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 Upholds AWO Procedure
The Sixth Circuit upheld the BIA's Affirmance Without Decision process. It also upheld the IJ's denial of a motion to rescind an in absentia order. (Denko v. INS, 12/8/03)
CA9 Rejects Habeas Claim on Discretionary Finding of a Particularly Serious Crime
The Ninth Circuit affirmed denial of a habeas petition where the petitioner was convicted of an aggravated felony and sentenced to 2 years, and the BIA found in its discretion that the conviction was for a particularly serious crime. (Singh v. Ashcroft, 12/5/03)
CA3 Says IIRAIRA Repealed the Fleuti Doctrine
The court held that IIRAIRA §301(a) repealed the Fleuti doctrine by implication. (Tineo v. Ashcroft, 12/4/03)
CA9 Requires Beyond Reasonable Doubt Standard For Support of Terrorist Organization
CA9 applied a 'beyond reasonable doubt' standard regarding knowledge of the designation or activities of a terrorist organization to a conviction for providing material support to a terrorist organization. (Humanitarian Law Project v. DOJ, 12/3/03)
CA3 Finds Possession with Intent to Distribute May Not Be an Aggravated Felony
The court found that a NJ conviction for possession of 28 grams of marijuana with intent to distribute may not be an aggravated felony, based on analogy to the federal statute which makes an exception for distribution of a small amount for no remuneration. (Wilson v. Ashcroft, 11/26/03)
CA6 Limits Section 236(c) Detention to Reasonable Period
The Sixth Circuit held that detention under section 236(c) is limited to a reasonable period, finding that where actual removal is not reasonably foreseeable, a person cannot be indefinitely detained wihtout strong special justification. (Ly v. Hansen, 11/26/03)
CA7 Finds Firing Gun in Air a "Cultural Purpose" But Rejects Cancellation Claim
The Seventh Circut found that firing a gun in the air on New Year's Eve can meet the "cultural purpose" exception to unlawful gun use, but rejected petitioner's cancellation claim on the basis that this is not part of the American culture. (Lemus-Rodriguez v. Ashcroft, 11/26/03)
CA7 Holds Misdemeanor Battery Not Crime of Domestic Violence
The Seventh Circuit found that an Indiana conviction for misdemeanor battery was not a crime of violence, since the threat or use of force was not a necessary element of the offense under state law. Matter of Martin is rejected. (Flores v. Ashcroft, (11/26/03)
CA1 Upholds Denial of Motion to Reopen Based on Prior Fraud
The court found that the BIA was within its discretion to deny a motion to reopen for adjustment of status even if Petitioner proved his third marriage was genuine, where evidence indicated that two prior marriages were fraudulent. (Krazoun v. Ashcroft, 11/25/03)
CA1 Finds AWO Provides Inadequate Basis for Review
The court remanded the BIA’s affirmance without opinion, finding insufficient information to determine if the BIA affirmed the IJ’s decision based on a reviewable or nonreviewable ground. (Haoud v. Ashcroft, 11/25/03)
CA9 Upholds Affirmance Without Opinion Procedure
The Ninth Circuit found that the BIA's affirmance without opinion procedure does not violate due process. (Falcon Carriche v. Ashcroft, 11/24/03)
CA6 Rejects Late-Filed Appeal
The Sixth Circuit rejected an appeal as untimely where counsel's miscalculation of the due date due to a law practice crisis did not amount to "extraordinary and unique" circumstances, and where the requirements of an ineffective assistance claim were not met. (Sswajje v. Ashcroft, 11/21/03)
ICE Tether Matrix
Tether matrix used by ICE to decide if a foreign national is subject to the Electronic Monitoring Program.
Government’s Crackdown on Immigrants Post 9/11 Creates Climate of Fear, Not Security
Post 9/11, the U.S. government has adopted policies that target individuals for investigation, detention, and removal based on their religion or ethnicity, which fail to enhance our security, have infringed on immigrants’ civil liberties and have created a climate of fear and distrust.
CA9 Rejects Frivolous Asylum Application Finding
The Ninth Circuit concluded that, where the IJ failed to provide petitioner with an adequate opportunity to address discrepancies in his asylum application, a finding that the asylum application was frivolous cannot be sustained. (Farah v. Ashcroft, 11/14/03)
CA3 Remands Asylum Claim for Corroborating Evidence
The court remanded the asylum claim where the IJ did not seek corroborating evidence of Petitioner's husband's political opinions, but specifically requested some documentation. (Mulanga v. Ashcroft, 11/14/03)
CA10 Rejects Jurisdiction over Hardship Determination
The Tenth Circuit held that the hardship determination in a cancellation of removal case was a discretionary decision, and thus barred from review in the courts of appeal under INA section 242(a)(2)(B). (Ventura v. Ashcroft, 11/13/03)
CA9 Upholds Rejection of Ineffective Assistance Claim
CA9 upheld the BIA's denial of a motion to reopen based on ineffective assistance of counsel, finding that the requirement of a sworn affidavit under Lozada is not arbitrary or unduly onerous. (Reyes v. Ashcroft, 11/12/03)
Overview of DHS Tethering Program
ICE presentation overviewing Detention & Removal operations and the agency's new program for electronic monitoring / house arrest. AILA Doc. No. 03111240.
Minutes from ICE Liaison Meeting with AILA (11/12/03)
November 2003 liaison discussions with the Immigration & Customs Enforcement bureau, such topics as ICE structure and initiatives, NSEERS, USVISIT, waiver adjudications, investigations of status violators, and bond determinations. Questions that were not reached during the meeting also are listed.
CA9 Rejects Amendment to Habeas Petition
Finding that an amendment to a habeas petition would have been futile for a petitioner convicted of burglary, CA9 refused to allow a motion for reconsideration to be treated as a habeas petition amendment. (Nunes v. Ashcroft, 11/3/03)
CA3 Upholds Indefinite Detention of Mariel Cuban
The court found that INA §241(a)(6) applies to a Mariel Cuban, but upheld the indefinite detention, finding that the 6-month presumption of reasonableness in Zadvydas does not apply to aliens who have not been admitted to the U.S. (Sierra v. Romaine, 10/29/03)
ACLU Advisory: NSEERS and Special Call-In Registration Re-registration Requirements
This ACLU Advisory outlines re-registration requirements for individuals who registered under both National Security Entry-Exit Registration System (NSEERS) and "Call-in Special Registration."
CSC Written Answers to AILA's Questions (10/29/03)
Although the 10/29/03 CSC liaison meeting was cancelled due to conditions resulting from the fires in the area, the CSC provided written answers to AILA's questions. Issues discussed include NTA issuance, RFEs, correcting I-94s, EB-5 cases, security checks, visa screen requirements, and more.
CA5 Holds That Departure under Administrative VD Terminates Physical Presence
The Fifth Circuit held that a departure following the grant of administrative voluntary departure terminates the continuous physical presence needed for cancellation of removal. (Mireles-Valdez v. Ashcroft 10/27/03)