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
AIC Practice Advisory: The §237(a)(1)(H) Fraud Waiver
An AIC practice advisory on the §237(a)(1)(H) fraud waiver, which provides a discretionary waiver in removal proceedings for certain misrepresentations and fraud. The practice advisory discusses when the waiver is applicable, eligibility requirements, and the relief if waiver is granted.
Orozco Litigation: BIA Remands to Allow DHS to Amend the NTA
Without addressing the continuing validity of Matter of Areguillin, the BIA has remanded Matter of Orozco to allow DHS to amend the NTA. A second case raising the issue of whether an entry based on fraud or misrepresentation can constitute an admission remains pending with the BIA.
CA8 Finds Correct Legal Standard Applied in Hardship Determination
CA8 denies the petitioner’s challenge to the legal standards in the IJ's hardship determination for cancellation, finding that the hardship does not rise to the exceptional standard.(Gomez-Perez v. Holder, 6/22/09)
TRAC Reports Decrease in Asylum Denial Rate Disparities
A TRAC report reveals that judge-by-judge asylum disparities in the Immigration Courts are down. Accompanying this report are over 250 detailed reports providing the year-by-year record of individual Immigration Judges.
BIA Finds False Statement on Passport Application Amounts to Claim of Citizenship
The BIA held that the foreign national was inadmissible at the time of her adjustment application for having falsely represented herself to be a U.S. citizen on a passport application, having claimed birth in Texas. Matter of Barcenas, 25 I&N Dec. 40 (BIA 2009)
TRAC Reports Increase in Immigration Court Case Backlogs
A TRAC report reveals an increase in the number of backlogged cases in the immigration courts. Consequently, there has also been an increase in the length of time a foreign national must wait to have a case resolved, sometimes while in detention.
CA10 Finds It Lacks Jurisdiction to Review Denial of Motion to Reopen Application for Cancellation of Removal
The court found that it cannot review a mertis determination if the BIA considers new evidence submitted in support of a motion to reopen and determines the alien would still not be entitled to a finding of exceptional and extremely unusual hardship. (Alzainati v. Holder, 6/17/09)
CA8 Upholds Determination of Ineligibility for Cancellation of Removal Because of CIMT Conviction
CA8 finds petitioner’s Iowa conviction for operating a motor vehicle while intoxicated would not alone be a CIMT, but his conviction for child endangerment, which requires conscious disregard of risk to the child in his care, is an aggravating factor. (Hernandez-Perez v. Holder, 6/16/09)
ICE Publishes Information Collection on Electronic Bonds Online Access
ICE 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 8/17/09. (74 FR 28517, 6/16/09)
BIA Finds Aged Out Beneficiary Cannot Automatically Convert from Fourth to Second Preference
The BIA held that the automatic conversion and priority date retention provisions of CSPA do not apply as the individual aged out of a fourth-preference petition and cannot retain the earlier priority date because of the difference in petitioner. Matter of Wang, 25 I&N Dec. 28 (BIA 2009)
Supreme Court Finds Categorical Approach Inapplicable for Determining Loss Amount for Fraud Offense
The Court addressed what evidence an IJ may consider to determine removability based on an aggravated felony conviction for an offense that involves fraud or deceit in which the loss to the victim(s) exceeds $10,000. (Nijhawan v. Holder, 6/15/09)
Neufeld Memo Provides Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and Their Children
A June 15, 2009, memo from Donald Neufeld, Acting Associate Director, Office of Domestic Operations, provides guidance on surviving spouses of deceased U.S. Citizens and their children. It describes a new process allowing individuals to apply for deferred action.
BIA Finds Receipt of Stolen Property Conviction An Aggravated Felony
The BIA held that the appellant’s conviction for receipt of stolen property under California statute, with a sentence of more than one year of imprisonment, qualifies categorically as an aggravated felony under INA §101(a)(43)(G). Matter of Cardiel, 25 I&N Dec. 12 (BIA 2009)
CA5 Finds Abuse of Discretion in Reliance upon Adjudication Delay to Deny Continuance
CA5 holds that the IJ abused his discretion by denying the alien’s motion for continuance based solely on the length of the delay in the adjudication of the I-130 petition of which he was the beneficiary. Remands for consideration of the Hashmi factors. (Wu v. Holder, 6/11/09)
Bill Text of Orphans, Widows and Widowers Protection Act
On 6/11/09, Senators Menendez (D-NJ), Gillibrand (D-NY) and Leahy (D-VT) introduced the Orphans, Widows and Widowers Protection Act (S. 1427) which addresses the immigration-related hardships caused by the death of a sponsoring relative.
Due Process for Immigrants, is Due Process for all Americans
This blog post was contributed by AILA Immediate Past President Charles H. Kuck: Attorney General Holder took a step towards restoring a semblance of constitutional protection to all Americans last week, when he overturned the decision of Attorney General Mukasey in Matter of Compean, an Immigration
DHS Announces Interim Relief for Widows of U.S. Citizens
DHS Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.
EOIR Releases Update on 22 Improvement Measures
On 6/5/09, EOIR released a fact sheet regarding its progress in implementing twenty-two improvement measures that were developed in August 2006 to bolster the quality and efficiency of the immigration courts and the BIA.
EOIR Posts Immigration Judge Benchbook Online
DOJ press release announcing that EOIR posted the “Immigration Judge Benchbook” online.
CA1 Refuses to Reopen Where Priority Date Was Not Current
The court found no abuse of discretion in denying the motion to reopen where Petitioner’s priority date was not current at the time the motion was filed, and he was unable to establish prima facie eligibility for adjustment of status. (Oliveira v. Holder, 6/4/09)
CA1 Says IIRIRA Amendment to §212(h) Applies Retroactively
The court found it was the intent of Congress to amend §212(h) under IIRIRA to preclude individuals convicted of aggravated felonies who were in exclusion or deportation proceedings as of the date of enactment. (Gutierrez-Castillo v. Holder, 6/4/09)
CA1 Finds No Jurisdiction to Review BIA’s Due Diligence Finding
The court found no jurisdiction to review the BIA’s finding that Petitioner lacked due diligence in seeking reopening based on ineffective assistance of counsel, where no constitutional claim or question of law was raised. (Neves v. Holder, 6/4/09)
BIA Remands for Enumeration of Ground Relied Upon for Withholding Claim
The BIA remands for further fact-finding and for the IJ to readdress the withholding claim related to FGM in light of the framework set out by the Attorney General in Matter of A-T-. Matter of A-T-, 25 I&N Dec. 4 (BIA 2009)
CA9 Finds Conviction for Abuse of Cohabitant is not Categorically a CIMT
The court holds the California conviction for abuse of a cohabitant is not categorically a crime involving moral turpitude (CIMT). Remands for a determination under the modified categorical approach as to whether the offense is a CIMT. (Morales-Garcia v. Holder, 6/3/09)
DOJ Press Release Regarding AG Holder's Decision to Withdraw Matter of Compean
A 6/3/09 DOJ press release announces Attorney General Eric Holder's decision to vacate Matter of Compean, as well as his intention to initiate a new rulemaking process for regulations to govern claims of ineffective assistance of counsel in removal proceedings.