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
Update on the Immigration Court in New Orleans
EOIR advises that the Immigration Court in New Orleans is scheduled to reopen.
DHS Corrects Earlier Notice on Chicago Lockbox Filings
DHS corrects and clarifies its 11/19/04 notice regarding certain Chicago Lockbox filings in the Direct Mail Program. (70 FR 73254, 12/09/05)
CA4 Rejects Argument that Review of Denial of Motion to Remand for Non-LPR Cancellation is Barred
CA4 points out that the BIA, in denying the motion to remand, did not actually consider or deny an application for cancellation of removal or the other form of discretionary relief enumerated in §242(a)(2)(B)(i). (Obioha v. Gonzales, 12/8/05)
CA9 Addresses Seven Year Residence Requirement for Cancellation of Removal
Petitioner met the continuous residence "after having been admitted in any status” requirement for purposes of cancellation because his mother’s earlier admission for permanent resident status while Petitioner was an unemancipated minor was imputed him. (Cuevas-Gaspar v. Gonzales, 12/7/05)
CA9 Holds Border "Turn Around" Does Not Interrupt Continuity of Presence
CA9 held that a short departure from the U.S., such as a brief return to the native country for family reasons, does not necessarily interrupt the accrual of physical presence for purposes of cancellation of removal. (Tapia v. Gonzales, 12/6/05).
CA9 Denies Government’s Request for Rehearing En Banc in Asylum Case Involving Disabled Russian Child
CA9 denied the petition for a rehearing en banc. Seven judges dissented, stating that the case had profound implications and that by allowing the harms suffered by a child to be imputed to the parent, the panel had created a reverse derivative asylum claim. (Tchoukhrova v. Gonzales, 12/5/05)
CA9 Rejects Asylum Claim of Chinese Christian Giving Little Weight to Hearsay Evidence (Updated 9/8/06)
The Court found that Petitioner failed to demonstrate past persecution well-founded fear, and that where an applicant’s testimony consists of hearsay evidence, the statements by the out-of-court declarant may be accorded less weight by the trier of fact. (Gu v. Gonzales, 12/1/05)
CA5 Finds IJ Abused Discretion by Failing to Grant Reopening for Lack of Notice
Where hearing notice was sent by regular mail (not certified mail), the IJ erred by presuming effective service and by failing to give adequate evidentiary weight to the affidavits of Petitioner and counsel attesting to nondelivery. (Maknojiya v. Gonzales, 12/1/05)
AILA Practice Alert: I-90 Interviews
Tip from the field on important developments in the I-90 interview.
CA2 on Economic Persecution
The court upheld the IJ’s determination that the economic harm suffered by Petitioner, including dismissal from a university and employment in a factory for over 20 years, did not constitute persecution. (Damko v. Gonzales, 11/30/05)
CA7 Vacates Removal Order Against AOS Eligible Alien
Criticizing the government’s handling of such cases, CA7 vacated an order of removal against a noncitizen who complied with all the requirements for an adjustment application and was merely awaiting the adjudication of his U.S. citizen wife’s visa petition. (Benslimane v. Gonzales, 11/30/05)
DHS Requests Comments on I-212 Information Collection Request
DHS extends comment period on information collection request regarding Form I-212, Application for Permission to Reapply for Admission Into the U.S. After Deportation or Removal. Comments due 12/28/05. (70 FR 71328, 11/28/05)
White House Outlines Proposal for Immigration Reform
Release from the White House outlining President Bush's three-part plan regarding comprehensive immigration reform.
President's Remarks on Immigration Reform
Transcript of President's 11/28/05 remarks regarding immigration reform.
CA3 Finds IJ’s Adverse Credibility Determination Was Erroneous
The court found that even though it must afford substantial deference to the IJ's adverse credibility finding, the contradiction between the doctor’s note and the petitioner’s testimony was created by the IJ’s own strained interpretation of the note. (Butt v. Gonzales, 11/23/05)
CA10 Affirms VAWA Cancellation Denial
The court held it lacked jurisdiction under INA §242(a)(2)(B) to review Petitioner’s claims that the BIA erred in finding she failed to establish “extreme cruelty.” (Perales-Cumpean v. Gonzales, 11/25/05)
BIA Recognizes Trial Court Modification of Criminal Sentence for Immigration Purposes
The BIA held that a trial court’s decision to modify or reduce a criminal sentence nunc pro tunc is entitled to full faith and credit by IJs and the BIA and is valid for immigration purposes without regard to the reason for the modification or reduction. (Matter of Cota, 11/18/05)
CA9 Says Voluntary Departure Period Is Automatically Tolled If MTR is Filed Before Period Has Expired
The court held that a motion to reconsider filed before the expiration of the voluntary departure period automatically tolls the voluntary departure period while the BIA adjudicates the motion. (Barroso v. Gonzales, 11/18/05)
CA9 Addresses Prevailing Party Status for EAJA Purposes
The court held that a district court order attesting to a voluntary stipulation to stay deportation pending the BIA’s adjudication of a motion to reopen conveyed “prevailing party” status under EAJA because it awarded a substantial portion of the relief sought. (Carbonell v. INS, 11/18/05).
Text of the Border Security and Terrorism Prevention Act of 2005 (H.R. 4312)
Text of the Border Security and Terrorism Prevention Act of 2005 (H.R. 4312), as introduced by Rep. Peter King (R-NY). The House Committee on Homeland Security amended and passed this enforcement-only bill by a voice vote on 11/17/05.
DHS Announces DOJ Motion That Would Allow Expedited Removal to be Applied to Salvadorans
DHS announces DOJ decision to file a motion to end the 1980's Orantes injuction which, if successful, will allow DHS to apply Expedited Removal to Salvadorans.
CA7 Criticizes DHS and DOJ, But Says Being a “Material Witness” is Not a Basis for Asylum
The Court criticized DHS and DOJ for not giving systematic guidance on credibility issues to IJs and the BIA, but ultimately denied Petitioner’s claim, stating that being a material witness was not a basis for asylum. (Djouma v. Gonzales, 11/15/05)
CA5 Finds Clock Stopping Provision May Not Be Applied Retroactively
The court found that the stop-time rule did not apply retroactively to Petitioner’s 1989 theft conviction, a crime of moral turpitude, to end the accrual of continuous physical presence for purposes of relief under former §212(c). (Gonzalez-Garcia v. Gonzales, 11/15/05)
CA5 Declines to Raise Venue Issue Sua Sponte
While noting that venue was not proper under INA §242(b)(2) because the immigration proceedings occurred outside the 5th Circuit, the court held that it would be unfair to force the parties to relitigate in a new forum. (Jama v. Gonzales, 11/15/05)
CA5 Finds Clock Stopping Provision May Not Be Applied Retroactively
The court found that the stop-time rule did not apply retroactively to Petitioner’s 1989 theft conviction, a crime of moral turpitude, to end the accrual of continuous physical presence for purposes of relief under former §212(c). (Gonzalez-Garcia v. Gonzales, 11/15/05)