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
GAO Study on Quality Assurance in U.S. Asylum System
GAO released a report that addresses the extent to which quality assurance mechanisms have been designed to ensure adjudication integrity, as well as the key factors that affect asylum officer and immigration judge adjudications.
GAO Reports on Factors Affecting Variability in Asylum Outcomes
A GAO report found significant variation in asylum outcomes across immigration courts and judges, with nine factors affected variability in asylum outcomes.
CA1 Upholds Asylum Denial Based on Lack of Nexus under REAL ID
The court found insufficient evidence to conclude that Petitioner’s family was targeted for political reasons, and that REAL ID added two elements to the burden of proof: 1) the one central reason standard, and 2) corroborating evidence. (Singh v. Mukasey, 9/25/08)
CA2 Finds BIA Erred in Aggravated Felony Analysis
The court vacated the finding that in determining whether an offense was committed for commercial advantage, the inquiry need not be restricted to the “elements” needed for conviction. (Gertsenshteyn v. DOJ, 9/25/08)
DOJ Announces Opening of Kansas City Immigration Court
DOJ announced the opening of the Kansas City immigration court on 9/29/08.
ICE Issues Information Collection on Obligor Change of Address Form
ICE information collection on Form I-133, Obligor Change of Address. Comments are due 11/24/08. (73 FR 55123, 9/24/08)
CA2 Remands for Standards on Continuances for Labor Certification Adjudication
The court found that it could not adequately consider whether the BIA abused its discretion in denying a motion for continuance without standards explicating when continuances for labor certification adjudication are permissible. (Rajah v. Mukasey, 9/24/08)
BIA Concludes False Claim of Citizenship on I-9 Does Not Bar Good Moral Character Finding
The BIA reversed IJ’s decision, holding that the “catch-all” provision of INA § 101(f) bars a finding of good moral character under INA §240A(b)(1)(B) for an alien that made a false claim of U.S. citizenship on Form I-9. Matter of Guadarrama, 24 I&N Dec. 625 (BIA 2008)
Testimony Before the House Immigration Subcommittee on EOIR
On 9/23/08, the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee held a hearing on the Executive Office for Immigration Review (EOIR).
Attorney General Vacates Denial of Withholding Claim Based on FGM
The Attorney General vacated BIA decision denying a Malian woman’s claim for withholding and remands for reconsideration of questions relating to her eligibility for withholding based on the claim that she was subjected to female genital mutilation. Matter of A-T-, 24 I & N Dec. 617 (AG 2008)
USCIS Fact Sheet on New Policy of ABC Registration Determinations After Chaly-Garcia v. U.S.
USCIS released a fact sheet and Q&As on ABC registration determinations after Chaly-Garcia v. U.S
CA7 Upholds Adverse Credibility Finding Despite IJ Errors; 1 Judge Dissents
The court held that notwithstanding the IJ’s mistakes, the balance of the evidence relied on by the IJ supported the adverse credibility finding. (Musollari v. Mukasey, 9/19/08)
CA11 Remands for Reconsideration of Continuance Based on Pending I-140/I-485
CA11 remanded for reconsideration of a request for continuance until pending I-I40/I-485 are adjudicated. It found that the IJ denied the continuance based on 11th circuit case law at the time, prior to the decisions in Zafar II, Merchant and Haswanee. (Matter of Jivan, 9/19/08)
Sen. Menendez and Rep. Honda Introduce the Reuniting Families Act (S. 3514)
On 9/18/08, Senator Menendez (D-NJ) introduced the Reuniting Families Act (S. 3514), a bill aimed at promoting family unity in the immigration system. A companion bill (H.R. 6938) was introduced in the House by Rep. Honda (D-CA).
CA8 Finds Cameroonian Widows Constitute a Particular Social Group
The court held that the BIA erred in rejecting the social group of Cameroonian widows, finding that they share an immutable characteristic and are viewed by society as members of a social group. (Ngengwe v. Mukasey, 9/18/08)
CA1 Upholds Cambodian Asylum Denial for Lack of Nexus
The court held that substantial evidence indicated that Petitioner was not targeted on account of one of the protected statutory grounds, where he admitted that he had been mistreated for enforcing a ban on illegal fishing. (Nou v. Mukasey, 9/18/08)
CA5 Finds it Lacks Jurisdiction to Review Denial of Motion Seeking Equitable Tolling
The court held that it lacks jurisdiction to review the denial of a time- and number-barred motion to reopen based on ineffective assistance of counsel, because the BIA has complete discretion to deny untimely MTRs. (Ramos-Bonilla v. Mukasey, 9/18/08)
CA9 Reverses Armenian Asylum Denial and Finds IJ Erred on Fingerprints
CA9 held that an Armenian who was threatened, beaten, and detained because of mixed ethnicity and political opinion, was statutorily eligible for asylum, and found that the IJ abused discretion in denying a continuance to comply with fingerprint requirements. (Karapetyan v. Mukasey, 9/16/08)
EOIR Revised Information Collection on Form EOIR-42A and EOIR-42B
EOIR issued a revised information collection for Forms EOIR-42A, Application for Cancellation of Removal, and EOIR-42B, Adjustment of Status for Certain Nonpermanent residents. Comments are due 11/14/08. (73 FR 53282, 9/15/08)
EOIR Revised Information Collection on Form EOIR-26
EOIR issued a revised information collection on Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Comments are due 11/14/08. (73 FR 53281, 9/15/08)
CA9 Finds Pattern of Persecution of Homosexual Men in Jamaica
The court found a pattern or practice of persecution of gay men in Jamaica and remanded Petitioner’s withholding claim. The court also remanded his CAT claim in light of the government’s acquiescence and involvement in the torture of gay men. (Bromfield v. Mukasey, 9/15/08)
CA7 Finds Aggravated Felony, although State Court Did Not Charge Petitioners as Repeat Offenders
The court held that petitioners’ first and second statecourt convictions for simple drug possession amount to an “aggravated felony”, thus affirming the finding that they were statutorily ineligible for cancellation of removal. Judge Rovner dissents. (Fernandez v. Mukasey, 9/15/08)
ICE Performance Based National Detention Standards
ICE Performance Based National Detention Standards (PBNDS), released on 9/12/08, consisting of 41 standards governing the conditions of confinement for ICE detainees. Detention facilities must meet 90% of the non-mandatory provisions and 100% of the mandatory provisions.
EOIR Creates Web Page to Submit Complaints About Immigration Judges
EOIR created a web page that allows individuals to submit complaints about Immigration Judge conduct.
Statement by DHS Assistant Press Secretary Keegan On Immigration Enforcement During Hurricane Ike
Statement by Department of Homeland Security Assistant Press Secretary Keegan announcing that there will be no DHS immigration enforcement operations associated with evacuations and sheltering during hurricane Ike.