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
CA3 Finds Harsh Prison Conditions in Haiti Are Not Torture
The court held that the generalized allegations of prison conditions for criminal deportees in Haiti raised by Petitioner do not rise to the level of torture. (Francois v. Gonzales, 5/19/06)
CA5 Denies DHS Motion to Reconsider as Collateral Attack Barred by Res Judicata
The court held that DHS’s motion to reconsider was a collateral attack barred by res judicata. The DHS motion argued that the BIA did not have jurisdiction to grant the prior motion to reopen and terminate proceedings. (Guevara v. Gonzales, 5/19/06)
AILA Letter Strongly Supporting Brownback – Lieberman Amendment
Letter to Senators urging their support of the Brownback – Lieberman Amendment, the Secure and Safe Detention and Asylum Act. The amendment would provide important and needed protections for asylum seekers and help to ensure an effective and humane system of immigration detention.
ICE Opens Detention Center for Families
ICE announces the opening of a detention facility for families, and notes its intention to subject families to expedited removal.
ICE Memo with Field Guidance on Response to Law Enforcement Calls
ICE issued a memo with guidance to all Office of Investigations personnel on response to calls for service involving undocumented immigrants.
CA2 Finds IJ/BIA Erred in Not Determining Applicant’s Nationality
The court held that an applicant’s nationality is a threshold issue in determining eligibility for asylum and that the IJ and the BIA erred in failing to determine Petitioner’s nationality. (Wangchuck v. DHS, 5/15/06)
CA2 on Equitable Tolling of MTRs and Jurisdiction to Review Sua Sponte Decisions
The court held that the BIA did not abuse its discretion in refusing to equitably toll the time period on motions to reopen and that it had no jurisdiction to review the BIA’s discretionary decision not to reopen the case sua sponte. (Ali v. Gonzales, 5/12/06)
CA3 Finds BIA Erred in Not Reopening Due to Changed Conditions
The court found that the BIA committed an error of law when it held that Petitioners’ motion to reopen based on changed conditions was time barred under 8 CFR §1003.2(c)(3)(ii). (Filja v. Gonzales, 5/12/06)
CA2 Sets Time Limit for BIA to Issue “Social Group” Decision
Noting that the BIA has not decided whether affluent Guatemalans are a particular social group, the court remanded and gave the BIA 49 days to respond. (Ucelo-Gomez v. Gonzales, 5/9/06)
CA2 Affirms BIA’s Decision in Matter of Vargas
The court held that first degree manslaughter in violation of New York Penal Code §§125.20(1) or (2) is a crime of violence under 18 USC §18(b) and is therefore, an aggravated felony under INA §101(a)(43)(F). (Vargas-Sarmiento v. Gonzales, 5/8/06)
CA2 Finds Jurisdiction to Review VWP Asylum Claim
The court found jurisdiction to review the denial of Petitioner’s asylum claim even though her visa waiver case did not occur in a removal proceeding because the denial of her claim was the functional equivalent of a removal order. (Kanacevic v. INS, 5/5/06)
USCIS Memo on Disclosing Petitioners' Criminal Histories to Beneficiaries
A 5/3/06 memo from Robert Divine, USCIS Acting Deputy Director, addressing the concerns involved in disclosing certain information relating to petitioners' criminal histories to potential beneficiaries.
CA2 Rejects BIA’s Finding of Changed Circumstances in Mauritania
The court found that the BIA relied on an outdated DOS report, accepted the report’s general statements, did not make an individualized assessment of Petitioner’s situation, and failed to consider evidence contradicting the report. (Tambadou v. Gonzales, 5/3/06)
CA2 Says Presumption Arising from I-589 Signature Is Rebuttable
The court held that when challenging the accuracy of an asylum application signed under penalty of perjury, the IJ must evaluate the petitioner's explanations and determine whether the presumption under 8 CFR §208.3(c)(2) has been rebutted. (Pang v. BCIS, 5/3/06)
CA3 Finds BIA Mischaracterized Evidence and Remands Asylum Claim
The court found that the BIA mischaracterized the nature and degree of the threats faced by Petitioner and held that he established a well-founded fear in Guatemala. (Chavarria v. Gonzales, 5/3/06)
CA2 Upholds Adverse Credibility in Chinese Forced Abortion Case
The court upheld the adverse credibility finding where the material inconsistencies between Petitioner’s application and testimony were so self-evident, the IJ/BIA did not have to give Petitioner an opportunity to respond. (Ye v. Gonzales, 5/2/06)
Attorney General Disapproves CAT Relief for Mentally Ill Respondent
The AG found that the mentally ill pre se respondent did not show eligibility for CAT as evidence did not establish that each step in the hypothetical chain of events leading to torture is more likely than not to happen. Matter of J-F-F-, 23 I&N 912 (AG 2006)
CA8 Holds No INA §242(e)(2) Habeas Review of Reinstated Expedited Removal Order
The court held that the habeas corpus review of expedited removal orders provided by INA §242(e)(2) is not available when an expedited order is reinstated because INA §241(a)(5) bars review of the underlying order of removal. (Ochoa-Carillo v. Gonzales, 5/1/06)
CA7 Holds No Jurisdiction to Review Denial of Motion to Reopen
The court held, for purposes of INA §242(a)(2)(D), the IJ’s application of the continuous physical presence standard to the facts was not a “question of law” and no due process claim existed because extreme hardship is a discretionary element. (Cevilla v. Gonzales, 5/1/06)
CA3 Overturns IJ’s Credibility Finding in Scathing Opinion
The court found that substantial evidence did not support the IJ’s conclusion that Petitioner’s father was alive noting that the IJ relied on death certificates that he had excluded from evidence and that he failed to address newspaper articles regarding the death. (Shah v. Gonzales, 4/28/06)
Stories of ICE Sweeps--True or Not? (Revised 4/27/06)
Reports of new enforcement activity against employers and alleged undocumented workers, including sweeps, raids and other activity may be rumor.
DHS Unveils New Interior Enforcement Strategy
ICE news release outlines the department's new strategy to expand interior enforcement efforts. The new enforcement plan, which is the second phase of DHS's Secure Border Initiative, will target employers of undocumented aliens, immigration violators inside this country, and criminal networks.
USCIS Seeks Comments on Application for Asylum and Withholding of Removal (Form I-589)
USCIS seeks comments on Form I-589, Application for Asylum and Withholding of Removal. This is a revision of a currently approved information collection. Comments due by 6/20/06 (71 FR 20711, 4/21/06)
CA2 Finds No Abuse of Discretion in Denial of CAT Claim
The court found jurisdiction to review the denial of a continuance, upheld the IJ’s adverse credibility determination as supported by substantial evidence, and held that the BIA did not abuse its discretion in refusing to remand. (Sanusi v.Gonzales, 4/18/06)
CA7 Rules Habeas Challenges to Detention Must Name Warden As Custodian-Respondent
The court rejected Petitioner’s contention that the Attorney General, DHS Secretary, and/or ICE Field Officer Director were appropriate custodians-respondents to a habeas petition challenging present physical confinement. (Kholyavskiy v. Achim, 4/17/06)