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 Affirms Denial of Indonesian Christian Withholding Claim
The court found that the immigration judge adequately addressed reports of country conditions in Indonesia and the testimony of each witness, and did not err in denying withholding of removal. (Pakasi v. Holder, 8/18/09)
TRUST Coalition Meeting Notes (8/14/09)
The Texas Residents United for a Stronger Texas (TRUST Coalition) meeting on 8/14/09 included topics such as the AG Opinion on in-state tuition for undocumented students, an update on family detention, and an update on comprehensive immigration reform.
Privacy Impact Assessment for ICE’s Fugitive Case Management System (FCMS)
This Privacy Impact Assessment studies the Fugitive Case Management System, an ICE database that processes, tracks, and stores information about aliens who fail to leave after receiving a final order of removal, deportation or exclusion, or who failed to report to ICE after receiving a notice.
ICE Announces Immigration Detention Reforms
On 8/6/09 ICE announced plans to reform immigration detention to move away from a jail-oriented approach. The fact sheet and press release state that ICE will create an Office of Detention Policy and Planning, and design immigration detention-specific facilities.
CA1 Says Counsel Was Not Ineffective
The court upheld the denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that prior counsel was not ineffective and that Petitioner did not comply with Lozada. (Punzalan v. Holder 8/5/09)
CA2 Affirms Withholding Denial for Lack of Corroboration
Finding that Petitioner failed to provide evidence corroborating his testimony, the court held that Petitioner failed to meet his burden for withholding of removal. (Liu v. Holder, 8/5/09)
CA9 Applies Categorical Approach and Finds California Drug Offense Renders Individual Removable
Applying the modified categorical approach, the court held that a conviction under California Statute Section 11352(a) is a violation of a controlled substance law, rendering the individual removable. (Mielewczyk v. Holder, 8/5/09)
CA9 Remands to BIA for Consideration of REAL ID Act Corroboration Standard
Court held that corroboration standard in REAL ID Act applies to CAT application filed after effective date of Real ID ACT. The court remanded to BIA for consideration of REAL ID ACT corroboration standard. (Owino v. Holder, 8/4/09)
Attorney General Appoints John H. Guendelsberger as New BIA Member
Attorney General Eric H. Holder, Jr., announced on August 3, 2009, the appointment John H. Guendelsberger as a new member of the Board of Immigration Appeals (BIA).
A Tale of Two Villages
Take 15 minutes today and watch this very moving Frontline documentary about the devastating effect of the Postville, Iowa ICE raid on the town and on the two villages in Guatemala where the immigrants came from. http://bit.ly/GWBVu The Postville operation was the largest ICE raid in U.S. history an
DHS 2008 Yearbook of Immigration Statistics
A compendium of tables with data on foreign nationals who, during FY2008, were granted lawful permanent residence, were admitted on a temporary basis, applied for asylum or refugee status, or were naturalized. The Yearbook also presents data on immigration law enforcement actions.
Immigration Law Advisor, July 2009 (Vol. 3, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on moral turpitude after Silva-Trevino, federal court activity for June 2009, recent BIA precedent decisions, and a regulatory update.
BIA Remands after IJ Granted Pre-Hearing Voluntary Departure Without Waiver
In an unpublished decision, the BIA sustains appeal and remands, after finding that the IJ granted pre-hearing voluntary departure under INA § 240B(a) and 8 CFR §1240.26(b) without securing the appellant’s explicit waiver of appellate rights as required. Courtesy of Gurpatwant S. Pannun.
CA8 Finds 212(c) Relief Does Not Require Reliance on Pre-1996 Law
The Court held that eligibility for 212(c) relief in removal proceedings does not require a plea agreement in reliance on pre-1996 law. Individual with pre-1996 conviction may still be eligible for 212(c) relief. (Lovan v. Holder, 7/31/09)
Senators Introduce Two Bills Aimed at Reforming Immigration Detention
On 7/30/09, a group of Democratic Senators introduced the Protect Citizens from Unlawful Detention Act (S. 1549) and the Protect Citizens from Unlawful Detention (S.1550).
AILA Applauds Today’s Congressional Effort to Reform Detention Legislation
AILA applauds Senators Menendez (D-NJ) and Kirsten Gillibrand (D-NY) for bringing forth a package of legislation to reform our country's detention system.
ICE Detainee Dies in South Carolina
On July 24, 2009, a detainee, being held by ICE on immigration violations in South Carolina, died. An autopsy is being conducted.
CA7 Finds BIA Violated Applicant's Statutory Right to a Reasonable Opportunity to Present Evidence of Eligibility
CA7 finds that, once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the IJ to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, 7/27/09)
CA5 Rejects Argument that Post-Departure Bar is Contrary to IIRIRA Provisions
CA5 finds the petitioner may not rely on 8 U.S.C. §1229a(c) to challenge the post-departure bar in 8 CFR §1003.2(d), which the BIA interpreted as overriding its sua sponte authority to reconsider or reopen the petitioner’s case. Denies petition for review. (Ovalles v. Holder, 7/27/09)
BIA on Adjustment Based on a Marriage Entered into While in Removal Proceedings
The BIA held that a MTR to apply for adjustment based on marriage after the commencement of removal proceedings may not be denied under the Matter of Velarde’s fifth factor based on the mere fact that the government opposes the motion. Matter of Lamus, 25 I&N Dec. 61 (BIA 2009)
Acting EOIR Director Snow Responds to NYT Article Regarding Stress Suffered by Overburdened IJs
EOIR posted a letter from Thomas Snow, Acting Director, EOIR, to the editor of The New York Times regarding a 7/10/09 article titled “Immigration Judges under Strain.”
BIA on Deportation Orders Issued in Absentia
The BIA held that an individual's departure while under an outstanding order of deportation or removal issued in absentia does not deprive the IJ of jurisdiction to entertain a MTR to rescind the order if the motion is premised upon lack of notice. Matter of Bulnes, 25 I&N Dec. 57 (BIA 2009)
BIA Finds a Reasonable Inference of Marriage Fraud Is Not Substantial and Probative
In an unpublished decision, the BIA held that misrepresentation of the viability of a marriage does not mean the marriage was fraudulent, and a reasonable inference of marriage fraud is not substantial and probative. Courtesy of Scott Devore.
Immigration Law Firm Indicted for Conspiracy to Commit Alien Smuggling and Visa Fraud
The U.S. District Court for the District Court of Utah, Central Division, issued an indictment of The Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud. (United States v. The Alcala Law Firm, PC, 7/22/09)
BIA Finds Notice of Hearing Was Not Properly Served
In an unpublished decision, the BIA grants motion and rescinds in absentia removal order, finding that notice of hearing was not properly served, as it was given to the attorney who appeared for the respondent at the hearing, but the respondent had not retained him. Courtesy of Gurpatwant S. Pannun.