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
CA8 Says District Court May Review I-130 Denial
In light of the Supreme Court decision Kucana v. Holder, the court held that the bar to judicial review of discretionary decisions under INA §242(a)(2)(B)(ii) does not preclude district court review of an I-130 denial. (Ginters v. Frazier, 8/5/10)
Summary of the Emergency Border Security Supplemental Appropriations Act of 2010 (H.R. 5875)
AILA summary of the Emergency Border Security Supplemental Appropriations Act of 2010 (H.R. 5875) as amended by the Senate on 8/5/10.
Senate Passes $600 Million Emergency Border Security Bill
On 8/5/10, the Senate amended and passed the Emergency Border Security Supplemental Appropriations Act of 2010 (H.R. 5875).
CA8 Finds Misuse of a Social Security Number is a Crime of Moral Turpitude
The court gave deference to the BIA’s interpretation and found reasonable its conclusion that misuse of a social security number in violation of 42 USC §408(a)(7)(B) is a crime involving moral turpitude. (Guardado-Garcia v. Holder, 8/4/10)
CA8 Finds §212(a)(9)(C)(i)(I) Inadmissibility Trumps §245(i)
The BIA’s decision in Matter of Briones, which held that aliens inadmissible under INA §212(a)(9)(C)(i)(I) are not eligible for §245(i) adjustment of status, was a reasonable interpretation of ambiguous statutory provisions. (Renteria-Ledesma v. Holder, 8/4/10)
CA2 on the Fugitive Disentitlement Doctrine
The court held the government's motion to dismiss based on the fugitive disentitlement doctrine in abeyance, finding that the motion is more appropriately considered after the parties have fully briefed and argued the merits of the case. (Wu v. Holder, 8/4/10)
CA6 Finds BIA Rejection of Pro Se Brief Did Not Prejudice Decision
The court denied the petition for review, finding that the petitioner failed to demonstrate prejudice where the BIA rejected his pro se brief and he failed to resubmit the brief when he obtained counsel and filed the motion to reconsider. (Ikharo v. Holder, 8/2/10)
CA6 on Ineffective Assistance of Counsel and Equitable Tolling
The court remanded an ineffective of assistance of counsel claim in an asylum case, holding that the BIA abused its discretion in finding that petitioner did not show due diligence. (Mezo v. Holder, 8/2/10)
EOIR Opens Immigration Court in Pearsall, Texas
EOIR press release on the opening of the Pearsall Immigration Court in Texas including the mailing address for court filings, court location, hours of operation and telephone number.
ICE Interim Policy on Immigration Detainers
ICE policy memo, effective 8/2/10, establishing ICE’s interim policy on the issuance of civil immigration detainers, including when immigration officers can issue detainers, the procedures immigration officers should use to issue detainers, and more.
USCIS Response to AILA Inquiry on Draft Internal Memo Leak
USCIS statement regarding the unauthorized release of a draft internal memorandum discussing administrative relief options in the absence of comprehensive immigration reform.
TRAC Finds Current ICE Removals Exceed Numbers under Bush Administration
TRAC report finding that ICE data shows a 10% increase between the number of noncitizens removed during the first nine months of FY2010 as the result of ICE enforcement compared to the same period in FY2008, the last fiscal year of the Bush administration.
DOJ OIL July 2010 Litigation Bulletin
DOJ Office of Immigration Litigation July 2010 Bulletin covers the application of the Fourth Amendment exclusionary rule in removal proceedings, Guatemalan women as a particular social group for purposes of asylum, and summaries of court decisions.
DHS Annual Report on 2009 Immigration Enforcement Actions
Office of Immigration Statistics Annual Report on immigration enforcement actions including information on the apprehension, detention, return, and removal of foreign nationals during 2009.
2009 Yearbook of Immigration Statistics
DHS Office of Immigration Statistics 2009 Yearbook of Immigration Statistics. Report includes tables on legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR
Undated USCIS draft memorandum offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization.
BIA Finds Grant of Family Unity Program Benefits is Not an “Admission”
The BIA held that a grant of Family Unity Program benefits does not constitute an “admission” under INA §101(a)(13)(A) for purposes of establishing 7-year continuous residence requirement for cancellation of removal eligibility. Matter of Reza-Murillo, 25 I&N Dec. 296 (BIA 2010)
Oh Come On Now!
I'll admit it. It's summer and I'm cranky. But, come on people. Not another outbreak of hypocrisy on immigration! We've watched while agency officials pulled apart the law to find ways to make illegal the status of people here legally or struggling to attain legal status. Making Muslim men register,
CA3 Remands for Clarification or Reconsideration of Hardship in Cancellation Case
The court found that the BIA may have impermissibly applied Matter of Recinas, focusing on the number of qualifying relatives for hardship purposes instead of the hardship to Petitioner’s sole qualifying relative. (Pareja v. U.S. Att’y Gen., 7/29/10)
ICE Arrests 75 Foreign Nationals with Criminal Records in VA and DC
ICE press release on the arrests of 75 foreign nationals with criminal records in Virginia and Washington, DC, following two ICE enforcement operations. The release includes information on the removal process for individuals arrested.
CA1 Denies Asylum Claim of Former Cambodian Police Officer
The court held that fears resulting solely from past conduct as an honest police officer and potential victimization by corrupt police officers and criminals in the future does not qualify as persecution based on one of the protected grounds. (Ly v. Holder, 7/28/10)
DOJ OIL June 2010 Litigation Bulletin
DOJ Office of Immigration Litigation released its June 2010 Bulletin, which includes an article analyzing the declining percentage of published asylum-related government wins in the Eleventh Circuit, litigation highlights, and summaries of federal court decisions.
BIA Reaffirms Areguillin Interpretation of “Admitted” in INA §101(a)(13)(A)
The BIA held that for purposes of establishing adjustment of status eligibility under INA §245(a), an alien seeking to show that he or she has been “admitted” to the U.S., need only prove procedural regularity in his or her entry. Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010)
CA11 Remands Finding No “Reason to Believe” Petitioner Was a Drug Trafficker
The court held that a vacated conviction that was based on a guilty plea combined with hearsay statements from police reports did not provide enough reason to believe that the petitioner trafficked in a controlled substance. (Garces v. U.S. Att’y Gen., 7/27/10)
CA9 Discusses “Unable or Unwilling” Standard for Nongovernmental Persecution
In a Ghanaian religious persecution case, the BIA erred in its “unable or unwilling” analysis by ignoring evidence favorable to Petitioner, misstating Petitioner’s testimony, and treating police reports made by others as irrelevant. (Afriyie v. Holder, 7/26/10)