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
CA7 Reverses BIA’s Denial of MTR Based on 180 Day Deadline for Reopening In Absentia Proceedings
CA7 found that the deadline at INA § 240(b)(5)(C)(ii) “is merely a statute of limitations and is therefore subject to equitable tolling.” The court ordered the BIA to reconsider reopening based on the claim that prior counsel rendered ineffective assistance. (Pervaiz v. Gonzales, 4/18/05)
CA2 Finds Detention-Based Habeas Action Qualifies for EAJA Fees
The court held that a habeas petition challenging immigration detention qualifies as a "civil action" for the purposes of EAJA fee recovery and that an interim order of release pending appeal can confer prevailing party status. (Vacchio v. Gonzales, 4/18/05)
CA2 Says False Statement to Asylum Officer Is “False Testimony”
The court gave deference to Matter of R-S-J-, and found that false statements made under oath in an asylum interview is false testimony, thus precluding Petitioner from demonstrating good moral character. (Medina v. Gonzales, 4/14/05)
CA7 Overturns IJ’s Denial of Chinese Catholic Asylum Claim on Credibility Grounds
The Court found that the IJ’s negative credibility and lack of corroboration findings were not supported by substantial evidence. The Court criticized the IJ for repeatedly interrupting Petitioner’s testimony and not allowing her to explain her answers.(Huang v. Gonzales, 4/14/05)
CA9 Finds Denial of Right to Counsel
CA9 found that the IJ violated Petitioner’s right to counsel because he failed to afford him a reasonable time to obtain counsel. It notedthat practical considerations, like detention status and English language ability, should inform the determination. (Biwot v. Gonzales, 4/14/05)
CA8 Refuses to Review IAC Claim
The court considered, but ultimately did not decide, whether INA §242(d)(1) requires issue exhaustion for the ineffective assistance claim. The court stated that "ordinarily an appellate court does not give consideration to issues not raised below." (Etchu-Njang v. Gonzales, 4/8/05).
BIA Says Sexual Abuse of a Minor Bars 212(c) Relief
The BIA held that a person found removable due to conviction for sexual abuse of a minor is ineligible for a 212(c) waiver because the aggravated felony ground of removal he was charged with has no statutory counterpart in the 212(a) grounds of inadmissibility. (Matter of Blake, 4/6/05)
Text of the Civil Liberties Restoration Act of 2005
Text of the Civil Liberties Restoration Act of 2005 (H.R. 1502), introduced by Representative Howard Berman (D-CA) on 4/6/05. The bill seeks to roll back some of the most egregious post-9/11 polices and would secure due process protections and civil liberties for non-citizens in the U.S.
Post-Order Instructions for Submitting Biometrics
As part of the new security checks process for people in proceedings, this form has been provided by immigration courts to respondents who have been granted relief.
Instructions for Submitting Certain Applications in Immigration Court
Instructions for submitting certain applications in Immigration Court and for providing biometric and biographic information to USCIS.
CA3 Says IJ’s Negative Credibility Finding Was Based on His “Unsupported Personal Opinion”
The court found that a Georgian asylum-seeker was entitled to have his asylum case remanded because the IJ’s negative credibility finding was not supported by substantial evidence. (Jishiashvili v. Atty. Gen. of U.S., 4/1/05)
USCIS Issues Memo on Procedures under New EOIR Security Clearance Regulations
A 3/31/05 memo from William Yates, USCIS Association Director for Operations, advising on new procedures required under the new EOIR security clearance regulations for respondents filing applications for relief, and for USCIS issuance of immigration documents.
CA3 Finds Deadline for In Absentia MTR Can Be Equitably Tolled
The court found that the 180-day time limit on filing a motion to reopen an in absentia order can be equitably tolled and that misrepresentations about legal representation constitute a basis for equitable tolling. (Borges v. Gonzales, 3/30/05)
CA9 Discusses Limitations on Adjustment of Status for K-1 Fiancés
Addressing but rejecting a number of arguments, the court held that Petitioner, who entered the U.S. on a K-1 visa but failed to marry the petitioning fiancé was not eligible for adjustment of status under INA §245. (Kalal v. Gonzales, 3/30/05)
EOIR Memorandum on Background and Security Investigations in Proceedings
EOIR memorandum providing instructions to Immigration Judges and the Board of Immigration Appeals on the new rules regarding background and security checks, and the granting of relief.
EOIR Memorandum on Recusal Orders in Immigration Proceedings
EOIR issued a memorandum with instructions for Immigration Judges on procedures for issuing recusal orders in proceedings.
Minutes of 3/17/05 USCIS HQ Liaison Meeting
Discussions with USCIS included such issues as AC21, I-751 waivers, unlawful presence, naming conventions, non-precedent AAO decisions, Infopass, and issues related to dealing with PERM.
CA9 Affirms District Court Jurisdiction Over Bivens Suits; Finds 4th Amendment Violation (Updated 4/10/06)
CA9 held: (1) INA §242 did not preclude a Bivens action for monetary damages; (2) where INS officer had no legal basis to detain Plaintiff pursuant to the expedited removal statute, the officer violated a Fourth Amendment right to be free from unlawful detention. (Sissoko v. USA, 3/16/05)
EOIR Responses to AILA's Liaison Questions (3/16/05)
Liaison issues addressed with EOIR included such topics as e-filing, asylum clock issues, application in Immigration Courts of recent circuit court and BIA decisions, FOIA, the new security clearance regulations, among other pressing issues.
ICE Liaison Minutes (3/16/05)
The liaison minutes record the discussions with ICE regarding such topics as stipulated removal orders, automatic stay provisions, the new EOIR security clearance regulations, Operation Compliance, file sharing, alternatives to detention, among other issues.
CA5 Reverses In Absentia Order Resulting from Petitioner’s Late Arrival
The court held that “it was legal error, and therefore an abuse of discretion, to hold that Petitioner's twenty-minute tardiness constituted a failure to appear.” (Alarcon-Chavez v. Gonzales, 3/14/05)
CA3 Finds Deliberate Imposition of Severe Economic Disadvantage Is Persecution
The court held that the economic restrictions faced by Petitioner, which included a 1200 yuan fine, blacklisting from government employment, and confiscation of personal property, were severe and amounted to persecution in the aggregate. (Li v. Atty. Gen. of U.S., 3/10/05)
AILA Issue Packet on Unaccompanied Children
Bipartisan legislation introduced in the 109th Congress would provide guidelines for the detention, care, and placement of unaccompanied children. This packet will help you advocate for the Unaccompanied Alien Child Protection Act of 2005 (S. 119).
AILA Issue Packet on REAL ID Act
Many of the troubling anti-immigrant provisions that were stripped from the intelligence reform bill have resurfaced as part of the REAL ID Act (H.R. 418). This packet will assist you in opposing the REAL ID Act.
BIA Reaffirms Gabryelsky, Despite Changes to 212(c)
The BIA held that a respondent may seek a 212(c) waiver in conjunction with an application for adjustment of status despite regulatory changes relating to the availability of section 212(c) relief. (Matter of Azurin, 3/9/05)