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
BIA Finds Single Petty Offense Conviction Does Not Trigger Stop-Time Rule
The BIA held that a conviction for a single crime involving moral turpitude that qualifies as a petty offense is not an “offense referred to in section 212(a)(2)” of the INA for purposes of triggering the stop-time rule. Matter of Garcia, 25 I&N Dec. 332 (BIA 2010)
DOS Releases New Edition of “The Consular Notification and Access Manual”
DOS announcement that the third edition of “The Consular Notification and Access Manual” has been published and is available free of charge.
EOIR Fact Sheet: Observing Immigration Court Hearings
EOIR 09/09/10 fact sheet on observing immigration court hearings. Topics include when hearings may be closed to the public, instructions to follow before going to observe a hearing, and related links.
EOIR at a Glance Fact Sheet
EOIR 09/09/10 fact sheet that provides an agency overview for general informational purposes only. Topics include removal proceedings, other hearings and reviews, IJ decisions, appeals, and related links.
OIG Report on CBP Treatment of Unaccompanied Minors
DHS Office of Inspector General (OIG) September 2010 report on compliance by Customs and Border Protection (CBP) with the Flores v. Reno Settlement Agreement in the treatment of unaccompanied minors in its custody.
CA3 on BIA Standards of Review in Asylum Cases
The court held that the BIA's prior interpretation of §1003.1(d)(3) cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)
CA9 Reverses Course on “Exceptional Circumstances” (Updated 4/7/11)
On rehearing, the court found that its original opinion interpreted the “exceptional circumstances” safe harbor for aliens removed in absentia too broadly and dismissed the petition for review. Original opinion follows. (Vukmirovic v. Holder, 4/6/11)
ICE Arrests Two Individuals For Impersonating CBP Officers
ICE announces the arrest of two individuals for impersonating U.S. Customs and Border Protection officers as part of an “advance fee” scheme. The defendants admitted to posing as CBP agents and officers in a conspiracy which contacted victims through the internet.
CA7 Denies Relief to Family Caught Up in Operation Durango
The court denied relief where Petitioners received I-551 stamps from an undercover agent as part of a sting to target corrupt immigration officials, because the stamp was only provided to give the appearance of legitimacy to the operation. (Mozdzen v. Holder, 9/7/10)
CA6 Affirms Dismissal of Citizen Child’s Challenge to Mother’s Removal
The court held that under INA §242(g) no federal court had the authority to review a removal order of a citizen child’s mother to determine whether a violation the child’s constitutional rights renders his mother’s removal order invalid. (Hamdi v. Napolitano, 9/7/10)
CA2 Finds NY Conviction for Sexual Misconduct Is an Aggravated Felony
A conviction for sexual misconduct under New York Penal Law §130.20(1) qualifies as “sexual abuse of a minor” and is an aggravated felony under INA §101(a)(43)(A). (Ghanzi v. Holder, 9/7/10)
ICE Repatriates 96 Foreign Nationals to Asia
ICE announces the repatriation of 96 foreign nationals to Asia on a chartered flight originating in Seattle including 66 with criminal convictions. ICE returned individuals to the Philippines, Vietnam, Indonesia, Malaysia, Japan, and Cambodia.
ICE Secure Communities Monthly Interoperability Statistics
ICE Secure Communities monthly interoperability statistics through 8/31/10 released on the ICE FOIA website.
CA2 Transfers Petitions to District Courts for Habeas Review
The REAL ID Act of 2005 did not divest district courts of habeas jurisdiction to consider petitioners’ claims that they were prevented by circumstances beyond their control from filing timely petitions for review. (Luna v. Holder, 9/3/10)
CA9 Finds Nevada Assault with a Deadly Weapon is a Crime of Violence
The court held that a conviction for assault with a deadly weapon under Nevada Revised Statutes §200.471 is categorically an aggravated felony crime of violence. (Camacho-Cruz v. Holder, 9/2/10)
CA9 Finds No Jurisdiction to Review IJ’s Decision to Terminate (Amended 5/9/11)
The court distinguished Lolong v. Gonzales and found that it lacked jurisdiction over the petition for review because the IJ’s decision to terminate proceedings resulted in no final order of removal. (Galindo-Romero v. Holder, 9/2/10)
EOIR Completes Digital Audio Recording Implementation
EOIR announcement that it has completed the installation of its Digital Audio Recording (DAR) system in all of its courtrooms. At the conclusion of a hearing, DAR allows for recordings to be available sooner.
TRAC Report: Asylum Denial Rate Drops to Twenty-Five Year Low
TRAC report finding that DOJ data shows Immigration Judges asylum denial rates have reached the lowest level in the last 25 years. The webpage includes links to the full report and 253 separate reports covering individual Immigration Judges updated through June 2010.
Immigration Law Advisor, July-August 2010 (Vol. 4, No. 7)
Immigration Law Advisor, a EOIR legal publication, with an article on Padilla v. Kentucky, federal court activity for June and July 2010, an article on accessing the jurisdiction provisions of the REAL ID act, recent BIA precedent decisions, and a regulatory update.
DOJ OIL August 2010 Litigation Bulletin
DOJ Office of Immigration Litigation August 2010 Bulletin covers terrorist exemptions under the INA, whether women in China who have been subjected to forced marriage and involuntary servitude can constitute a particular social group for purposes of asylum, and more.
CA9 Finds Jurisdiction to Review the BIA’s Denial of a Motion to Reopen
The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)
DOS Manual: Consular Notification and Access (Updated 9/14/10)
DOS guidance relating to the consular notification obligations of federal, state, and local officials when a foreign national is arrested and detained, requires a guardian, dies or is seriously injured, or is involved in a ship wreck or plane crash on U.S. territory.
Resources on Matter of Legaspi
Resources on the Matter of Legaspi, where the BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Includes AILA amicus brief and government brief.
BIA Finds Spouse of Grandfathered 245(i) Derivative Is Not Independently Grandfathered
The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi, 25 I&N Dec. 328 (BIA 2010)
CA7 Remands for Consideration of Psychological Persecution of Parents in FGM Case
The court directed the BIA to address Petitioner’s claim that FGM of her U.S. citizen daughter would constitute direct psychological persecution of the parents. (Kone v. Holder, 8/31/10)