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
Verified Application for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief
Sample verified application for writ of habeas corpus and complaint to remedy Petitioner’s unlawful and unreasonably long detention. (January 2010) (Verified Application)
CA4 Affirms BIA Denial of Motion to Reopen in Asylum Case Pursuant to Removal
The court found that BIA did not abuse its discretion in denying asylum based on the statutory requirement that one must be present in the U.S. to be eligible for asylum. (Sadhvani v. Holder, 12/31/09).
CA5 Finds State Felon-in-Possession Offense Conviction Constitutes Aggravated Felony
CA5 affirmed denial of petition for cancellation of removal, finding that state felon-in-possession offenses need not have an interstate commerce element in order for the offense to be an offense “described in” 18 U.S.C. § 922(g)(1). (Hernandez v. Holder, 12/30/09)
Report on Detention of Refugees in the U.S. Who Fail to Adjust
On 12/29/09, Human Rights Watch issued a report titled “Jailing Refugees Arbitrary Detention of Refugees in the US Who Fail to Adjust to Permanent Resident Status.” The report recommends changing U.S. law to close the legal loophole that allows for detaining these refugees.
CA5 on Establishing Required Period of Residency for Cancellation of Removal
CA5 affirmed, finding petitioner ineligible for cancellation of removal based on failure to establish required period of residency under INA §240A(a). CA5 found the rationale of CA3 in Augustin persuasive in rejecting petitioner’s arguments. (Deus v. Holder, 12/23/09)
CA1 on Mandatory Detention Following Release from non-DHS Custody
The court held that the INA contemplates mandatory detention following release from non-DHS custody for a specified offense, not merely any release from non-DHS custody. (Saysana v. Gillen, 12/23/09)
AILA Files Amicus Brief in the Supreme Court in Kiyemba v. Obama
AILA filed an amicus brief in the Supreme Court in the case Kiyemba v. Obama, arguing that immigration law poses no meaningful barrier to the petitioners’ release from detention into the U.S. pursuant to the District Court’s habeas corpus authority.
CA9 Finds Immigration Court Erred by Failure to Serve Counsel of Record with Hearing Notice
CA9 reversed BIA decision that adopted IJ’s in absentia removal order and granted petition, finding that the immigration court erred because it did not serve petitioner's counsel of record with a hearing notice. (Hamazaspyan v. Holder, 12/21/09)
CA6 Affirms BIA Finding on Failure to Show Exceptional Circumstance for Missed Hearing
CA6 affirmed BIA denial of motions to reopen, finding that even if petitioner’s motions were found to be timely, he would not be entitled to relief because he has not shown that he missed his hearing due to exceptional circumstances. (Acquaah v. Holder, 12/18/09).
CA2 on Selective Enforcement Based on National Origin, Race, or Religion
The court affirmed the order partially dismissing the complaint where there was no clearly established equal protection right to be free of selective enforcement of immigration laws at the time of detention. (Turkmen v. Ashcroft, 12/18/09)
ICE Issues New Procedures for Asylum Seekers Seeking Release From Detention
On December 16, 2009, ICE announced plans to release arriving aliens who have a credible fear of persecution or torture and are currently detained. The new policy will go into effect January 4, 2010. A Fact Sheet follows the News Release.
NBC Liaison Committee Practice Tip: Filing for EAD When in Proceedings
AILA’s NBC Liaison committee provides a practice tip on what documents are acceptable as proof that an I-485 is pending before an immigration judge when applying for an EAD with NBC. AILA Doc. No. 09121560.
USCIS Fact Sheet on Processing Applications of Widow(er)s of Deceased U.S. Citizens
USCIS issued a fact sheet on the processing of applications of widow(er)s of deceased U.S. citizens. The fact sheet includes a list of questions and answers on issues including filing, employment authorization, children and removal proceedings.
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)
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)
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.