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
CA1 Rejects Social Group Claim of Senegalese Woman
The court held that women who had a child out of wedlock, and are considered adulterers because they gave birth to a child allegedly not their husband’s and have been abused by their husbands is not a protected social group. (Faye v. Holder, 9/2/09)
MPI Report on Immigration Detention
In September 2009, MPI released a report on ICE’s responsibilities for immigration detention facilities.
CA2 Says No Natz Adjudication While While Removal Proceedings are Pending
The court held that INA §318 bars DHS from considering a naturalization application where removal proceedings are pending and that individuals in removal proceedings may not avail themselves of 8 CFR §1239.2(f). (Perriello v. Napolitano, 9/1/09)
CA9 on “Grandfathering” Under INA §245(i)
A derivative spouse is only eligible for §245(i) adjustment if he or she is “accompanying or following to join” the principal alien. Status as a mere registrant for the RAW program does not grandfather petitioner into §245(i). (Landin-Molina v. Holder, 9/1/09)
Immigration Law Advisor, August 2009 (Vol. 3, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on changed circumstances and country conditions for asylum cases, federal court activity for July 2009, an article on the REAL ID act, and a regulatory update.
ICE Extends Information Collection on Electronic Bonds Online Access
ICE extension of the information collection on Electronic Bonds Online (eBonds) Access. Related forms are Form I-352SA, Surety eBonds Access Application and Agreement and Form I-352RA, eBonds Rules of Behavior Agreement. Comments are due 9/30/09. (74 FR 44865, 8/31/09)
USCIS Issues Guidance for Surviving Spouses of U.S. Citizens
On 8/31/09 USCIS issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. FAQs and Fact Sheet follow.
CA7 Holds Board Abused Discretion by Rejecting Brief as Out of Time
The court held that the Board abused its discretion when it rejected Petitioner’s brief as out of time where Petitioner never received notice of the briefing schedule. (Dakaj v. Holder, 8/31/09)
CA9 Finds UCMJ Article 92 Is Not Categorically an Aggravated Felony
The court held that a violation of Article 92 of the Uniform Code of Military Justice is not categorically an aggravated felony where Petitioner pled guilty to using a government computer to access pornography. (Aguilar-Turcios v. Holder, 9/29/09; withdrawn 8/29/11)
Practice Pointer: How to Inform USCIS When TPS Is Granted by an Immigration Judge
AILA Liaison reminds practitioners to inform USCIS when late-registration Temporary Protected Status (TPS) is granted by an immigration judge in order to apply for a TPS renewal and work authorization document.
CA7 Remands to Board for Failure to Consider Petitioner’s Changed Circumstances Motion To Reopen
The Court held that the Board erred when it failed to consider Petitioner’s argument that her parent’s threat of forced marriage in Pakistan constituted a changed circumstance, allowing a second motion to reopen to be filed out of time. (Joseph v. Holder, 8/27/09)
CA1 Upholds Adverse Credibility Absent Corroborating Evidence
The court denied the petition for review, finding that the immigration judge’s adverse credibility finding was supported by substantial evidence and that Petitioner failed to provide corroborating evidence to clear up inconsistencies. (Zheng v. Holder, 8/27/09)
United States and Mexico Resume Voluntary Humanitarian Interior Repatriation Program
DHS announced that it has resumed the Mexican Interior Repatriation Program (MIRP) for the sixth consecutive summer.
AILF and AILA Urges BIA to Vacate Matter of Perez-Vargas
AILF and AILA amicus brief arguing that Matter of Perez-Vargas, 23 I&N Dec. 829 (BIA 2005) should vacated because it deprives skilled foreign workers in removal proceedings the ability to change jobs under AC21.
VSC Stakeholder Qs & As with Meeting Minutes (8/20/09)
The 8/20/08 joint Stakeholder questions and answers with meeting minutes address H-1B, 3rd party worksites, I-94, J-1, Premium Processing, H-2B, L-1A/L-1B, specialized knowledge, Q-1, F-1, I-765, OPT, U, T, I-601, customer service, G-28, TPS, Consular returns, 212(e) waivers, NVC, I-539, and more.
USCIS Extends Information Collection on Form I-243
USCIS extension of an information collection for Form I-243, Application for Removal. Comments are due 9/21/09. (74 FR 42083, 8/20/09)
AILA Amicus Brief Regarding Application of Nijhawan v. Holder
AILA amicus brief arguing that Nijhawan v. Holder overturned the BIA's decision in Matter of Babaisakov regarding the type of evidence/procedures IJs can use when an element of the aggravated felony definition may be proven beyond the record of conviction.
CA1 Affirms BIA Denial of Ugandan Asylum Claim
The court affirmed the BIA’s denial of asylum, withholding, and CAT, finding that Petitioner’s evidence was inconsistent, vague and lacked corroboration. (Matovu v. Holder, 8/20/09)
CA7 Remands Asylum Claim: IJ’s Denial of Asylum for FGM Persecution Claim in Error
The court held that immigration judge’s ruling that female genital mutilation was not persecution was not supported by law. (Gatimi v. Holder, 8/20/09)
CA1 Upholds Denial of Motion to Reopen in Kenyan Withholding Case
The court denied the petition for review, finding that Petitioner failed to raise any new evidence or changed circumstances regarding her claims for withholding of removal from Kenya and CAT. (Warui v. Holder 8/19/09)
CA6 Holds that Section 1256(a) only Applies to Rescission Proceedings
CA6 held that because petitioners were in removal proceedings due to fraud in their asylum applications and had no valid documents at the time of adjustment, the 5- year limitation on rescission proceedings does not bar the government from removing Petitioner. (Stolaj v. Holder, 8/19/09).
ICE Briefing on Enforcement & Detention Issues
In a telephonic briefing moderated by the White House, ICE Assistant Secretary Morton discussed current policies & perspectives on detention, worksite enforcement, 287(g), and residential raids.
ICE Detainee Passes Away at Florida Hospital
On August 14, 2009, Huluf Guangule Negusse, a 24-year-old Ethiopian national being held with a final order of removal pending the receipt of his travel documents, passed away at Tallahassee Memorial Hospital in Florida.
ICE Identifies Additional Detention Deaths
During an in-depth review of records related to individuals who have died in ICE custody since October 2003, ICE has identified 10 individuals who were not previously included on the agency's list of detainee deaths. These 10 deaths occurred between FY 2004 and FY 2007.
CA1 Finds No Nexus in Guatemalan Asylum Claim
The court affirmed the BIA’s denial of withholding, finding that Petitioner’s testimony was speculative and did not furnish an adequate nexus between the events and a protected ground. (Lopez-Castro v. Holder, 8/18/09)