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
BIA Says IJ's Conclusions on Extrajudicial Killing Were Not Speculative
The BIA held that an IJ may make reasonable inferences from direct and circumstantial evidence, and is not required to accept respondent's account where other plausible views of the evidence are supported by the record. Matter of D-R-, 25 I&N Dec. 445 (BIA 2011)
AILA/AIC Letter to Secretary Napolitano on DHS’ Use of Prosecutorial Discretion
AILA and AIC letter to DHS Secretary Janet Napolitano expressing concerns and offering assistance and perspective with respect to implementing a well-balanced policy on the exercise of prosecutorial discretion.
ICE Announces Policy for Resumed Removals to Haiti
ICE press release announcing that the agency is resuming the limited removal of convicted criminal Haitians with final orders of removal. At this time, ICE is not removing non-criminal Haitian nationals unless they are determined to be a significant national security threat.
CA9 on “Changed Circumstances” and the One-Year Asylum Deadline
“Changed circumstances” does not require an entirely new conflict in the applicant’s country of origin, nor does the law preclude an applicant who has always feared persecution from seeking asylum because the risk of persecution increases. (Vahora v. Holder, 4/5/11)
CA7 Says §212(h) Cannot Waive Conviction Barring Cancellation
For purposes of cancellation of removal, the court held that a conviction for possession of drug paraphernalia is an offense “relating to a controlled substance” under INA §212(a)(2), and that INA §212(h) cannot serve to waive the conviction. (Barma v. Holder, 4/5/11)
ICE Memo on Strategic Use of Expedited Removal
ICE memo, dated 4/5/11, from Gary Mead, Executive Associate Director, on the strategic use of expedited removal authority. Also includes a list of instances that expedited removal should not be used. Obtained through FOIA by Stephen Yale-Loehr.
CA5 Finds Administrative Voluntary Departure Interrupts Continuous Residence
The court held that Petitioner’s administrative voluntary departure interrupted his continuous residence such that he was never eligible for LPR status under IRCA, and is therefore now not eligible for LPR cancellation of removal. (Ramos-Torres v. Holder, 4/4/11)
ICE Announces Sentencing in Scheme to Recruit Undocumented Workers
ICE press release announcing the owner of Lucky employment agency was sentenced to two years in prison, three years probation, and forfeiture of $5,200, for conspiring to transport and harbor undocumented workers. She is expected to be deported after completing her sentence.
CA9 Clarifies Standard for Stays of Removal in Light of Nken v. Holder
The court held that where the alien makes a threshold showing that irreparable harm is probable absent a stay, the court will then weigh the equities according to the general balancing approach set forth in Abassi v. INS. (Leiva-Perez v. Holder, 4/1/11)
Immigration Law Advisor, March 2011 (Vol. 5, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on document similarities and credibility findings in immigration proceedings, circuit court decisions for February 2011, an article on the “exclusionary rule”, recent BIA precedent decisions, and a regulatory update.
DOJ OIL March 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) March 2011 Litigation Bulletin covers the court’s holding that application of the 30-day deadline does not violate the Suspension Clause, motions to reopen alleging changed country conditions, summaries of court decisions, and more.
AILA Comments on DOJ Regulatory Review
AILA’s comments on the Department of Justice’s implementation of Executive Order 13563, “Improving Regulation and Regulatory Review.” Special thanks to the AILA EOIR Liaison Committee and the AILA Refugee & Asylum Liaison Committee.
CA9 on Casas-Castrillon Bond Hearings
The court held that the district court has habeas jurisdiction to review a bond determination for an alien facing prolonged detention while a petition for review is pending, and that the government must prove that detention is justified. (Singh v. Holder, 3/31/11)
CA9 Says WA Third Degree Child Molestation Is a Crime of Child Abuse
The court held that a felony conviction for third-degree child molestation in violation of Wash. Rev. Code 9A.44.089 constitutes a crime of child abuse within the meaning of INA §237(a)(2)(E)(i). (Jimenez-Juarez v. Holder, 3/31/11)
ICE Comment Request on IDENT/IAFIS Interoperability State and Local Agency Assessment
ICE notice of a 60-day comment period on the revision of the Secure Communities IDENT/IAFIS Interoperability State and Local Agency Assessment, Forms 70-003, 70-004, 75-001, and 75-002. Comments are due 5/31/11. (76 FR 17936, 3/31/11)
CA9 Refuses to Impute Physical Presence of Mother to Child
The court upheld the BIA’s determination that the physical presence of Petitioner’s mother could not be imputed to her for purposes of qualifying for cancellation of removal under INA §240A(b)(1). (Saucedo-Arevalo v. Holder, 3/29/11)
CA6 Finds Michigan Possession with Intent to Deliver Is an Aggravated Felony
The court rejected the argument that a violation of Mich. Comp. Laws §333.7401(2)(d)(iii) was comparable to the misdemeanor federal provision, 21 USC §841(b)(4), because the amount of marijuana is not an element of the federal felony. (Garcia v. Holder, 3/28/11)
OIG Report on the Management of Mental Health Cases in Immigration Detention
DHS OIG report finding that ICE has limited oversight for mental health cases across immigration detention centers, and is not fully aware of all detainees with mental health conditions. The report includes 20 recommendations to improve the management of mental health cases.
IJ Says Aged-Out K-2 May Proceed with Adjustment of Status
The IJ found that the respondent, who entered the U.S. on a K-2 visa and turned 21 before filing for adjustment of status based on her mother’s marriage to the petitioning U.S. citizen, is nonetheless eligible for adjustment. Courtesy of Jeremy McKinney.
CA7 on “Persecution by Proxy” in Chinese Christian Case
The court found that Petitioner failed to establish that he had suffered past persecution, where his claim was primarily based on the arrest of his parents in 1982, and that he did not establish an individualized risk of future persecution. (Ni v. Holder, 3/25/11)
CA9 Attributes Lie of One Spouse to the Other in Assessing Credibility
The court held that a deception unrelated to escaping immediate danger or gaining entry into the United States can form the basis for an adverse credibility determination, even if it turns out to be irrelevant to the claim. (Singh v. Holder, 3/25/11)
CA3 Remands for Analysis of Evidence of Forced Abortion
The court held that the IJ/BIA erred in focusing solely on the date of Petitioner’s abortion set forth in her husband’s asylum claim, while failing to consider corroborating evidence of the date presented in her own claim. (Dong v. Att’y Gen. of the U.S., 3/25/11)
ICE Announces New Office in Northern Michigan
ICE press release announcing that it opened a new permanent facility in downtown Sault Ste. Marie, MI, on 3/25/11, which will house both Enforcement Removal Operations as well as Homeland Security Investigations.
CA1 Remands 18-Year Old Asylum Claim of Peruvian Military Officer
The court rejected the argument that the Shining Path was motivated by revenge, and remanded for a determination whether “Peruvian military officers whose names are associated with [the massacre at] Accomarca” is a social group. (Castaneda-Castillo v. Holder, 3/24/11)
CA5 on Jurisdiction Where BIA Sua Sponte Reconsiders Underlying Order
The court found that it retains jurisdiction over a petition for review despite the BIA’s sua sponte reconsideration and revision of the order under review, where the BIA did not materially change or vacate the order. (Espinal v. Holder, 3/24/11)