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
BIA Finds IJ Has Authority to Review and Modify DHS Conditions of Release
The BIA held that an IJ has authority to review and consider whether to modify the conditions of release imposed on an alien by DHS. BIA dismisses DHS appeal. Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009)
CA7 Upholds Decision that Conviction of Fraud in Connection with Identification Documents is Crime Involving Moral Turpitude
CA7 finds that the BIA reasonably determined that fraud in connection with identification documents is a crime of moral turpitude. The Court finds that no matter his motives, petitioner was engaged in a crime that involves inherently deceptive conduct. (Lagunas-Salgado v. Holder, 10/13/09)
USCIS Memo on Additions to AFM on the Adjudication of Form I-751
Memorandum providing guidance to USCIS Immigration Field Officers on the adjudication of Form I-751, Petition to Remove Conditions on Residence where the CPR has a final order of removal, is in removal proceedings, or has filed an unexcused untimely petition or multiple petitions.
BIA on Jurisdiction over Arriving Aliens Seeking Adjustment of Status
The BIA held that IJs have no jurisdiction to adjudicate an adjustment filed by an arriving alien, with the exception of an alien in removal proceedings after returning with an advance parole to pursue a previously filed application. Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009)
BIA Finds Crewman Ineligible for Cancellation of Removal
The BIA held that an alien who entered the U.S. pursuant to a crewman’s visa for the purpose of obtaining employment as a crewman is statutorily ineligible for cancellation of removal. Matter of G-D-M-, 25 I&N Dec. 82 (BIA 2009)
AILA Applauds the Obama Administration’s Plans to Improve Immigration Detention System
AILA applauds the Obama Administration's efforts to repair the scandal-plagued immigration detention system by consolidating detainees in facilities that reflect their status as non-criminals, providing sound medical care, and establishing more centralized oversight of detention centers.
CA3 Rejects Silva-Trevino Approach
The court concluded that the petitioner was not convicted of a crime involving moral turpitude, and applied its established methodology for analyzing CIMTs, rather than the approach adopted by the AG in Silva Trevino. (Jean-Louis v. Holder, 10/6/09)
Getting To A “Truly Civil Detention System”
The problem with “Immigration Detention“ is that, at bottom, it requires the incarceration of immigrants for civil violations, whether or not they are dangerous criminals who would do the public harm.The point of immigration detention, so Congress has declared, is not to punish, but to ensure
ICE Report on Immigration Detention
On 10/6/09, ICE released a report authored by Dr. Dora Schriro, former Director of the Office of Detention Policy and Planning, providing an overview and recommendations for immigration detention, and comparing the immigration detention population with the criminal incarceration system.
Secretary Napolitano and Assistant Secretary Morton Announce New Immigration Detention Reform Initiatives
DHS Secretary Janet Napolitano and ICE Assistant Secretary John Morton announced new initiatives to reform immigration detention. A fact sheet about the new detention reform initiative follows the press release.
EOIR Fact Sheet: Who Can Represent Aliens in Removal Proceedings
The Executive Office of Immigration Review Released a Fact Sheet outlining who may represent individuals in removal proceedings.
Immigration Law Advisor, September 2009 (Vol. 3, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on contested issues in asylum law, federal court activity for August 2009, Brand X developments in the circuit courts, and recent BIA precedent decisions.
Immigration and The Media—A Public Forum, A Spirited Debate, and An Excellent Meal
Are they “illegal aliens“ or “undocumented noncitizens“?Are representatives of certain anti-immigrant groups credible media sources or racist hate mongers not to be quoted by credible print and electronic media?What is the role of responsible journalism in the public debate about our bad
ICE Policy Directive: Notification and Reporting of Detainee Deaths
A 10/01/09 ICE policy directive that provides guidance on the policy and procedures to follow when providing initial notification and ongoing reporting of the death of a detainee in the custody of ICE.
CA9 Finds it Lacks Jurisdiction to Review BIA Decision Dismissing Untimely Notice of Appeal
CA9 dismisses appeal for lack of jurisdiction since the BIA’s denial of petitioner’s motion to reconsider was an exercise of routine discretion. (Turicos v. Holder, 9/29/09)
CA9 Affirms BIA Decision Finding Lack of Authority to Extend 30-Day Filing Deadline for an Appeal
CA9 finds that, based on Supreme Court precedent, it must defer to the BIA’s reasonable interpretation in Liadov that the agency lacks authority to extend the thirty-day filing deadline for an appeal. (Irigoyen-Briones v. Holder, 9/29/09)
CA7 Affirms Removal Order and Upholds Use of Evidence Gathered in Undercover Investigation
CA7 denies petition for review, finding that the BIA was correct in upholding the IJ’s denial of petitioner’s request to exclude evidence gathered during an undercover investigation. (Krasilych v. Holder, 9/29/09)
MOU Establishes Local Procedures for Repatriation of Mexicans
This MOU between the Consulate General of Mexico, and the Houston field offices of ICE and CBP establishes local procedures for the orderly and safe repatriation of Mexican Nationals from the U.S. to Mexico.
EOIR Fact Sheet on Fraud and Abuse Program
On 9/25/09, EOIR released a fact sheet outlining its new Fraud and Abuse Program, which aims to identify and refer claims of fraud encountered by EOIR.
ICE Guidance Regarding U Visa Applicants in Removal Proceedings or with Final Orders of Deportation or Removal
ICE Principal Legal Advisor Peter Vincent issued field guidance to ensure compliance with the TVPRA regarding individuals with pending U visa petitions who are either subject to a final administrative order of deportation or removal and requested a stay of removal or are in removal proceedings.
ICE Memorandum on Adjudicating Stay Requests Filed by U-Visa Nonimmigrant Status Applicants
A 9/24/09 ICE memo from David Venturella, Acting Director, provides guidance to DRO Field Office Directors about factors to consider when adjudicating Stay of a Final Administrative Order of Removal requests filed by an alien with a pending U Nonimmigrant status petition.
CA7 Affirms Removal Order Based on Attempt to Smuggle: Conviction Not Necessary
The Court held that even absent a conviction, Petitioner was removable for knowingly attempting to smuggle illegal aliens into the country. (Barradas v. Holder, 9/23/09)
CA5 Holds Parents’ Knowledge of Inadmissibility Imputed to Minor Children
CA5 held that Petitioner’s parents’ knowledge of her inadmissibility is imputed to Petitioner even though Petitioner was a minor at the time of Parent’s fraud in the naturalization process. Thus, Petitioner was ineligible for a 212(k) waiver. (Mushtaq v. Holder, 9/23/09)
CA1 Finds Record Sufficient, No Prejudice to Petitioner
The court affirmed the adverse credibility determination and held that regardless of indiscernible sections of the transcript of proceedings, the record was sufficient for review and the petitioner was not prejudiced. (Sihombing v. Holder, 9/22/09)
BIA Finds LPR Eligible for Cancellation of Removal as a Battered Spouse
The BIA held that lawful permanent residents may be eligible to apply for special rule cancellation of removal for battered spouses under section 240A(b)(2) of the Act per Congressional intent. Matter of Martinez, 25 I&N Dec. 66 (BIA 2009)