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
CA6 Holds that Illinois Sex Abuse Conviction is an Aggravated Felony
The court concluded that Petitioner’s sexual abuse conviction constitutes a crime of violence and, therefore, an aggravated felony. (Patel v. Ashcroft, 3/8/05)
CA3 Says IJ’s Frivolousness Finding Violated Due Process
Noting that a finding of frivolousness is extreme because it permanently bars individuals from any immigration benefit, the court held that the IJ violated Petitioner's due process rights by failing to comply with legal requirements to make such a finding. (Muhanna v. Gonzales, 3/3/05)
CA9 Reverses Removability Finding Based on Voter Fraud
The court held that Petitioner was not removable for having voted in violation of Hawaii law because she did not “knowingly” commit voter fraud and, thus, lacked the requisite mental state for violating the Hawaiian statute at issue. (McDonald v. Gonzales, 3/2/05)
CA7 Finds that INA §242(f) Not Applicable to Stay Requests
The court rejected the government’s position that INA §242(f) governs stay requests and instead held that, in permanent rule cases, INA §242(b)(3)(B) authorizes it to issue stays of removal if traditional equitable standards merit it.(Hor v. Gonzales, 3/2/05).
CA3 Says Voluntary Departure Overstay Bar Does Not Apply to MTRs Filed Before Departure Date In Pre-IIRIRA Cases
The court reasoned that the failure to act on a motion to reopen filed prior to the expiration of the voluntary departure period is an “exceptional circumstance,” rejecting the BIA’s contrary holding in Matter of Shaar. (Barrios v. U.S. Att'y Gen., 2/25/05)
Summary and Analysis of House Version of REAL ID Act (H.R. 418)
Summary and selected analysis of provisions of the REAL ID Act of 2005 (H.R. 418), as passed by the House on 2/10/05.
CA7 Finds Illinois Obstruction of Justice Conviction is CMT
The court acknowledged that an Illinois statute lacks the specific element of fraud, but still found that Petitioner’s crime "sufficient to support a finding of moral turpitude, namely, making false statements and concealing criminal activity.” (Padilla v. Gonzales, 2/22/05)
Cerda Memo: Guidance on ICE Release Gratuity Program for Release Following Long-Term Immigration Detention
This ICE memo from February 18, 2005, provides guidance on implementation of the release gratuity program for qualified non-citizens eligible for release following long-term immigration detention.
CA1 Denies Asylum Based on Single Incident of Harm and Changed Conditions
The court found that Petitioner failed to show past persecution or a well-founded fear based on a single incident of harm to his father, the lack of harm to family members still in Guatemala, and changed conditions. (Rodriguez-Ramirez v. Ashcroft, 2/17/05)
EOIR Posts Notice Regarding Rejection of Motions Filed on EOIR-26 Forms
The Executive Office for Immigration Review advises that, commencing 2/7/05, it will reject motions filed on EOIR-26 notice of appeal forms.
MTRs under Barahona-Gomez v. Ashcroft Due by 3/20/05
The Executive Office for Immigration Review notice advises that 3/20/05 is the deadline for eligible class members to file Motions to Reopen under Barahona-Gomez v. Ashcroft (addressing certain suspension cases barred from approval due to the 4,000 annual cap concerns).
CA5 Finds No Constitutional Interest in §212(c) Relief; Does Not Consider Statutory Interest
The court reasoned that the erroneous denial of §212(c) relief did not render the deportation proceeding unfair because there is no constitutionally protected due process right to such relief. The court did not consider whether Petitioner had a statutory right. (Nguyen v. Gonzales, 2/9/05)
CA1 Upholds Denial of Asylum for Coptic Christian from Egypt
The court upheld the IJ’s determination that Petitioner lacked a subjective fear of persecution because he returned to Egypt on three separate occasions, and failed to corroborate his claim of past persecution. (Diab v. Ashcroft, 2/8/05)
DHS Releases FY2006 Budget Request
The DHS's FY2006 budget proposal requests $1,854 billion (an increase of $79 million from FY2005), including $80 million in discretionary funding, and $1,774 billon in mandatory funding generated from fee revenues.
Refugee Protection—Upholding an American Tradition
AILA welcomes the USCIRF findings in a study mandated by Congress on asylum seekers in expedited removal. H.R. 418 goes against the Commission’s recommendations and our traditions, and ignores the reforms that have been undertaken in the asylum system.
CA6 Holds Ohio Simple Possession Conviction Not an Aggravated Felony
CA6 concluded that an Ohio conviction for simple possession of heroin was not a "drug trafficking crime" and, thus, not an "aggravated felony", because the maximum possible sentence did not exceed one year. (Chi Jing Liao v. Rabbett, 2/7/05)
CA3 Says Racial Slurs Not Proof of Ethnic Persecution
The court found that use of racial slurs by Petitioners’ attackers was not adequate proof that the attackers were motivated by ethnicity, and that two robberies did not amount to persecution because they resulted in only theft of property and minor injuries. (Lie v. Ashcroft, 2/7/05)
CA1 Affirms LPR Abandonment Finding
The court held that substantial evidence supported the IJ’s order of exclusion against Petitioner for having abandoned his permanent resident status in the U.S. in favor of residence in Canada. (Katebi v. Ashcroft, 2/3/05)
CA10 Reverses Removal Order Based on Vacated Conviction Where Basis of Vacatur Unclear
Because the record was unclear as to whether the vacatur of Petitioner’s conviction was merits-based or equity-based, the court found that INS failed to meet its burden of proving removability, and reversed the removal order. (Cruz-Garza v. Ashcroft, 2/2/05)
CA9 Orders Evidentiary Hearing on Unlawful Arrest and Forced Departure Claims
If border agents unlawfully arrested and forced petitioner to depart while proceedings were pending, he can apply for suspension of deportation and INS would be estopped from using his subsequent attempted reentry to render him removable, the court ruled. (Salgado-Diaz v. Ashcroft, 1/31/05)
CA4 Holds that Untested Khat is Not a Controlled Substance
CA4 reasoned that petitioner was not removable on the basis of controlled substance charges because khat is not listed as a controlled substance and the khat that formed the basis of the charges was not tested to determine if it contained a controlled substance. (Argaw v. Ashcroft, 1/31/05)
Notes from NGO Meeting with Border Patrol Chief (1/31/05)
Disucssions in a meeting between non-governmental organizations, including AILA, and the Office of the Chief of Border Patrol, included such topics as infrastructure proposals, MOU between ICE and CBP, and expedited removal.
EOIR Interim Rule on Background and Security Investigations
EOIR's interim rule makes significant changes affecting granting of relief in removal proceedings pending security investigations, and consequences of respondents’ failure to comply. Comments are due 4/1/05. (70 FR 4743, 1/31/05)
State Bar of Texas Meeting Minutes (1/28/05)
The 1/28/05 minutes from the last quarterly meeting of the State Bar of Texas, Committee on Laws Relating to Immigration & Nationality, address a variety of issues, including DORA, backlogs, and pro bono representation.
CA4 Refuses EAJA Fees in Criminal Habeas Actions; Distinguishes Immigration Habeas Actions
The court held that § 2241 habeas petitioners in criminal custody are not entitled to recover EAJA fees because such actions are not purely “civil actions.” The court recognized that its rationale was not applicable to habeas petitions in the immigration context. (O’Brien v. Moore, 1/27/05)