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
CA9 Orders CAT Relief, Finding BIA Erred in Conception of CAT Protection
The court ordered CAT relief, finding that BIA erred in its denial on the basis that petitioner could avoid torture by ceasing to exercise her political rights and remanded for consideration of her FGM claim as a separate basis for relief. (Edu v. Holder, 10/26/10)
CA3 Finds NY Drug Convictions Do Not Qualify as Aggravated Felonies
The court held that the petitioner’s open guilty plea to misdemeanor convictions under NY Penal Law §221.40 did not establish that he was convicted of drug trafficking crimes that qualified as an aggravated felonies. (Thomas v. U.S. Att’y Gen., 10/26/10)
CA7 Dismisses Petition of “Operation Durango” Participant
The court held that it lacked jurisdiction to review the denial of voluntary departure for a petitioner who received passport stamps from an undercover agent as part of a sting operation to target corrupt immigration officials. (Pawlowska v. Holder, 10/22/10)
CBP Announces Changes to I-192 Criminal Waiver Processing for Michigan
CBP press release announcing that effective 11/1/10, persons filing an I-192 waiver application for entry at a Michigan port of entry must submit their application packet in person at the nearest land port of entry instead of through Sault Ste. Marie as previously required.
AILA Files Amicus Brief in 245(i) Case, Matter of Legaspi
AILA amicus brief arguing that after-acquired spouses and children, though not independently grandfathered, can adjust under §245(i) if accompanying or following to join a grandfathered alien. Thanks to Russell Abrutyn, Jackson Chaney, Leslie Holman, Cyrus Mehta, Olsi Vrapi.
AILA Comments on ICE Draft Detainer Policy
On 10/1/10, AILA and other NGOs submitted comments in response to the draft ICE detainer policy guidelines.
EOIR to Launch Redesigned Website
EOIR press release on the launch of its redesigned website on 10/20/10. Features include an Action Center with tools to find an immigration court and a free legal service provider.
CA5 on BIA Jurisdiction over Appeal of Departed Alien
8 CFR §1003.4, which states that an appeal is withdrawn if the alien departs "subsequent to the taking of an appeal, but prior to a decision,” does not cover departures after a BIA decision, but while a habeas is pending. (Rodriguez-Barajas v. Holder, 10/19/10)
CA5 Affirms Denial Based on Crime of Domestic Violence
The court held that the government has the burden to prove the domestic relationship for a crime of domestic violence by clear and convincing evidence, using the kind of evidence generally admissible before an immigration judge. (Bianco v. Holder, 10/19/10)
ICE Announces Brazilian Couple Sentenced in $55 Million Visa Fraud Scheme
ICE press release on a Brazilian couple who were sentenced to 18 to 24 months in federal prison and a $55 million money judgment, for their involvement in a visa fraud scheme, as well as being subject to removal after they serve their sentences.
BIA Finds Conviction for Bribery of Public Official Not Aggravated Felony
The BIA held that the crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) is not an offense “relating to” commercial bribery and is therefore not an aggravated felony under INA §101(a)(43)(R). Matter of Gruenangerl, 25 I&N Dec. 351 (BIA 2010)
BIA Finds DHS Counsel Conduct “Unbecoming”
Unpublished BIA decision, where the BIA sustained a grant of asylum, dismissed the DHS appeal, and criticized the conduct of the DHS attorney towards the Immigration Judge. Courtesy of Perry & Associates, PC.
IT Staffing Firm Pleads Guilty to Mail Fraud in Connection with H-1B Filings
The district court accepted a plea agreement whereby the defendant, an IT staffing firm that filed H-1B petitions through an Iowa shell subsidiary, agreed to accept a guilty plea for one count of mail fraud under 18 USC §1341. (U.S. v. Vision Systems Group, 10/14/10)
AAO Finds VSC Director Erred in Denying I-360 Petition for Battered Child
The AAO approved the I-360 filed by a battered child over 21, finding that the VSC Director incorrectly concluded that the petitioner must establish a parent-child relationship with the abusive parent on the date the petition was filed. Courtesy of Philip Smith.
CA3 Finds PA Drug Conviction Qualifies as Aggravated Felony
The court affirmed the BIA’s decision that the petitioner’s PA conviction for possession with intent to distribute 120.5 grams of marijuana was an “aggravated felony,” and did not fall within the exception under 21 USC §841(b)(4). (Catwell v. Holder, 10/13/10)
CA1 Affirms Denial in Marriage Fraud Case
The court upheld the BIA’s and IJ’s conclusions that the petitioner engaged in marriage fraud and found that it lacked jurisdiction to review the denial of voluntary departure. (Pena-Beltre v. Holder, 10/13/10)
AILA/USCIS Committee Notes on 10/12/10 Meeting
AILA/USCIS Liaison Committee offers committee comments for the meeting with USCIS on October 12, 2010. The comments provided are from the AILA/USCIS committee and are not responses of USCIS.
AILA Liaison/USCIS Meeting Q&As (10/12/10)
Questions and answers from the 10/12/10 meeting between USCIS HQ and AILA liaison. USCIS responses address the RFE Task Force, NTA Task Force, AAO, lockbox, L-1B adjudications, AC21 H-1B extensions for spouses, transfer of files between service centers and more.
ICE 30-Day Comment Request on Form I-246 Extension (Updated 10/12/10)
ICE notice of a 30-day comment period on the extension of the validity of the Application for Stay of Deportation or Removal (Form I-246). Comments are due 11/12/10 (75 FR 62560, 10/12/10) (75 FR 41214, 07/15/10)
AILA Files Amicus Brief in Ninth Circuit Case, Delgado v. Holder
AILA amicus brief arguing that when the BIA engages in a plain language statutory analysis, fills no statutory gaps, or does not particularize ambiguous statutory terms, its decision is not eligible for Chevron deference.
ICE Reveals Record Immigration Enforcement Numbers for FY10
ICE announcement that during FY10 DHS and ICE have removed more individuals than in any other period in history. A major factor in the increased removals, is the increased use of Secure Communities, which now has more than 660 state and local partners nationwide.
District Judge Orders Friendly House SB-1070 Case to Proceed
District Court order granting in part and denying in part Defendants’ motions to dismiss. (Friendly House v. Whiting, 10/8/10)
Touting the Record
by Victor Nieblas Pradis, AILA Secretary Yesterday, the secretary of homeland security, Janet Napolitano and the director of ICE, John Morton proudly announced they had broken a record—in fiscal year 2010, the Obama Administration deported 392,000 immigrants. That's good news for those who claim Ob
DHS Secretary Napolitano Announces FY2010 Immigration Enforcement Statistics
DHS press release announcing FY2010 enforcement statistics. ICE removed a record-breaking 392,000 individuals last fiscal year, including 195,000 convicted criminals.
DHS OIG FY2011 Annual Performance Plan
DHS OIG FY2011 Annual Performance Plan outlining new projects for the fiscal year. The plan includes projects related to I-130 and I-129 adjudications, SEVP, the T and U visa process, detention, and ICE policies on the use of race in enforcement actions.