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 Finds Asylum Applicant May Authenticate Documents by Own Testimony
The court held that an asylum applicant may seek to authenticate public documents by any established means – including through an applicant’s own testimony if consistent with the Federal Rules of Evidence. (Vatyan v. Mukasey, 11/27/07).
CA9 Finds AZ Solicitation to Possess 4 Pounds of Marijuana for Sale is a CIMT
The court held that a conviction for solicitation to possess at least four pounds of marijuana for sale, in violation of Ariz. Rev. Stat. §13-1002(A) and (B)(2), and §13-3405(A)(2) and (B)(6) is a crime involving moral turpitude. (Barragan-Lopez v. Mukasey, 11/21/07)
CA2 Says Affluent Guatemalans Are Not a Particular Social Group
The court held that the BIA’s rulings that social groups require a certain degree of “social visibility” and that the definition of social group must have particular and well-defined boundaries were “sufficient and affirmable.” (Ucelo-Gomez v. Mukasey, 11/21/07)
CA2 Remands on Issue of “Pattern or Practice” of Persecution of Christians
The court remanded where the BIA considered only whether Petitioner had been singled out for persecution and did not consider his claim that there was a pattern or practice of persecution of Christians in Indonesia. (Mufied v. Mukasey, 11/20/07)
CA10 Upholds Validity of Reinstatement Regulation at 8 CFR §241.8(a)
The court upheld the reinstatement regulation at 8 CFR §241.8(a) as a valid interpretation of the INA. It also held that it lacked jurisdiction to review constitutional claims or questions of law relating to a reinstated expedited removal order. (Lorenzo v. Mukasey, 11/20/07)
CA9 Finds BIA Abused Discretion in Denying MTR Based on Ineffective Counsel
CA9 held that Petitioner had been deprived of meaningful review due to the ineffective assistance of counsel and was entitled to a presumption of prejudice. It found that she failed to establish past persecution in Armenia, but remanded re future persecution. (Grigoryan v. Keisler, 11/19/07)
CA2 Says BIA Abused Discretion in Denying MTR in Chinese Family Planning Case
The court found that the documents submitted in support of the motion to reopen were strikingly similar to the documents in Shou Yung Guo, and that the BIA did not indicate that it “paid any attention to the documents at all.” (Gao v. Mukasey, 11/19/07)
CA6 Finds No Abuse of Discretion in Denial of Continuance Pending I-130 Motion to Reopen
The court held that the BIA did not abuse its discretion in upholding the denial of a continuance pending adjudication of Petitioner’s I-130 motion to reopen, where Petitioner had failed in 7 months to submit any evidence in support of the continuance request. (Ilic-Lee v. Mukasey, 11/19/07)
CA8 Upholds Adverse Credibility; Finds Changed Conditions in Sierra Leone
The court upheld the IJ’s adverse credibility finding noting an ID card that appeared altered to match information on a false birth certificate. The court upheld the BIA’s holding that changed conditions precluded a clear probability of persecution finding. (Diallo v. Mukasey, 11/19/07)
AILF and AILA Amicus Brief Filed in the Supreme Court in Dada v. Gonzales
The LAC filed an amicus brief in the Supreme Court in the case Dada v. Gonzales, arguing that the filing of a motion to reopen tolls the running of the voluntary departure.
CBP Muster on Delegation of Authority for Enforcement Actions
An 11/19/07 CBP muster informing CBP officers that forms concerning removable aliens are delegated to second-line supervisory officers. If an alien intends to depart, CBP should consider voluntary return. Muster obtained through FOIA 2011F03343 filed by AILA.
DHS Guidelines for Identifying Humanitarian Concerns in Worksite Enforcement Operations
This document sets forth guidelines for identifying humanitarian concerns among foreign nationals arrested during worksite enforcement operations.
EOIR Announces Expansion of Pro Bono Programs
On 11/15/07 EOIR announced plans to expand and improve pro bono programs. The New Release lists recommendations that EOIR intends to implement.
CA9 Finds INA §242(g) Bars Jurisdiction Over Bivens Action for False Arrest
The court held that INA §242(g) barred district court jurisdiction over Plaintiffs’ Bivens claim for false arrest because it arose “from the decision ...to commence [removal] proceedings,” and an alternative habeas remedy was available under INA §242(e)(2). (Sissoko v. Rocha, 11/14/07)
Nursing Mothers and Asylum Seekers — Both Groups Need Alternatives To Detention!
ICE Assistant Secretary highlighted the importance of ICE agents exercising discretion when making arrests of undocumented immigrants who are nursing mothers after a nursing mother was separated from her 6-month-old baby and two young children, and imprisoned for more than 2 weeks.
ICE Provides Phone Number for Family Members of San Pedro Detainees
Following the closure of the San Pedro Detention Center, and the relocation of detainees, ICE has provided a phone number on its website to be used by detainee family members and attorneys.
ICE Issues Directive on Parole in Presence of Credible Fear
Directive from ICE Assistant Secretary Julie Myers regarding parole of arriving aliens found to have credible fear.
AILA Pro Bono Newsletter, Spring 2007
Check out the new look of AILA’s revamped Pro Bono Newsletter, your source for immigration pro bono news. In this issue, read about how AILA’s inaugural Citizenship Day assisted over 1,700 individuals on their path to citizenship!
San Pedro Immigration Court Suspends Hearings
The San Pedro Immigration Court in California area has suspended hearings due to the closure of the DHS San Pedro Detention facility. Beginning on Tuesday, November 13, 2007, all court operations will be moved to the Los Angeles (LOS) Immigration Court.
Secretary Chertoff’s Remarks on the “State of Immigration”
These remarks by DHS Secretary Chertoff on the “State of Immigration” are the first in a series of promised periodic reports on immigration enforcement and the agency’s efforts to address national workforce needs.
CA2 Rejects BIA Authority to Enter Removal Orders in the First Instance
The court vacated the BIA removal order which was entered following reversal of the IJ’s decision to terminate, finding that the BIA does not have the authority to issue removal orders in the first instance. (Rhodes-Bradford v. Keisler, 11/7/07)
CA5 Dismisses Petition for Review Under the Fugitive Disentitlement Doctrine
The court invoked the fugitive disentitlement doctrine to dismiss the petition for review of the BIA’s decision where the Petitioners failed to report to ICE for removal and have remained at large. (Giri v. Keisler, 11/7/07)
Detention Standards Violations Complaint Process (Updated 12/12/07)
The DHS Enforcement and Civil Rights/Liberties Committees and ABA have prepared an updated practice advisory for advocates to use when filing detention standard violation complaints with DHS.
Prosecutorial and Custody Discretion for Nursing Mothers
Memo from ICE Assistant Secretary Julie Myers regarding exercise of prosecutorial discretion for arrest and custody determinations for nursing mothers.
CA5 Finds TX Conviction of Injury to a Child by Act is a Crime of Violence
CA5 found that a conviction under Texas Penal Code §22.04(a)(3) is a crime of violence because “in the ordinary case,” when the charge is causing bodily injury to a child by intentional act, the perpetrator uses or risks use of physical force. (Perez-Munoz v. Keisler, 11/6/07)