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
HRW and ACLU Report on Detention and Deportation
A report from Human Rights Watch and the American Civil Liberties Union on “Deportation by Default: Mental Disability, Unfair Hearings and Indefinite Detention in the US Immigration System."
ICE Online Detainee Locator System (ODLS) Brochure
ICE issued a brochure for the public on the Online Detainee Locator System (ODLS). The brochure includes answers to questions on how to use the search, the definition of the term “in custody,” individuals who are not included in the system, and using the information.
ICE Online Detainee Locator System (ODLS) Website
The ICE Online Detainee Locator System is a searchable online database to locate a detainee who is currently in ICE custody, or who was released from ICE custody for any reason within the last 60 days. The system cannot search for records of persons under the age of 18.
ICE Announces Launch of Online Detainee Locator System
ICE announced the launch of the Online Detainee Locator System (ODLS), a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detainees in ICE custody. The ODLS website address is http://www.ice.gov/locator.
CA1 Finds Jurisdiction to Review BIA Denial of Equitable Tolling
The court found jurisdiction to review the BIA’s decision to deny equitable tolling of the time and number limitations on the motion to reopen, but not to review the BIA’s refusal to sua sponte reopen. (Neves v. Holder, 7/21/10)
ICE Detainee Passes Away at Orleans Parish Prison
ICE reported that a 28-year-old El Salvadoran national being held in ICE custody was pronounced dead on 7/18/10 at Orleans Parish Prison after an apparent suicide. DHS' Office of the Inspector General is conducting a review of the circumstances surrounding his death.
CA9 Interprets “Final Administrative Order” for Motions to Reopen
The denial of a motion to reconsider does not qualify as a “final administrative order of removal” for purposes of the 90-day time limitation on filing motions to reopen under INA §240(c)(7)(C)(i). (Vega v. Holder, 7/19/10)
BIA Finds Virginia Assault and Battery Is Not Categorically a Crime of Domestic Violence
The BIA remanded, holding that a misdemeanor offense of assault and battery of a family member in violation of the VA Code Annotated is not categorically a crime of domestic violence within the meaning of INA § 237(a)(2)(E). Matter of Velasquez, 25 I&N Dec. 278 (BIA 2010)
CA5 Finds BIA Overstated Scope of Stipulation in Prior §212(c) Proceeding
The court vacated the BIA’s decision and remanded, finding that the BIA’s conclusion that Petitioner had stipulated that a 2001 conviction would be excluded from coverage under a previously granted §212(c) waiver was incorrect. (Enriquez-Gutierrez v. Holder, 7/16/10)
USCIS News Release & Q&As on 10,000 U Visas Approved in FY 2010
This USCIS news release and list of answers to questions on U Visas addresses the approval of 10,000 U visas in FY 2010, new petitions, conditional approval, removal proceedings and final orders of removal, issuance of U Visas for FY 2011 and the annual cap.
ICE 30-Day Extension of Comment Request on Form I-333
ICE 30-day extension of the information collection on Form I-333, Obligor Change of Address. Written comments are due 9/16/10. (75 FR 41213, 07/15/10) (75 FR 24720, 5/5/10)
CA7 Remands Chinese Asylum Case on “One-Child” Policy
The court remanded the asylum case of a petitioner opposed to China’s “one-child” policy, finding that the BIA overlooked the critical facts, and then it unconvincingly denied having overlooked them. (Li v. Holder, 7/15/10)
CA7 Weighs in on 8 CFR §1003.2(d) “Departure Bar”
The court held that 8 CFR §1003.2(d) does not bar BIA jurisdiction over motions to reopen/reconsider where the alien departed the U.S. under an order of removal because an agency may not contract its own jurisdiction by regulation. (Marin-Rodriguez v. Holder, 7/14/10)
CA9 Finds California Penal Code §273.5(a) is a Domestic Violence Crime
A conviction for “corporal injury to a spouse/cohabitant” in violation of California Penal Code §273.5(a) is categorically a crime of domestic violence under INA §237(a)(2)(E)(i). (Banuelos-Ayon v. Holder, 7/14/10)
CA9 Remands Motion Claiming Lack of Notice of BIA Decision
The BIA abused its discretion by denying Petitioner’s motion to reissue its underlying decision, without considering the weight of Petitioner’s declaration to rebut the presumption of notice and accompanying change of address. (Hernandez-Velasquez v. Holder, 7/14/10)
EOIR Memo on FY2010 Case Completion Goals
A 7/14/10 memo from Brian M. O’Leary, Chief Immigration Judge, announcing EOIR’s FY2010 Case Completion Goals, including goals for detained cases, bond hearings, expedited asylum cases, credible fear reviews, Institutional Hearing Program, and more. Courtesy of Jesse Maanao.
CA11 Requires Fact-Specific Inquiry to Rebut Past Persecution in Withholding Claim
Whether a fundamental change has occurred to rebut past persecution for withholding of removal is a fact-specific inquiry, tailored to the petitioner’s claim. It is insufficient to rely on information about general country changes. (Imelda v. U.S. Att’y Gen., 7/12/10)
CA7 Remands Asylum Claim of Falun Gong Practitioner
The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)
CA6 on False Representation of Citizenship to Procure Employment
The court held that a false representation of citizenship by an alien for the purpose of obtaining private employment is a “purpose or benefit” under the INA, done, at the very least, for the “purpose” of evading §1324a’s provisions. (Ferrans v. Holder, 7/12/10)
Draft USCIS SOP for Granting Deferred Action
Draft USCIS standard operating procedures for handling requests for deferred action.
CA5 Finds Passport Stamp Not Proof of Lawful Re-entry
The court denied the petition, holding that the petitioner’s passport stamp did not establish lawful reentry and, therefore, there was no affirmative evidence to undermine the IO’s finding that the petitioner unlawfully re-entered. (Anderson v. Napolitano, 7/9/10)
CA5 Finds Parents Born in Former U.S. Territory Not USCs
The court agreed with the reasoning of the Second, Third, and Ninth Circuits, and held that persons born in the Philippines during its status as a U.S. territory were not born “in the United States” under the 14th Amendment. (Nolos v. Holder, 7/9/10)
CA7 Raises Concern on Attorney Failure to Meet Deadlines in Asylum Case
The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)
CA1 Declines to Exercise Jurisdiction Based on Voluntary Departure Regulation
The court dismissed the petition for review, declining to permit the petitioner to circumvent 8 CFR §1240.26(i) by allowing him to seek both voluntary departure and judicial review. (Hakim v. Holder, 7/9/10)
CA10 Lacks Jurisdiction to Review BIA’s Credibility Determination
The court found that INA §242(a)(2)(B)(ii) and INA §216(c)(4) deprive it of jurisdiction to review the BIA’s credibility determination or its weighing of the evidence found to be credible in a conditional residence waiver case. (Iliev v. Holder, 7/19/10)