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 Finds State Offense for “Unlawful Sexual Intercourse with a Minor” Not Aggravated Felony
CA9 held that the offense of “unlawful sexual intercourse with a minor” under California Penal Code does not meet the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43)(A), which includes “sexual abuse of a minor.” (Pelayo-Garcia v. Holder, 12/14/09)
EOIR Fact Sheet: EOIR at a Glance
On 12/14/09, The Executive Office for Immigration Review (EOIR) issued a fact sheet on the structure of EOIR and a broad outline of EOIR’s responsibilities.
CA1 Affirms BIA Denial of Derivative Citizenship
The court rejected Petitioner’s claim that he qualified for derivative citizenship through his biological mother under the Child Citizenship Act and affirmed the BIA’s refusal to terminate proceedings. (Walker v. Holder, 12/11/09)
ICE Statement on the President’s FY 2009 Budget Request
On 02/28/08, ICE Assistant Secretary Julie Myers testified before the House Appropriations Committee Subcommittee on Homeland Security on the President’s FY09 ICE budget request. The budget request included funding for additional detention space, the 287(g) program, visa security program, and SEVIS.
DHS Secretary Testimony before the Senate Judiciary Committee on DHS Oversight
On 12/9/09, DHS Secretary Janet Napolitano testified before the Senate Judiciary Committee on oversight of DHS, including border issues, Secure Communities, ICE workplace enforcement, E-Verify, detention reform, naturalization, WHTI, US-VISIT, REAL ID, and comprehensive immigration reform.
BIA Finds IJ Erred in Refusing to Consider Underlying Facts of Conviction
The BIA vacated IJ decision and remanded finding that where facts underlying respondent’s conviction showed she knowingly assisted aliens to enter the U.S. in violation of law, clear and convincing evidence established she removability. Matter of Martinez-Serrano, 25 I&N Dec. 151 (BIA 2009)
ICE Policy Directive: Parole of Arriving Aliens Found to Have a Credible Fear of Persecution or Torture
On 12/8/09, ICE released policy directive 11002.1 regarding the granting of parole for arriving aliens found to have a credible fear of persecution or torture.
ICE Memorandum on National Fugitives Operations Program: Priorities, Goals, and Expectations
A 12/08/09 ICE memo from John Morton, Assistant Secretary, clarifies the enforcement priorities of the National Fugitives Operations Program within the Office of Detention and Removal Operations. This memo supersedes previously issued fugitive operations guidance.
Article Outlines New Surviving Relative Legislation
This article by Brent Renison of Surviving Spouses Against Deportation outlines measures under DHS Appropriations Act for FY2010 that expand the right of survivors to obtain permanent resident status despite the death of a qualifying relative.
DHS OIG Report on Age Determination Practices for Unaccompanied Alien Children in ICE Custody
DHS OIG issued a report on age determination practices for unaccompanied alien children in ICE custody, concluding that ICE recognizes the limits of dental or skeletal radiographs and strives to obtain additional information for age determinations.
CA2 Finds CT 2nd Degree Larceny Is an Aggravated Felony
The court held that second-degree larceny in violation of Conn. Gen. Stat. §53a-123 is a “theft offense” under INA §101(a)(43)(G) and is therefore, an aggravated felony. (Almeida v. Holder, 12/8/09)
CA2 Finds Due Process Denial Where BIA Invoked Uncharged Removal Grounds
The court vacated the BIA's order of removal, finding Petitioner was deprived of due process when the BIA sua sponte invoked uncharged INA §101(a)(43)(U) as a basis for removal under section 237(a)(2)(A)(iii). (Pierre v. Holder, 12/8/09)
CA9 on Corroboration under the REAL ID Act in Asylum Case
CA9 denied petition, finding that the BIA properly required corroboration of petitioner's testimony under the REAL ID Act. (Aden v. Holder, 12/8/09)
DHS Issues DRO Reports on Asylum Applicants in Detention
On 12/4/09, DHS issued Detention and Removal Operations reports on asylum applicants in detention and detainees who did not apply for asylum as required by Sections 903 and 904 of the Haitian Refugee Immigration Fairness Act (Public Law 105-277).
List of ICE Detention Facilities (12/04/09)
ICE provided list of Detention Facilities as of 12/04/09.
CA8 Finds State Conviction for Making Terroristic Threats Constitutes Aggravated Felony
CA8 denied petition finding petitioner's conviction under Minnesota law for making terroristic threats constituted an aggravated felony because it involved a crime of violence. (Olmsted v. Holder, 12/4/09)
DHS OIG Report on Medical Care for Detainees
On December 22, 2009, the Office of Inspector General for the Department of Homeland Security released a report originally issued on December 3, 2009, looking at ICE’s process for authorizing medical care for immigration detainees.
CA2 Affirms Denial of Citizenship Based on Attempted Bank Fraud Conviction
The court affirmed summary judgment, finding Plaintiff was statutorily barred from naturalizing because of his aggravated felony conviction of attempted bank fraud. (Ljutica v. Holder, 12/3/09)
TRAC Report on ICE Detention Facility Transfers
A Transactional Records Access Clearinghouse (TRAC) report indicates that the number of individuals held in ICE custody in FY2009 is estimated at 369,483 detainees, more than twice the FY1999 total. And that an increasing proportion of all detainees are being transferred.
CA2 on Well-Founded Fear and Government’s Awareness of Banned Activities
The court vacated the denial of asylum and remanded with instructions to provide Petitioner an opportunity to submit any additional evidence "as to the Chinese government's likely future awareness of his involvement with the CDP." (Ge v. Holder, 12/2/09)
CA9 Finds IJ Denied Full and Fair Hearing in Removal Case
CA9 granted petition and remanded with instructions to order a new hearing before the IJ, finding denial of continuance in conjunction with limitations placed on testimony prevented petitioner from full and fairly presenting case. (Rendon v. Holder, 12/2/09)
DOJ OIG Issues Semiannual Report to Congress
On 12/01/09, DOJ OIG issued its Semiannual Report to Congress for the period of 4/1/09 – 9/30/09. The report includes the results of investigations of detention centers operated by the Federal Bureau of Prisons.
Immigration Law Advisor, November 2009 (Vol. 3, No. 11)
Immigration Law Advisor with an article on the current status of 212(c) and Abebe v. Holder, federal court activity and BIA precedent decisions for October 2009, and an article on deference to non-precedent decisions from the BIA and Joseph v. Holder.
BIA Finds Stepchild is Qualifying Relative for Evaluating Hardship
The BIA found that a stepchild who meets the definition of a “child” under the INA is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009)
Person Detained by ICE Passes Away at York Hospital
On 11/21/09, Sebastian Padilla-Perez, a 72-year-old citizen and national of Cuba, who was in ICE custody on immigration violations, passed away at York Hospital in PA.