of showing that the government was unable or unwilling to control his attackers where he failed to report sexual abuse. Original opinion follows. (Castro-Martinez v. Holder, 4/15/11; amended 12/5/11)
Letter from Senator Schumer Requesting Discretion in Certain Non-Criminal Immigrant Cases
A 4/14/11 letter from Senator Schumer (D-NY) to DHS Secretary Napolitano requesting that DHS use its discretion to weigh - on a case-by-case basis - whether the detention and removal funds should be used in cases involving certain non-criminal immigrants.
Senators Ask for Executive Action on Behalf of DREAMers
A 4/13/11 letter from 22 Senators to President Obama asking that deferred action be granted to certain DREAM Act-eligible students.
AILA Comments on DHS Regulatory Review
AILA’s comments on the Department of Homeland Security’s implementation of Executive Order 13563, “Improving Regulation and Regulatory Review.” Special thanks to the AILA Interagency Liaison Committee.
Spelling Out the Demise of DOMA in Five Steps
AILA Amicus Committee alert on what the 2/23/11 announcement by the DOJ means, where DOJ stated that it would no longer defend DOMA in pending litigation challenging its constitutionality but it would continue to enforce DOMA until there was a final judicial resolution.
USCIS Asylum Division Stakeholder Meeting Minutes
USCIS Asylum Division minutes from its 4/12/11 quarterly stakeholder meeting. Topics include proposed customer inquiry response procedures, the asylum EAD Clock, and more. Original invitation follows minutes.
District Court Says Employee Has Right to Remain in U.S. While Extension Application Is Pending
The court held that ICE may not arrest an H-1B employee for whom a timely-filed extension application is pending and that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” (El Badrawi v. U.S., 4/11/11)
CA9 Reverses Course on Acosta v. Gonzales
The court gave Chevron and Brand X deference to Matter of Briones, and held that aliens who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i). (Garfias-Rodriguez v. Holder, 4/11/11)
Update on Padilla v. Kentucky in the State Courts: Analyzing Florida’s Hernandez v. State
AILA Amicus Committee alert on how Hernandez v. State characterized Padilla v. Kentucky as creating a “new rule” that should not be applied retroactively.
CA9 Upholds Requirement that Past Persecution Occur in Country of Removal
The court upheld 8 CFR §1208.16(b)(1)(i), requiring past persecution to have occurred in the country of removal, and denied asylum to Petitioner who suffered spousal abuse only in the U.S. (Gonzalez-Medina v. Holder, 4/7/11)
CA9 Says BIA Has Jurisdiction to Review Post-Removal Motion
The court reaffirmed Coyt v. Holder and found that 8 CFR §1003.2(d) does not bar BIA jurisdiction to review a motion to reconsider and reopen filed after the petitioner has been involuntarily removed from the United States. (Reyes-Torres v. Holder, 4/7/11)
AILA Denounces Deportations to Haiti as Life-Threatening
AILA's public statement calling on Obama Administration to suspend deportations to Haiti until life-threatening conditions in that country are resolved.
AILA Liaison/USCIS Meetings Q&As (4/7/11)
Official Q&As from the 4/7/11 meeting between USCIS HQ and AILA liaison. USCIS responses address policy driving adjudications, Kazarian guidance, visa waiver program adjudications, H-1B portability, implementation of VIBE, and more.
CA3 Finds Limited Jurisdiction over Decision to Deny Sua Sponte Reopening
The court found jurisdiction over the denial of a sua sponte motion and held that the BIA erred in finding that Petitioner’s health issues were irrelevant to his persecution claim. (Pllumi v. Att’y Gen. of the U.S., 4/6/11)
District Court Finds Padilla Cannot Be Applied Retroactively
The court held that generic warnings about the possibility of deportation are not sufficient to cure prejudice in a mandatory deportation case, but that Padilla cannot be applied retroactively in post-conviction proceedings. (Hernandez v. Florida, 4/6/11)
AILA/EOIR Liaison Meeting Q&As (04/06/11)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 4/6/11. Topics include the asylum EAD clock, gang-related asylum claims, Matter of R-A-, notice of hearings, limited appearances, joint motions, change of venue, and more.