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 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)
Memorandum of Points and Authorities in Support of Habeas Petition
Sample memorandum of points and authorities in support of petition for writ of habeas corpus and request for release from detention. (December 2010) (Complaint, Amendment, Other Briefing)
Final Report on the New York Immigrant Representation Program
Final report on the New York Immigrant Representation Program pursuant to LOP Task Order 32, Section D, compiled and analyzed by the Vera Institute of Justice.
VOICE: December 2010
The December issue of VOICE: An Immigration Dialogue features articles on Padilla, the new naturalization certificate and IJs, Kurzban’s haiku contest—and more! Also, meet the first Face of AILA and learn all about a new member benefit!
DOJ OIL November 2010 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) November 2010 Litigation Bulletin covers a CA9 finding that individuals in removal proceedings have a statutory right to access their A-File, exhaustion of administrative remedies under the INA, updates on pending cases, and more.
DOJ Directive on Use and Monitoring of DOJ Computers and Computer Systems
DOJ issued Order 2740.1A, Use and Monitoring of DOJ Computers and Computer Systems. This directive was amended by Policy Memorandum #2018-02 on 9/11/18.
CA7 Remands for CIMT Determination under Silva-Trevino
The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth in Matter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10)
BIA Finds TPS Grant Does Not Terminate Removal Proceedings
The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her TPS was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010)
CA7 Remands Cancellation Claim for Further Hardship Analysis
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)
SSA POMS List of Documents Establishing Lawful Status
SSA’s RM 10211.530 provides a chart of the documents that establish lawful status for the purpose of obtaining a SSN card.
Government Brief in Opposition Confirms USCIS Discretion to Adjust VWP Overstays
The Solicitor General's Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed.
AILA Liaison/EOIR Liaison Meeting Q&As (11/18/10)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 11/18/10. Topics include rule-making, the Immigration Judge selection process, motions to reopen, court procedures, detention/bonds, continuances, and the asylum EAD clock.
BIA Finds Colorado Child Endangerment is a Child Abuse Crime
The BIA held that a conviction under the child endangerment clause of Colo. Rev. Stat. 18-6-401(1)(a) is categorically a crime of child abuse under INA §237(a)(2)(E)(i), even though no proof of harm or injury is required. Matter of Soram, 25 I&N Dec. 378 (BIA 2010)
CA7 on Review of Administrative Closure Decisions
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
CA4 Says DHS Has Sole Authority over Naturalization Determinations
The BIA’s conclusion that proceedings may only be terminated based on the pendency of a naturalization application where DHS makes an affirmative statement of prima facie eligibility is not inconsistent with 8 CFR §1239.2(f). (Barnes v. Holder, 11/10/10)
District Judge Orders DHS to Permit Return of Family for Removal Hearing
The court directed DHS to allow Plaintiffs, who had been denied readmission on advance parole, to return to the U.S. for a removal hearing and an opportunity to renew their applications for adjustment of status. (Abdur-Rahman v. Napolitano, 11/10/10)
USCIS Response to the CIS Ombudsman's 2010 Annual Report to Congress
A 11/09/10 USCIS memo from Alejandro Mayorkas, Director, responding to the recommendations made in the CIS Ombudsman’s Annual Report to Congress. Topics include employment and family-based immigration, RFEs, removal proceedings, and immigration benefits for the military.
ICE Announces Death of Jamaican National in ICE Custody
ICE press release stating that a Jamaican national in ICE custody passed away at the Rapides Regional Medical Center in Alexandria, LA due to organ failure associated with T-cell lymphoma. He had been in ICE custody since December 2009.
ICE Announces Death of Mexican National in ICE Custody
ICE press release announcing the death of Antonio Gomez-Hernandez, a Mexican national, while in ICE custody. He passed away at Loyola University Medical Center after suffering liver failure. Gomez-Hernandez is the first immigrant to pass away in ICE custody in FY2011.
TRAC Report: ICE Seeks to Deport Wrong People
Transactional Records Access Clearinghouse (TRAC) report finding that the Immigration Courts have rejected an increasing proportion of cases in which ICE sought to remove individuals from the U.S.
CA9 on Right to A-File Documents in Removal Proceedings
The court found that INA §240(c)(2) which provides that the alien “shall have access” to non-confidential A-file documents compelled the government to provide such documents to Petitioner without requiring him to file a FOIA request. (Dent v. Holder, 11/9/10)
ICE Secure Communities Statistics for October 2010
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 10/31/10 released on the ICE FOIA electronic reading room.
CA6 Finds Jurisdiction over Late-Filed Petition for Review
The court found jurisdiction over a petition filed more than 30 days after the reinstatement order was entered, where the government withheld the order for seven months and Petitioner filed 16 days after obtaining it. (Villegas de la Paz v. Holder, 11/8/10)
CA6 Opines on “Mere Tardiness” as a Failure to Appear
The court dismissed Petitioner’s claim as administratively unexhausted, but implored its colleagues that when a similar case is next presented, to hold that slight tardiness to one’s hearing does not qualify as a failure to appear. (Camaj v. Holder, 11/8/10)
EOIR Swears in 23 New Immigration Judges (Updated 11/9/10)
EOIR press release on and biographies of 23 new immigration judges for courts in California, Colorado, Florida, Georgia, Hawaii, Illinois, Louisiana, North Carolina, New Jersey, New York, Oregon and Texas.