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
CA8 Discusses False Claim to U.S. Citizenship as it Pertains to Form I-9
The court held that a person who marks the “citizen or national of the United States” box on Form I-9 to secure employment with a private employer has falsely represented himself for a benefit or purpose under the Act under INA §212(a)(6)(C)(ii)(I). (Rodriguez v. Mukasey, 3/19/08)
CA7 Finds IJ Erred in Rejecting Asylum Claim of Albanian Whistleblower
CA7 found it premature for the IJ to only analyze Petitioner’s activities during his military service. The court also found that it was not decisive that the corruption of which Petitioner complained did not pervade every level of the Albanian government. (Haxhiu v. Mukasey, 3/19/08)
Supreme Court Grants Certiorari to Consider Persecutor Bar to Asylum
On March 17, 2008, the Supreme Court granted certiorari to decide whether a person who was compelled, against his will, to assist or take part in persecution is barred from asylum under the persecutor bar. (Negusie v. Holder)
CA8 Finds No Jurisdiction to Review the BIA’s Refusal to Self-Certify an Untimely Appeal
The court held that the BIA’s refusal to take jurisdiction over an untimely appeal through the self-certification process was an unreviewable action committed to the agency's discretion.(Liadov v. Mukasey, 3/14/08)
CA8 Upholds BIA Denial of MTR Afghan CAT Claim Based on Changed Conditions
In addressing Petitioner’s constitutional claim that the BIA failed to consider the country reports and affidavit submitted with his motion to reopen, the court held the record did not support his claim because the BIA specifically mentioned them.(Hanan v. Mukasey, 3/14/08)
CA2 Rejects IMMACT90 and AEDPA §212(c) Retroactivity Arguments
The court rejected Petitioner’s retroactivity arguments where he admitted guilt to a felony pre-IMMACT90, but pleaded guilty post-IMMACT90 and because he was ineligible for §212(c) relief, even under pre-AEDPA law. (Singh v. Mukasey, 3/14/08)
CA2 Remands Issue of Whether Forcible IUD Insertion Constitutes Persecution
The court remanded to the BIA to articulate a consistent position on whether and under what conditions forced insertion of an IUD constitutes persecution. (Jiang v. BCIS, 3/14/08)
CA2 on Adjustment of Status Filed by Arriving Aliens
The court held that the BIA erred in denying Petitioners’ motions for lack of jurisdiction and wrongly assumed that the arriving aliens intended to pursue their adjustment applications in removal proceedings rather than before USCIS. (Ni v. BIA, 3/14/08)
Senate Passes FY2009 Budget Resolution; Considers Immigration-Related Amendments
On 3/14/08, the Senate adopted its FY2009 budget resolution after a 15-hour amendment marathon session. Among the amendments passed, tabled, and dropped were a number immigration-related amendments.
DHS OIG Releases Summary of Inquiry on Removal of Canadian Citizen to Syria
DHS’s Office of Inspector General released an unclassified summary of a report conducted at the request of the Representative John Conyers (D-MI) on the removal of a Canadian citizen to Syria.
CA7 Allows §212(h) Waiver for Possession of Drug Paraphernalia for Personal Use
The court held Petitioner, who was convicted of possessing one marijuana pipe, was convicted of an offense that “relates to a single offense of simple possession of 30 grams or less of marijuana” and is therefore, eligible for a waiver under INA §212(h). (Barraza v. Mukasey, 3/13/08)
EOIR Announces Postponement of Immigration Court Practice Manual Effective Date to July 1
A 3/13/08 news release confirms that EOIR has delayed implementation of the Immigration Court Practice Manual to 7/1/08.
CA5 Says Exhaustion May Require Sua Sponte Motion Where New Issue Arises Outside 90-Day Period
CA5 held that where the BIA has never been given the opportunity to consider an issue and the 90 days for motions to reopen has passed, the issue must first be presented to the BIA as a sua sponte motion before relief may be sought in federal court. (Toledo-Hernandez v. Mukasey, 3/12/08)
DOJ Releases Guidelines for Facilitating Pro Bono Legal Services
On 3/12/08 DOJ released OPPM “Guidelines for Facilitating Pro Bono Legal Services.” The guidance implements pro bono best practices, following recommendations from the EOIR Pro Bono Committee, immigration judges, court administrators, and stakeholder organizations.
Los Angeles U.S. Attorney’s Office Letter to National Immigration Law Center on Right to Counsel
A March 12, 2008, letter from the U.S. Attorney to the National Immigration Law Center discusses a noncitizen's right to counsel during detention interviews.
CA9 Finds Jurisdiction to Review CAT Claim despite Aggravated Felony
The court held that the jurisdiction stripping provision of INA §242(a)(2)(C), which bars review of final orders of removal for criminal offenses, did not deprive the court of jurisdiction over denials of deferral of removal under CAT. (Lemus-Galvan v. Mukasey, 3/11/08)
CA5 Allows §212(h) Waiver for Persons Who Adjust Post-Entry to LPR Status
The court held that persons who adjust post-entry to LPR status and later convicted of an aggravated felony, are not barred from seeking a waiver under INA §212(h). (Martinez v. Mukasey, 3/11/08)
CA8 En Banc Court Finds No Jurisdiction to Review Denial of Sua Sponte Motion to Reopen
The en banc court held that it lacked jurisdiction over a petition for review challenging the BIA’s refusal to exercise its sua sponte authority to reopen Petitioner’s case because that decision is committed to the agency’s discretion by law. (Tamenut v. Mukasey, 3/11/08)
BIA Discusses Circumstances When Denaturalization Is Appropriate
The BIA held that a denaturalized alien who committed crimes when an LPR and concealed them during the naturalization process is removable on the basis of the crimes, even though the alien was a naturalized citizen at the time of conviction. Matter of Gonzalez-Muro, 24 I&N Dec. 472 (BIA 2008)
BIA Grants Asylum to Ethnic Chin from Burma in Material Support Bar Case
The BIA held that, for purposes of INA §212(a)(3)(B), the Consolidated Appropriations Act of 2008 provides that certain groups, including the Chin National Front (CNF), are not to be classified as “terrorist organizations.” Matter of S-K-, 24 I&N Dec. 475 (BIA 2008)
BIA Finds Citizenship Available to Child of USC Parent Who Acquired Legal Custody After Naturalization
The BIA held that a child who satisfied the statutory conditions of former section 321(a) of the INA, before the age of 18 has acquired citizenship, regardless of whether the parent acquired legal custody before or after the naturalization. Matter of BAIRES-Larios, 24 I&N Dec. 467 (BIA 2008)
CA2 Remands Asylum Case Due to Confidentiality Breach and False Documents
The court held that the BIA erred in concluding that the government had not violated the confidentiality regulation when it disclosed Petitioner’s name to the Macedonian authorities. (Corovic v. Mukasey, 3/7/08)
CA9 Remands Asylum One-Year Deadline Issue of Age of Minors to BIA
The court noted that regulations do not define whether individuals under 21 years of age are “minors” under 8 CFR §1208.4(a)(5)(ii). The court stated that when the BIA has not considered an issue in the first instance, the proper course of action is to remand it. (Al-Mousa v. Mukasey, 3/5/08)
BIA Finds Respondents Subjected to FGM Eligible for Asylum
The BIA held that a Somali mother and daughter who were subjected to female genital mutilation were eligible for asylum based on humanitarian grounds regardless of whether they can establish a well-founded fear of future persecution. Matter of S-A-K- and H-A-H-, 24 I&N Dec. 464 (BIA 2008)
AILA Liaison/NBC Q & As (03/05/08)
On 03/05/08, NBC answered questions on the following issues: I-864 and documentation of sponsor’s self-employed income; lockbox issues; procedures for filing a motion to reopen or reconsider; filing of I-485/I-765 when the applicant is in proceedings, K-3s.