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
CA9 Upholds Adverse Credibility Finding and BIA’s Voluntary Departure Cut
The court held that substantial evidence supported the IJ’s credibility determination due to inconsistencies. The court also upheld the BIA’s reduction in voluntary departure from 90 to 30 days finding that 90 days was statutorily impermissible. (Rivera v. Mukasey, 12/7/07)
CA9 Finds IJ Denied Petitioner His Statutory Right to Counsel
The court held that when Petitioner’s attorney failed to appear in court, the IJ did not take reasonable steps to ensure that his statutory right to counsel was honored, and the IJ’s refusal to allow a continuance prejudiced Petitioner. (Mendoza-Mazariegos v. Mukasey, 12/6/07)
Stakeholder/USCIS Q & As (12/4/07)
The Q & As address I-192s and fee waivers, NTAs, adjustment from U and T status, EADs for Liberians with TPS, use of previously captured biometric data, religious workers, receipting delays for N-400s, material support, translator SIV visas, asylee adjustments and other matters.
CA2 Finds Asylum Applicant’s Testimony Inherently Implausible
The court held that a finding of implausibility must be based on more than bald speculation and that the IJ permissibly relied on testimony and record facts to infer that Petitioner’s story was implausible. (Yan v. Mukasey, 12/4/07)
CA8 Joins Other Circuits Holding Successive Asylum Application Requires MTR
The court, like its sister circuits, upheld that the BIA conclusion that an asylum applicant under a final order of removal must successfully reopen his case in order to pursue an untimely or successive asylum application under INA §208(a)(2)(D). (Zheng v. Mukasey, 12/4/07)
Atlanta Immigration Court to Relocate
On 12/4/07 EOIR announced that the Atlanta Immigration Court is moving to a new location. The court will be closed for several days prior to reopening at the new site.
CBP Muster on Escort Procedures
A 12/3/07 CBP muster reminding CBP officers of specific procedures for escorting detainees at POEs in a safe, secure, humane, and professional manner. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Use of Attended Area and Suicide Watch Procedures
A 12/3/07 CBP muster reminding CBP officers on the use of attended areas for short term detention at a POE and suicide watch procedures. The muster offers specifics on how to handle these situations. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Control of Personal Property
A 12/3/07 CBP muster reminding CBP officers of the procedure for the control of property at POEs. The muster offers specifics on how CBP should appropriately handle personal effects. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Access to Meals, Drinking Water, and Restrooms
A 12/3/07 CBP muster reminding officers of the responsibility by CBP to ensure that aliens have an access to meals, drinking water, and restrooms. The muster offers specifics on providing these services. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Detention Logs
A 12/3/07 CBP muster reminding CBP officers of the use of detention logs at Ports of Entry. The muster lists who and what information will be listed in the log, maintenance of the log, and proper treatment of detainees. Muster obtained through FOIA 2011F03343 filed by AILA.
HIV/AIDS Service for Immigrants in Detention
A Human Rights Watch report investigates the quality of HIV/AIDS medical care for immigrants detained in the U.S. Report includes recommendations to agencies and Congress.
Immigration Law Advisor, November 2007 (Vol. 1, No. 11)
Immigration Law Advisor, an EOIR legal publication, with an article on the circuit courts’ views of administrative notice, federal court activity for October 2007, an article on CIMT categorical approach and evolving moral standards, update on recent BIA precedent decisions, and a regulatory update.
EOIR Proposes Rule to Amend Regulations on Voluntary Departure
EOIR proposed a rule to require that a motion to reopen or reconsider filed before the expiration of a voluntary departure period automatically terminate the VD grant. On 12/3/07 briefs are due in the Supreme Court case on the same issue, Dada v. Keisler. (72 FR 67674, 11/30/07)
CA2 Says No Jurisdiction to Review Timeliness of Asylum
The court reversed its previous decision and held that it lacked jurisdiction to review the IJ’s determination on the timeliness of Petitioner’s asylum application. (Liu v. INS, 11/30/07)
CA9 Vacates Preliminary Injunction in I-212, Perez-Gonzalez Class Action
CA9 ruled in favor of the gov't and vacated the preliminary injunction in a class action challenging DHS' willful refusal to follow Perez-Gonzalez v. Ashcroft. The court held that the rule in that case is no longer the law of the circuit. (Duran Gonzalez v. DHS, 11/30/07)
BIA Rules Individuals Unlawfully Present Who Later Depart the Country Are Inadmissible
The BIA held that an individual who is unlawfully present for a period of one year, departs the country, and then seeks admission within ten years of the date of his departure, is inadmissible. Matter of Lemus-Losa, 24 I&N Dec. 373 (BIA 2007)
BIA Rules Recidivist Immigration Violators are Inadmissible
The BIA held that recidivist immigration violators are inadmissible and that adjustment of status under section 245(i) of the Act is not available to an individual who is inadmissible. Matter of Briones, 24 I&N Dec. 355 (BIA 2007)
CA9 Reverses District Court, Finds Plaintiff Eligible for Benefits Under ABC Settlement Agreement
The court held that Plaintiff’s asylum application, filed on 1/31/91, indicated his intent to receive benefits of the ABC agreement, notwithstanding the fact that the application did not explicitly reference the agreement. (Chaly-Garcia v. United States, 11/29/07)
CA6 Discusses “Admission” for Purposes of Removal Under INA §237(a)(2)(A)(i)
The court held that for purposes of INA §237(a)(2)(A)(i), there is only one “lawful admission,” based on physical, legal entry into the U.S., not the subsequent adjustment of status. (Zhang v. Mukasey, 11/29/07)
CA1 Finds Family Planning Persecution Claim Speculative
The court upheld the denial of asylum, finding the BIA justifiably relied on a DOS report indicating that fees levied on unwed mothers were merely for social compensation, and in some cases the fees had abolished or relaxed. (Wang v. Mukasey, 11/29/07)
ICE Posts Information for Families of El Salvadoran Detainees
ICE posted guidance on its website for attorneys and family members of El Salvadorans in custody.
CA2 Remands Asylum Claim of Colombian Kidnapped by FARC
The court remanded the case because of the BIA’s flawed reasoning that kidnapping could not amount to persecution. (Delgado v. Mukasey, 11/28/07)
CA2 Refuses to Waive Exhaustion Requirement Under INA §242(d)(1)
The court held that the exhaustion requirement under INA §242(d)(1) is jurisdictional and Petitioner’s failure to exhaust his administrative remedies cannot be excused on grounds of futility or manifest injustice. (Valenzuela Grullon v. Mukasey, 11/27/07)
CA1 Upholds Dismissal of Claims Arising From New Bedford, MA Raid
The court held that INA §242(b)(9) barred jurisdiction over Petitioners’ right to counsel and procedural due process claims, finding the claims “arose from” removal because they are part of the fabric of removal proceedings. (Aguilar v. ICE, 11/27/07)