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
CA9 on Burden to Show Conviction of a Disqualifying Controlled Substance Offense
CA9 granted in part and remanded for further proceedings consistent with Sandoval-Lua to permit government to put forth reliable evidence to show petitioner was convicted of disqualifying controlled substance offense. (Esquivel-Garcia v. Holder, 1/28/10)
Sign-On Letter Urging ICE to Take Immediate Steps in Response to Detainee Deaths
AILA and AIC joined other organizations in a letter to ICE Assistant Secretary Mr. John Morton on ICE’s response to detainee deaths that urges and provides short-term recommendations for immediate concrete steps to bring greater accountability.
BIA Reaffirms Matter of Briones on Ineligibility for §245(i) Adjustment of Status
The BIA held that an alien who is inadmissible under INA §212(a)(9)(C)(i), is ineligible for adjustment of status under INA §245(i). Matter of Briones, 24 I&N Dec. 355 (BIA 2007) reaffirmed. Matter Diaz and Lopez, 25 I&N Dec. 188 (BIA 2010)
BIA on Stepparent Qualification as “Parent” to Establish Hardship under INA §240A(b)(1)(D)
The BIA held that a stepparent who qualifies as a “parent” under INA §101(b)(2), at time of proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under INA. Matter of Morales, 25 I&N Dec. 186 (BIA 2010)
CA9 Finds Material Witnesses for Government Do Not Constitute Protected Social Group
The court denied application for asylum, withholding of removal and relief under CAT, finding that material witnesses for the government do not constitute a protected social group (Velasco-Cervantes v. Holder, 1/27/10)
ORR State Letter on "Cuban and Haitian Entrants" Eligibility for ORR-Funded Benefits and Services
ORR issued a state letter that reviews the definition of "Cuban and Haitian entrant" as it applies to Haitian nationals and clarifies the acceptable documentation these individuals may present when they apply for ORR-funded benefits and services.
Fact Sheet on EOIR’s Legal Orientation and Pro Bono Program
On 1/27/10, EOIR issued a fact sheet on its Legal Orientation and Pro Bono Program, which includes four initiatives: the Legal Orientation Program (LOP), the BIA Pro Bono Project, the Unaccompanied Alien Children Initiative and the Model Hearing Program.
Matter of Neto
AILA Amicus Committee alert on Matter of Neto, where the Board held that Immigration Judges and the Board have jurisdiction to determine whether a job is “portable” under INA 204(j).
Matter of T-, Oral Argument at BIA
AILA Amicus Committee alert on oral arguments in Matter of T-, a case in which AILA appeared as amicus along with the American Immigration Council and the Northwest Immigrant Rights Project.
BIA Finds Death of Petitioning Spouse in Conditional Period Excuses I-751 Joint Filing Requirement
The BIA held that a conditional permanent resident seeking to remove conditional basis of status, who timely filed and appeared for interview, doesn’t need separate hardship waiver if petitioning spouse died in the two-year conditional period. Matter of Rose, 25 I&N Dec. 181 (BIA 2010)
CA4 Finds IJ Committed Substantial Legal Error in Rejecting Certain Corroborating Evidence of Asylum Applicant
CA4 granted petition for review, vacated BIA decision, and remanded asylum case, finding that IJ committed substantial legal error in rejecting certain of petitioner’s corroborating evidence (Marynenka v. Holder, 1/25/10).
CA4 Finds District Court Lacks Jurisdiction to Consider Denial of Adjustment of Status
CA4 held that the district court lacked jurisdiction to entertain petitioner’s challenge to USCIS District Director’s eligibility determination and denial of adjustment of status. (Lee v. United States Citizenship and Immigration Services, 1/25/10).
CA6 Finds Convictions under 18 U.S.C. § 371 and 1001 Constitute Aggravated Felonies
CA6 held that petitioner's convictions under 18 U.S.C. § 371 and 1001 for making and conspiracy to make, false statements to a U.S. agency constituted aggravated felonies, rendering him ineligible for cancellation of removal. (Kellerman v. Holder (1/25/10).
ICE Releases List of Deaths in Detention
As a result of a FOIA request, ICE recently released a list of non-citizens that have died in immigration detention.
If You’re Not Outraged By ICE Detention Policies, You’re Not Paying Attention
Buried in the local news section of the New York Times on Wednesday was yet another disturbing report about the treatment of immigrant detainees by US Immigration and Customs Enforcement. http://bit.ly/5df4fp. Detainees at the Varick Street Detention Center in Lower Manhattan reportedly went on a hu
AILA and AIC Amicus Brief Addresses Supreme Court Brand X Decision
AILA, AIC, and Northwest Immigrants Rights Project, submitted an amicus brief in the Supreme Court case In Re Tan, arguing that the BIA must follow 9th Circuit law because the “disfavored group” analysis is mandated by the plain, unambiguous language of the statute.
U.S. Sentencing Commission Publishes Amendments to Sentencing Guidelines
The United States Sentencing Commission published proposed amendments to sentencing guidelines that would affect aliens convicted of re-entry violations. Comments are due 03/22/10. (75 FR 3525, 01/21/10)
BIA Vacates Matter of Perez-Vargas; Finds IJs Have Jurisdiction Over §204(j) Portability Decisions
The BIA held that IJs can decide if an I-140 petition remains valid under INA §204(j) after the beneficiary changes jobs or employers. BIA adopted arguments of AIC, argued in an amicus brief signed by AILA, and the parties. Matter of Neto, 25 I&N Dec. 129 (BIA 2010)
ICE Testimony and Suggestions for Federal Sentencing Guidelines Changes
On 1/20/10, ICE testified before the U.S. Sentencing Commission. ICE suggestions included raising the base level of the alien smuggling offense, updating penalties to reflect large-scale immigration operations, and creating an incentive for aliens to agree to stipulated removal orders.
CA7 Finds VWP Waiver of Due Process Rights Must be Knowing and Voluntary
CA7 held that alien’s waiver through Visa Waiver Program of due process rights to which he or she would otherwise be entitled must be knowing and voluntary. The court denied petition, finding petitioner could not demonstrate prejudice (Bayo v. Napolitano, 1/20/10)
CA9 Holds Physical Removal of Petitioner by U.S. Does Not Preclude Motion to Reopen
CA9 granted petition, finding that BIA cannot deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion. (Coyt v. Holder, 1/20/10)
CA9 Finds Cal. Penal Code §246 Is Not Categorically a Crime of Violence
The court held that shooting at an inhabited dwelling or vehicle in violation of Cal. Penal Code §246 is not categorically a crime of violence as defined under 18 USC §16(b). (Covarrubias Teposte v. Holder, amended 1/20/11)
Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen
The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to hear the appeal. (Kucana v. Holder, 1/20/10)
CA9 Remands for Determination on Additional Types of Evidence under Nijhawan Standard
CA9 upheld removal order for Akio Kawashima and remanded with respect to Fusako Kawashima for BIA to determine what additional types of evidence may be considered in light of Supreme Court’s holding in Nijhawan v. Holder. (Kawashima v. Holder, 1/17/10)
ICE to Suspend the Use of Varick Facility to House Detainees
On 1/14/10, ICE announced that it will suspend its detention operations at the Varick Federal Detention Facility. Detainees currently housed at Varick will move to another facility in the New York metropolitan area.