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 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)
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.