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 Sets Aside Finding that Asylum Claim Was Frivolous
In a Nepalese asylum case, the court found that the IJ’s adverse credibility finding was supported by substantial evidence, but that the finding of frivolousness was procedurally unsound and not supported by a preponderance of the evidence. (Khadka v. Holder, 8/18/10)
Reporting Questions or Concerns on the New EOIR 1-800 Number
Deputy Chief Immigration Judge Michael McGoings states in an e-mail that callers wanting to report a question or concern regarding the new EOIR 1-800 number system should contact the Office of Legislative and Public Affairs.
ICE Replies to Sign-on Letter Expressing Concern with ICE Response to Utah “Blacklist”
Letter from ICE Director John Morton to National Immigrant Justice Center in response to 7/27/10 letter signed by AILA and other organizations to DHS on potential immigration enforcement actions related to a list of purported undocumented residents in Utah.
Yearbook of Immigration Statistics 2009: Tables on Immigration Enforcement
DHS Office of Immigration Statistics Yearbook of Immigration Statistics 2009 tables on Enforcement. The document includes Tables 33, 34, 35, 36, and 38 on DHS removal and return of foreign nationals.
AILA Requests EOIR to Suspend New Automated Case Information System
An 8/18/10 letter from AILA to EOIR Director Snow, requesting the agency to suspend implementation of the new automated case information system requiring both the charging document date and A# and to meet with AILA and other stakeholders before any changes.
CA7 Finds Jurisdiction to Review CAT Deferral of Removal Claims
Over dissent, the court found that neither INA §242(a)(2)(B) nor §242(a)(2)(C) bar jurisdiction to review claims regarding the denial of deferral of removal under CAT. (Issaq v. Holder, 8/17/10)
ICE Secure Communities Interoperability Statistics
ICE Secure Communities report on nationwide interoperability by conviction, which covers the period of 10/27/08 through 7/31/10. The report was released on the ICE FOIA website.
CA3 Defines the Aggravated Felony of "Sexual Abuse of a Minor"
The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43). (Restrepo v. Atty’ Gen. of the U.S., 8/16/10)
How to Find Charging Document Dates
EOIR page illustrating how to find the charging document date located on forms that start immigration proceedings. The charging document date is required to access case status information through the EOIR automated telephone system.
EOIR Announces Changes to Toll-Free Number for Case Information
Effective 8/23/10, EOIR will launch a new automated case status information system. The toll-free number, 1-800-898-7180, will not change, but a new local number, 240-314-1500, will be in service. Callers will need to enter the A number and date of the charging document.
ICE Arrests 63 Individuals in Arizona Cross Check Operation
ICE press release on the arrest of 63 foreign nationals with prior criminal convictions and immigration fugitives in a three-day enforcement operation in Arizona. The release includes information on the removal process for individuals arrested.
IACHR Finds U.S. Removal Proceedings Violated International Law
The Inter-American Commission on Human Rights found that the U.S. violated Petitioners' rights under the American Declaration on the Rights and Duties of Man by failing to consider humanitarian defenses to removal. (Smith and Armendariz v. U.S., 7/12/10). AILA Doc. No. 10081363.
BIA Companion Case to Cortez on Conviction for Crime Involving Moral Turpitude
The BIA held that a conviction for a crime involving moral turpitude does not render petitioner ineligible for cancellation of removal if crime is punishable by imprisonment for less than one year and falls under the petty offense exception. Matter of Pedroza, 25 I&N Dec. 312 (BIA 2010)
BIA Clarifies Almanza on Conviction for Crime Involving Moral Turpitude
The BIA held that a conviction for a crime involving moral turpitude for which a sentence of a year or longer may be imposed renders petitioner ineligible for cancellation of removal, regardless of eligibility for petty offense exception. Matter of Cortez, 25 I&N Dec. 301 (BIA 2010)
CA2 on BIA Jurisdiction to Reopen Under the Departure Bar
The court held that the BIA did not err in concluding that the departure bar under 8 CFR §1003.2(d) divested it of jurisdiction to consider a sua sponte motion to reopen where the petitioner had already been removed. (Zhang v. Holder, 8/12/10)
CA6 Says Petitioner’s Series of Job Losses in Kyrgyzstan Did Not Amount to Persecution
The court upheld the BIA’s denial of the petitioner’s asylum claim, finding that her series of job losses, which were a result of her opposition to the corruption of the wife of the former president of Kyrgyzstan, did not rise to the level of persecution. (Japarkulova v. Holder, 8/11/10)
CA7 Finds CIMT Charge Does Not Impact Aggravated Felony Bar to Relief
CA7 held that a petitioner was ineligible for a §212(c) waiver, finding that if he was removable on an aggravated felony charge, it was irrelevant whether he might be eligible for a waiver based on his separate charge for a CIMT. (Mancillas-Ruiz v. Holder, 8/11/10)
CA7 Reverses Denial of Colombian Asylum Claim
The court granted the petition for review and reversed the BIA’s denial of the petitioner’s asylum claim, holding that the petitioner was persecuted in the past on account of her anti-FARC political opinion. (Martinez-Buendia v. Holder, 8/10/10)
CA1 Dismisses Cancellation Case for Lack of Jurisdiction
The court found no jurisdiction to review the denial of cancellation of removal where the claimed error of law was not raised before the IJ or the BIA and other claims were challenges to factual findings. (Santana-Medina v. Holder, 8/10/10)
CA9 Discusses Time Calculation for Filing Petition for Review
The day after Thanksgiving is a legal holiday for purposes of calculating time for the filing of a petition for review under Federal Rules of Appellate Procedure 26(a). (Yepremyan v. Holder, 8/10/10)
BIA Finds Extreme Hardship to Teenage Daughter with Special Education Needs
Unpublished BIA decision finding respondent eligible for cancellation, as he established that his teenage daughter with special education needs and a young child would experience exceptional and extremely unusual hardship if he were removed. Courtesy of Diana M. Bailey.
ICE Request for Public Comment on Immigration Detainer Policy
ICE issued a request for public comments on a draft immigration detainer policy. ICE is interested in an assessment of how this policy would affect individuals, communities, the operation of the criminal justice system, and law enforcement partners. Comments are due 9/30/10.
CA1 Remands Citing DHS Child Asylum Guidelines
The court vacated the panel opinion and BIA decision with advice to the BIA to remand to the IJ for evaluation of the Honduran asylum claim in light of DHS Guidelines for Children’s Asylum Claims. Vacated 4/6/10 opinion follows order. (Mejilla-Romero v. Holder, 8/6/10)
CA7 Finds Failure to Appeal BIA Asylum Denial Limits Review
The court denied the petition for review and found that because petitioner did not appeal from the decision of the BIA on his asylum claim, the court was limited to reviewing the denial of his motion to reopen and reconsider (Victor v. Holder, 8/6/10)
CA7 Finds Failure to Exhaust Administrative Remedies in Withholding Claim
The court dismissed the petition for review, finding that the petitioner failed to exhaust administrative remedies by not preserving the individual-persecution argument for his withholding of removal claim on appeal to the BIA. (Aguilar-Mejia v. Holder, 8/6/10)