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
DHS OIG Recommends Immediate Removal of All Detainees from the Torrance County Detention Facility
DHS OIG recommended that all detainees at the Torrance County Detention Facility be relocated unless and until the facility ensures adequate staffing and appropriate living conditions. DHS OIG found critical health and safety risks to the detainees in their unannounced inspection of the facility.
BIA Invites Amicus Briefs on Vacatur of a Criminal Conviction
The BIA invites interested members of the public to file amicus briefs discussing what factors the BIA should weigh when considering an untimely motion to reopen that is premised on a vacatur of a criminal conviction. Briefs are due by April 6, 2022.
CA2 Says Conviction for Using a False Document in Connection with Application for U.S. Passport Is a CIMT
The court held that the petitioner’s conviction for using a false document in connection with his application for a U.S. passport in violation of 18 USC §1001(a) was a crime involving moral turpitude (CIMT) that rendered him ineligible for cancellation of removal. (Cupete v. Garland, 3/16/22)
CA3 Upholds Denial of Asylum to MS-13 Gang Member from El Salvador
The court held that substantial evidence supported BIA’s affirmance of IJ’s denial of asylum based on the finding that petitioner’s testimony was not credible, and that petitioner’s due process rights were not violated during his removal proceedings. (Hernandez Garmendia v. Garland, 3/16/22)
OIDO Provides Inspection Report on Limestone County Detention Center
OIDO conducted an unannounced inspection of Limestone County Detention Center, finding the facility did “fall short” of 2000 National Detention Standards. OIDO made recommendations for ICE to move LCDC to a “specific version” of detention standards and ICE concurred.
CA5 Finds That Petitioner Was Not Entitled to Reopening and Termination of His Removal Order Based on Pereira v. Sessions
The court held that its precedent foreclosed petitioner’s challenge to the BIA’s denial of his first motion to reopen, where the petitioner claimed that his Notice to Appear (NTA) was defective because it did not include the time or date of his removal hearing. (Garcia v. Garland, 3/14/22)
CA5 Holds That Petitioner’s Tennessee Conviction for Attempting to Launder Drug Money Was an Aggravated Felony
The court upheld the BIA’s determination that the petitioner, who had pleaded guilty to attempting to launder money in violation of Tennessee Code Sections 39-12-101 and 39-14-903, was removable pursuant to INA §101(a)(43)(U). (Fakhuri v. Garland, 3/11/22)
CA8 Says BIA Did Not Err in Finding That There Was Substantial and Probative Evidence of Marriage Fraud
The court upheld the BIA’s dismissal of the petitioner’s appeal of USCIS’s denial of her I-130 petition filed on behalf of her husband, finding that the BIA did not err in determining that there was substantial and probative evidence of marriage fraud. (Iyawe v. Garland, et al., 3/11/22)
BIA Remands Case to IJ to Determine Whether Respondent Filed Frivolous Asylum Application
BIA held that when DHS raises mandatory bar for filing frivolous asylum application, IJ must make sufficient findings of fact and conclusions of law on whether requirements for frivolousness determination under Matter of Y-L- have been met. Matter of M-M-A- 28 I&N Dec. 494 (BIA 2022)
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 74
EOIR updated appendix O of the policy manual with adjournment code 74. The reason is “Public Health,” and the definition is “Adjourned for public health reasons.”
ICE Releases Annual Report for FY2021
ICE released its annual report for FY2021. The report includes information on Enforcement and Removal Operations, detention and alternatives to detention, Title 42 expulsions, Homeland Security Investigations, and more.
Over 100 House Democrats Send Letter to DHS to Halt Immigration Detention
AILA endorsed and worked to garner support from over 100 House Democrats for a letter to DHS urging the agency to halt the expansion of immigrant detention, phase out private for-profit facilities, and conduct a review of all ICE detention facilities.
AILA and Partners Submit Amicus Brief on Protection for Transgender Women
AILA and partners submitted a brief in Matter of Alor Reyes arguing the narrow reading of the nexus requirement ignores realities for transgender women in Mexico, the Mexican government is unwilling and unable to protect transgender women, and the BIA should reverse the IJ’s decision.
CRS Provides Updated Report on Legal Issues with DHS “Metering” Policy
CRS provided an updated legal sidebar on “metering,” which limited the amount of asylum seekers processed daily on the southwest border. The report focuses on Al Otro Lado v. Mayorkas conflicting with Title 42, but accounts for the recission of the metering policy in November 2021.
CA9 Remands for BIA to Consider Whether California Conviction for Rape of an Unconscious Person Is an Aggravated Felony
The court remanded for the BIA to consider whether the petitioner’s conviction for felony rape of an unconscious person in violation of California Penal Code (CPC) §261(a)(4) was an aggravated felony barring cancellation of removal. (Valdez Amador v. Garland, 3/9/22)
EOIR Updates Procedure for Requesting ROPs in the Policy Manual
EOIR updated procedures for parties to request ROPs in Parts I, II, and III of the policy manual.
CA5 Finds Guatemalan Petitioner Failed to Show a Well-Founded Fear of Future Persecution Based on a Protected Ground
The court held that the petitioner had failed to show that the harm she suffered in Guatemala rose to the level of persecution or that she had a well-founded fear of future persecution on account of her anti-police corruption political opinion. (Gregorio-Osorio v. Garland, 3/4/22)
CA5 Finds BIA’s Denial of Cancellation of Removal to Guatemalan Petitioner Was Supported by Substantial Evidence
Upholding the BIA’s and IJ’s denial of cancellation of removal, the court held that the petitioner had failed to establish that his family would suffer hardship above and beyond that regularly faced by families who are separated by one member’s removal. (Raymundo Morales v. Garland, 3/4/22)
CA5 Upholds Denial of Motion to Reopen Where Petitioner Alleged Conditions Had Materially Worsened in El Salvador
The court upheld the BIA’s denial of the untimely motion to reopen, rejecting the petitioner’s claims that the BIA had misapplied Singh v. Lynch and that conditions in El Salvador had materially worsened since the issuance of her removal order. (Martinez-Guevara v. Garland, 3/3/22)
CA8 Upholds Denial of Asylum to Salvadoran Petitioner Who Feared Persecution Based on Her Religious Activities and Gender
Upholding the BIA’s asylum denial, the court held that petitioner had failed to show that her fear of future persecution was objectively reasonable, because her evidence did not support her claim of a particularized fear based on her religious activities. (Rivera Menjivar v. Garland, 3/3/22)
Practice Alert: DHS Affirmatively Filing Motions to Dismiss in Limited Cases
AILA informs on a limited initiative by DHS to affirmatively identify certain cases to remove from court dockets to be finalized before USCIS. Members may be served or have already been served with a motion to dismiss certain non-detained, removal cases, with pending family-based AOS applications.
Nineteen Senators Call on Senate Leadership to Fund Legal Representation for Immigrants
On March 3, 18 senators joined Senator Gillibrand (D-NY) in calling on Senate leadership to include funding for DOJ for legal representation programs for immigrants in the FY2022 appropriations bill.
Let’s Give a Hand to AILA Members Doing Amazing Pro Bono Work!
AILA's Practice and Professionalism Center works with AILA members to help them engage in pro bono activities; this Think Immigration post is an opportunity to learn and get inspired by three of our recent Pro Bono High Five videos.
CA3 Remands Where BIA Inserted Itself into Factfinder Role in Denying Petitioner’s CAT Claim
Remanding petitioner’s Convention Against Torture (CAT) claim, the court held that the BIA erred by disagreeing with the IJ’s weighing of the evidence when it reversed the IJ’s factual determination that petitioner would likely be tortured in Guatemala. (Arreaga-Bravo v. Att’y Gen., 3/2/22)
CA4 Upholds Asylum Denial to Petitioner Who Claimed She Was Persecuted on Account of Her Family Relationship to Her Sister
Denying the petition for review, the court found that substantial evidence supported the BIA’s conclusion that the petitioner’s family relationship to her sister was not a central reason for her persecution by her sister’s abusive ex-husband. (Toledo-Vasquez v. Garland, 3/2/22)