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
CA9 Says EAD Grant Does Not Confer Admission Status for Cancellation of Removal
The court held that the grant of work authorization pending the approval of adjustment of status does not confer admission status on an undocumented alien for purposes of calculating seven years continuous residence for cancellation. (Guevara v. Holder, 6/3/11)
CA9 on “Admitted in Any Status” for Cancellation of Removal
The court held that an approved I-130 Petition for Alien Relative does not confer admission status on an undocumented alien for purposes of showing seven years of continuous residence for cancellation of removal. (Vasquez de Alcantar v. Holder, 6/3/11)
BIA Says Arriving Aliens Subject to Expedited Removal May Be Placed in §240 Proceedings
The BIA held that DHS has the discretion to place arriving aliens in removal proceedings under INA §240, even if they may also be subject to expedited removal under INA §235(b)(1)(A)(i). Matter of E-R-M- & L-R-M, 25 I&N Dec. 520 (BIA 2011)
USCIS Additional 30-Day Comment Request on Form I-212 Extension (Updated 6/2/11)
USCIS notice of an additional 30-day comment period on the extension of the validity of Form I-212, Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal. Comments are due 07/05/11. (76 FR 31971, 6/2/11) (76 FR 14419, 3/16/11)
CA9 Says Reinstatement Does Not Apply to Petitioner Who Sought Relief Pre-IIRIRA
The court held that reinstatement of removal under INA §241(a)(5) is impermissibly retroactive when applied to individuals who applied for discretionary relief prior to IIRIRA’s effective date. (Chay Ixcot v. Holder, 6/1/11)
DOJ OIL May 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) May 2011 Litigation Bulletin covers the BIA’s clear error standard of review, the Supreme Court’s consideration of whether tax crimes other than tax evasion may be aggravated felonies, proposed changes to the EB-5 Program, and more.
DHS Annual Report on Immigration Enforcement Activities in FY2010
DHS Office of Immigration Statistics Annual Report released June 2011, finding that DHS made 517,000 apprehensions and removed 387,000 foreign nationals from the U.S. in FY2010. ICE detained approximately 363,000 foreign nationals.
PHR Report: Indefinite Detention in the U.S.
A Physicians for Human Rights (PHR) report on the use of indefinite detention in the national security and immigration contexts, finds that the harms endured by indefinite detainees are unconstitutionally punitive and violate domestic and international law.
BIA Dismisses Appeal of Derivative Spouse Who Cannot Independently Qualify for TPS
The BIA held that an alien seeking TPS as a derivative spouse must be from a state designated for TPS eligibility and found that the IJ properly denied the respondent’s application for TPS as a late initial registrant. Matter of Echeverria, 25 I&N Dec. 512 (BIA 2011)
CA9 Affirms Oh v. Gonzales, Says 30-Day Appeal Deadline Is Not Jurisdictional
Finding no ambiguity, the court refused to apply Brand X and Chevron deference to the BIA’s decision in Liadov and concluded that the 30 day deadline for appeals under 8 CFR §1003.38 is not jurisdictional. (Irigoyen-Briones v. Holder, 5/31/11)
CA2 Remands for BIA Clarification on the Concept of Legitimation
In a case involving a claim for derivative citizenship, the court remanded to the BIA to clarify how it interprets “legitimation” under INA §101(c)(1) and to explain how its understanding of legitimation applies to Jamaican law. (Watson v. Holder, 5/31/11)
CA2 Asks BIA to Reconsider Continuance for Arriving Alien
In a case involving an arriving alien adjustment of status, the court found that the BIA erred in denying Petitioner’s continuance on the ground that it lacked jurisdiction to adjudicate adjustment applications for arriving aliens. (Freire v. Holder, 5/27/11)
CA4 Says Inconclusive Conviction Record Is Insufficient to Meet Cancellation Burden
The court rejected the argument that Petitioner satisfied his burden of proof to demonstrate he had not been convicted of an aggravated felony by presenting an inconclusive, though complete, record of conviction. (Salem v. Holder, 5/24/11)
BIA Finds Conviction for Violating Kansas No-Contact Provision Is a Removable Offense
The BIA held that a conviction for violation of the no-contact provision of a protection order issued under the Kansas Protection from Abuse Act constitutes a removable offense under INA §237(a)(2)(E)(ii). Matter of Strydom, 25 I&N Dec. 507 (BIA 2011)
H.R. 1932 Keep Our Communities Safe Act of 2011 (Updated 7/15/11)
H.R. 1932, Keep Our Communities Safe Act, expands the use of detention for individuals who are in removal proceedings and who cannot be deported. The bill would also radically restructure the judicial review process for those in detention.
AILA Testimony on Detention Bill Submitted to House Immigration Subcommittee
AILA testimony submitted on 6/1/11 to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 5/24/11 hearing on H.R.1932, the “Keep Our Communities Safe Act of 2011.”
House Judiciary Committee Hearing on Impact of Zadvydas v. Davis
Testimony from the 5/24/11 hearing before the House Judiciary Committee titled “H.R.1932, the Keep Our Communities Safe Act of 2011” including discussion on the impact of Zadvydas v. Davis on ICE detentions.
CA8 Remands for BIA Finding on Equitable Tolling of MTR Deadline
The court remanded for the BIA to determine whether the motion deadline is equitably tolled based on ineffective assistance of counsel, and if so, to rule on the motion whether on the basis of the departure bar or other grounds. (Ortega-Marroquin v. Holder, 5/23/11)
CA1 Upholds Adverse Credibility in Ivory Coast Asylum Claim
Over dissent, the court denied the petition, noting that Petitioner used nearly identical language to describe his mistreatment as that used in an Amnesty International report, and where his testimony was inconsistent and uncorroborated. (Dehonzai v. Holder, 5/23/11)
Supreme Court to Decide Whether Tax Offense Is an Aggravated Felony
The Court granted certiorari in Kawashima v. Holder to determine whether convictions for filing, and aiding and abetting in filing, a false statement on a corporate tax return, 26 USC §§7206(1) and (2), are aggravated felonies under INA §101(a)(43)(M)(i).
H.R. 1932 Keep Our Communities Safe Act of 2011
Legislation from Rep. Lamar Smith that would strip important due process protections of harmless individuals by needlessly increasing the government’s already broad authority to detain noncitizens.
AILA Denounces House Detention Bill
AILA press statement on upcoming House hearing to discuss H.R. 1932, a bill that would strip important due process protections of harmless individuals by needlessly increasing the government’s already broad authority to detain noncitizens.
CA6 Remands for BIA Finding on Whether Citizenship Revocation Is Persecution
The court remanded the case, finding that the BIA failed to consider whether the revocation of Petitioner’s Estonian citizenship on account of her Russian ethnicity amounted to persecution. (Stserba v. Holder, 5/20/11)
DHS PIA Update for the EID ENFORCE Alien Removal Module (EARM 3.0)
DHS/ICE update to the Enforcement Integrated Database (EID) Privacy Impact Assessment describing upgrades made by ICE to the ENFORCE applications, referred to as EARM 3.0, which include merging two of the applications, modifying the data collected by DHS, and more.
AILA/USCIS Field Operations Liaison Q&As (5/20/11)
Official minutes of the 5/20/2011, AILA liaison meeting with USCIS Field Operations. Topics include I-130 appeals, fee collection, communication, right to representation, follow-up notices, I-751, DOMA, address change, NTAs, adjustment for VWP applicants, and more.