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
ICE Memo on Alternatives to Detention Program Participant Enrollment Guidance
Memo from Executive Associate Director Gary Mead on alternatives to detention program participant enrollment guidance for all existing and potential ADT participants.
AILA's Pro Bono Newsletter, Winter 2011
In the Winter 2011 Pro Bono Newsletter, get help in overcoming common obstacles to pro bono implementation and hear an Equal Justice Works fellow describe her experience working at a detention center in Texas.
CA5 on IJ/BIA Jurisdiction Over Motions to Reopen
The court found that the BIA did not abuse its discretion in holding that Petitioner’s appeal from the IJ’s denial of her first motion to reopen deprived the IJ of jurisdiction to adjudicate a subsequent motion to reopen. (Lemus-Reyes v. Holder, 2/28/11)
CA7 Upholds Denial of Lebanese Asylum Claim
The court found that the IJ properly considered Petitioner’s Hezbollah-related claim, did not ignore his future persecution claims, and applied the correct standard of review in denying asylum. (Kiorkis v. Holder, 2/28/11)
CA2 Finds No Due Process Violation in Service of NTA on Minor
The court held that a defect in the service of a notice to appear on a minor alien under 8 CFR §103.5a(c)(2)(ii), standing alone, does not implicate the minor alien’s fundamental rights. (Nolasco v. Holder, 2/25/11)
CA2 on Illegal Entry and Reinstatement of Removal
The court upheld the reinstatement of removal under INA §241(a)(5), rejecting Petitioner’s argument that her re-entry into the United States using another person’s passport did not constitute an illegal entry for reinstatement purposes. (Beekhan v. Holder, 2/25/11)
USCIS Q&A for 2/24/11 Quarterly National Stakeholder Meeting
USCIS Q&A for its 2/24/11 quarterly national stakeholder meeting with agency program officers and directorates. Topics include fee waivers, the visa bulletin, asylee derivatives, RFE templates, H-1B cap exemptions, and more. Original invitation and agenda follow Q&A.
CA3 Says Withdrawal of Application for Admission Interrupted Physical Presence
Upon return from a trip to Canada, Petitioner knowingly withdrew his application for admission in lieu of a formal admissibility determination, such that his continuous presence was terminated for cancellation purposes. (Demandstein v. Att’y Gen. of the U.S., 2/24/11)
USCIS Memo on New TRIG Exemption for Solicitation
USCIS 2/23/11 policy memo guiding the implementation of a new discretionary exemption that authorizes USCIS not to apply the solicitation inadmissibility grounds to certain individuals who, under duress, solicited funds or members for a terrorist organization.
USCIS Memo on New TRIG Exemption for Military-Type Training
USCIS 2/23/11 policy memo guiding the implementation of a new discretionary exemption that authorizes USCIS not to apply the military-type training inadmissibility grounds to certain individuals who, under duress, received military-type training from a terrorist organization.
BIA Remands for Analysis of Third Silva-Trevino Step
The BIA held that absent otherwise controlling authority, IJs and the BIA are bound to apply all three steps of the Silva-Trevino methodology for determining whether an offense constitutes a CIMT. Matter of Guevara Alfaro, 25 I&N Dec. 417 (BIA 2011)
CA9 Remands, Discusses Adverse Credibility and Deliberate Fabrication
The court upheld the IJ’s adverse credibility determination as supported by substantial evidence, but found that the heightened requirements for determining that Petitioner’s application for asylum was frivolous were not met. (Liu v. Holder, 2/23/11)
AILA Comments on Coordination of USCIS and ICE on Cases in Proceedings
AILA’s comments in response to the USCIS interim memorandum on coordinating the adjudication of applications and petitions involving individuals in removal proceedings. Special thanks to Mary Kramer.
CA9 Upholds Removal of Palestinian Citizen with Alleged Ties to Hamas
The court held that the BIA’s determination that Petitioner was inadmissible in that he was likely to engage in terrorist activity or provide material support to a terrorist organization was supported by substantial evidence. (Abufayad v. Holder, 2/16/11)
CA4 Reverses BIA, Remands MS-13 Asylum Claim
The court found that the BIA’s determination that “family members of those who actively oppose gangs in El Salvador by agreeing to be prosecutorial witnesses” was not a particular social group, was manifestly contrary to law. (Crespin-Valladares v. Holder, 2/16/11)
CA1 Says Expedited Removal Breaks Physical Presence for Cancellation
The court denied the petition for review, finding the BIA’s determination that an expedited removal order halts continuous physical presence for purposes of cancellation of removal was reasonable. (Vasquez v. Holder, 2/16/11)
Lopez-Mendoza, Motions to Suppress, and Tolentino
AILA Amicus Committee alert on INS v. Lopez-Mendoza and its impact on Tolentino v. NY, a case that explores whether pre-existing identity-related governmental documents, obtained through police action violative of the Fourth Amendment, are subject to the exclusionary rule.
CA6 Remands, Finding Past Persecution in Sierra Leone Withholding Claim
The court held that the record established that Petitioner was targeted for his political opinion when his house was burned down, and the totality of the circumstances, including his son’s murder, satisfies a finding of past persecution. (Vincent v. Holder, 2/15/11)
DHS Secretary Napolitano Announces FY2012 Budget Request
DHS press release on Secretary Napolitano’s unveiling of the FY2012 budget request. The press release breaks down FY2012 budget priorities, such as securing and managing U.S. borders, as well as enforcing and administering immigration laws, and links to a fact sheet.
CA7 Upholds Use of Collateral Estoppel in Removal Case of Former Nazi
The court denied the petition for review, finding that Petitioner was afforded a full and fair opportunity to litigate his claims in denaturalization proceedings, and upheld the IJ’s application of the collateral estoppel doctrine. (Firishchak v. Holder, 2/14/11)
CA9 Remands VAWA Special-Rule Cancellation Case
The court held that the mistreatment of Petitioner’s children by their LPR father constituted battery, a heightened level of violence is not required, and the IJ erred in relying on state law to determine what constitutes battery. (Lopez-Birrueta v. Holder, 2/14/11)
CA1 Upholds Denial of Asylum for Coptic Christian from Egypt
The court found (1) the harm Petitioner suffered did not rise to the level of persecution; (2) a lack of connection between the harm and government action or inaction; and (3) no nexus to show that the harm was on account of his religion. (Morgan v. Holder, 2/11/11)
CA9 Rejects Equal Protection Challenge to 10-Year Non-LPR Cancellation Rule
The court found a rational basis for requiring 10 years continuous residence with exceptions for certain absences, as opposed to a total-number-of-days requirement where Petitioners fell short of 10 years by only a few weeks. (Hernandez-Mancilla v. Holder, 2/10/11)
USCIS Final Memo on Coordinating Adjudications for Individuals in Removal Proceedings
USCIS 2/8/11 final policy memo provides guidance for coordination with ICE on the adjudication of applications and petitions for individuals in removal proceedings. The final memo supersedes an interim memo for comment on this subject posted by USCIS on 2/8/11.
USCIS Memo on Handling Applications for Individuals in Removal Proceedings
A 2/4/11 USCIS interim memo for comment on guidance for coordination with ICE on the adjudication of applications and petitions involving individuals in removal proceedings before EOIR. Memo follows instructions, and is in effect until further notice. Comments due 2/22/11.