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
AILA Files Amicus Brief in Ninth Circuit Case, Nunez-Reyes v. Holder
AILA filed a joint brief with the National Immigration Project in the en banc case of Nunez-Reyes v. Holder. AILA argues that state rehabilitative relief for simple drug possessions will prevent a "conviction" for immigration purposes.
CA9 Finds California Misdemeanor False Imprisonment Is Not a CIMT
The court held that misdemeanor false imprisonment in violation of Cal. Penal Code §236 is not categorically a crime involving moral turpitude. (Saavedra-Figueroa v. Holder, 11/5/10)
CA10 Clarifies “Sua Sponte Exhaustion” Rule under Sidabutar
In order for Petitioner to pursue an argument never presented to the BIA, the BIA must (1) identify a claim not presented by the petitioner; (2) exercise its discretion to entertain it; and (3) decide the matter in a full opinion. (Garcia-Carbajal v. Holder, 11/5/10)
AILA Liaison/NBC Meeting Minutes (11/5/10)
The 11/5/10 meeting minutes address NBC’s latest updates including information on refund of I-290B filing fees for Service error, EAD filings and validity dates, I-485 information, recent changes to NBC processing of I-600/I-600A, and more.
ICE Comment Request on Proposed Bond Worksheet (Updated 11/5/10)
ICE 30-day comment request on the proposed ICE Form 71-022, Bond Worksheet, which is a precursor for preparing Form I-352. Comments are due 12/06/10. Related Resources include proposed worksheet. (75 FR 68371, 11/05/10) (75 FR 48984, 8/12/10)
Notice of Proposed Settlement and Hearing on Special Immigrant Juveniles
District court notice of a proposed settlement and hearing in a class action for Special Immigrant Juvenile (SIJ) applicants. The hearing is scheduled for 12/13/10 in the U.S. District Court for the Central District of California. (Perez-Olano v. Holder)
CA3 Finds INA §236 Conditional Parolees Are Not “Paroled” for Purposes of Adjustment
The court held that an alien released on conditional parole under INA §236 is not “paroled into the United States” for purposes of eligibility for adjustment of status under INA §245. (Delgado-Sobalvarro v. Att’y Gen. of the U.S., 11/2/10)
Privacy Impact Assessment on the ICE Electronic Surveillance System
DHS Privacy Impact Assessment (PIA) on the ICE Electronic Surveillance System (ELSUR) used to track and search for ICE applications for court orders that authorize ICE to intercept oral, wire, or electronic communications during the course of a criminal investigation.
Immigration Law Advisor, October 2010 (Vol. 4, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Third Circuit’s treatment of de novo review, sexual abuse, and res judicata, circuit court decisions for September 2010, recent BIA precedent decisions, and a regulatory update.
DOJ OIL October 2010 Litigation Bulletin
DOJ Office of Immigration Litigation October 2010 Bulletin includes an article on circuit court approaches to the demonstration of prejudice when an agency violates regulations, an asylum case on resistance to China’s coercive population control policies, and more.
ICE 287(g) Program Master Statistics List
ICE statistics on the 287(g) program including individuals identified for removal between 2006 and October 2011. ICE released the statistics on the online FOIA Reading Room.
BIA Remands for Consideration of Special Rule Cancellation Claim
In an unpublished decision, the BIA remanded for the IJ to consider respondent’s eligibility for special rule cancellation of removal under INA §240A(b)(2), where respondent testified that his U.S. citizen spouse was on probation for child abuse. Courtesy of Geoff Hoffman.
CA9 on False Claims to U.S. Citizenship and Continuous Physical Presence
The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)
CA9 Finds California Robbery Is a Crime Involving Moral Turpitude
The court found reasonable the BIA’s determination that robbery under Cal. Penal Code §211 is a crime involving moral turpitude for purposes of INA §212(a)(2)(A)(i)(I). (Mendoza v. Holder, 10/27/10)
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.
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)
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.
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)