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 Finds IJ Erred in Requiring Corroboration of Inconclusive Conviction Record
REAL ID did not overrule Sandoval-Lua which held that the alien’s burden of proving cancellation eligibility is met where the conviction record is inconclusive as to whether the crime is an aggravated felony. (Rosas-Castaneda v. Holder, 1/4/11; amended 9/12/11)
CA11 on Definition of “Conviction” Under INA §101(a)(48)
Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)
Is Your Client in Lawful Status, Just a Status, or In Unlawful Status? Context Counts.
AILA Amicus Committee alert on the definition of “status” and a review of several federal court cases that addressed provisions of the INA that raise the issue of when a person is in “status” in the U.S.
CA9 Remands Wife’s Asylum Claim, Upholds Adverse Credibility for Husband
In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)
Welcome to VOICE 2.0: January/February 2011
AILA’s VOICE: An Immigration Dialogue kicks off 2011 with a new, dynamic platform. The January/February 2011 issue features articles on strict DMV policies, finding a job, the DREAM debate, keeping resolutions—and much more!
DOJ OIL December 2010 Litigation Bulletin
DOJ Office of Immigration Litigation December 2010 Litigation Bulletin covers Samirah v. Holder, jurisdiction over administrative closure, nine new immigration judges appointed, summaries of court decisions, and more.
Immigration Law Advisor, November-December 2010 (Vol. 4, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the top twenty Federal appellate decisions on immigration, circuit court decisions for October and November 2010, recent BIA precedent decisions, and a regulatory update.
MPI Report on 287(g) State and Local Immigration Enforcement
A January 2011 Migration Policy Institute report that assesses the implementation, outcomes, costs, and community impacts of the 287(g) program, which enables state and local officers to directly enforce federal immigration law and is now operating in 72 jurisdictions.
IACHR Report on Immigration in the United States: Detention and Due Process
A 12/30/10 Inter-American Commission on Human Rights (IACHR) report on whether policies and practices in the U.S. with respect to immigrant-related detention and due process are compatible with the country’s international obligations in the area of human rights.
CA9 on District Court Review of Adjustment Denial
The court held that the district court lacks jurisdiction to review an alien’s challenge to the government’s denial of an application for adjustment of status while removal proceedings are simultaneously pending. (Cabaccang v. USCIS, 12/29/10)
CA11 Says No Judicial Review of Adjustment While Proceedings Are Pending
The court held that the district court lacked jurisdiction under the Administrative Procedure Act to review the denial of Petitioner’s adjustment of status application, where Petitioner is currently in removal proceedings. (Ibarra v. Swacina, 12/28/10)
ICE Announces Death of Panamanian National in ICE Custody
ICE press release announcing that a Panamanian national in ICE custody passed away at the Krome Service Processing Center in Miami after complaining of chest pains. He was in ICE custody since 12/3/10, and the third immigrant to pass away in ICE custody in fiscal year 2011.
CA8 on “Egregious” Fourth Amendment Violations under Lopez-Mendoza
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
AILA Files Second Amicus Brief in Ninth Circuit Case, Nunez-Reyes v. Holder
A second AILA amicus brief filed jointly with the National Immigration Project following the oral argument in Nunez-Reyes v. Holder, an en banc Ninth Circuit case involving the government's challenge to Lujan-Armendariz v. INS.
Practice Alert: Handling Family-Based Retrogression Cases before EOIR
AILA Liaison offers strategies for filing and handling adjustment of status cases in removal proceedings in light of the significant retrogression of priority dates in the family-based categories as published in the January 2011 Visa Bulletin.
ICE Announces the Arrest of 95 Individuals throughout Florida
ICE press release announcing the arrest of 93 foreign nationals with criminal records and two others during a five-day enforcement operation in Florida. All 95 are in ICE custody on administrative immigration violations and pending removal.
CA5 Remands CAT Claim for Reconsideration under “Willful Blindness” Standard
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
AILA/ICE Liaison Meeting Minutes (10/5/10)
Minutes from the AILA/ICE Liaison Committee meeting on 10/5/10, address: prosecutorial discretion, Enforcement and Removal Operations (ERO), mandatory detention, contract facilities, detainee transfers, and bond.
ICE Secure Communities Statistics for November 2010
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 11/30/10 released on the ICE FOIA electronic reading room.
ICE Resuming Removal of Certain Haitians
In a 12/8/10, teleconference with the Haitian advocacy community in South Florida, DHS and DOS announced that ICE is resuming removals of Haitians who have been convicted of serious crimes and against whom final orders have been entered.
Privacy Impact Assessment on the ICE Electronic Discovery Software System
DHS Privacy Impact Assessment (PIA) on the ICE Electronic Discovery Software System (EDSS) which supports the collection and organization of documents to meet litigation discovery requirements. ICE may also use the EDSS to process agency records in response to FOIA requests.
CA6 on Establishing Lack of Notice for Rescinding an In Absentia Order
For purposes of rescinding an in absentia order under former INA §242B, the alien must not only establish lack of actual notice, but also that the lack of notice was due to a reason other than failure to provide a current address. (Sanchez v. Holder, 12/6/10)
ICE Announces Brazilian Man Sentenced in $55 Million Visa Fraud Scheme
ICE press release announcing that Eduardo Dozzi Barbugli was sentenced to 20 months in federal prison and a money judgment of $55 million for his involvement in a visa fraud conspiracy. Barbugli will be subject to removal after he serves his sentence.
CA7 Orders Return of Plaintiff to the U.S. Following Advance Parole Revocation
The court held that 8 CFR §212.5(e)(2)(i) entitled the plaintiff, upon revocation of his advance parole, to the restoration of his pre-parole status of an adjustment of status applicant. (Samirah v. Holder, 12/3/10)
CA9 Finds Past Persecution and Well-Founded Fear in Mongolian Asylum Claim
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10)