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 Says BIA Erred in Denying Iraqi Petitioner’s Motion to Remand to Consider New Evidence
The court held that the BIA erred in denying the Iraqi petitioner’s motion to remand, finding that his new evidence, particularly two 2017 DOS reports on human rights and religious freedom in Iraq, could be significant to his Convention Against Torture (CAT) claim. (Marqus v. Barr, 7/30/20)
CBP Provides Summary of Medical Implementation Plan
CBP provided a summary of its plans for UFO and USBP to enhance their medical support efforts for individuals in CBP custody and to implement the Enhanced Medical Directive issued by CBP in December 2019. The Implementation Plans include a Concept of Operations and Standard Operating Procedures.
Fearless Lawyering Video Roundtables
Hosted by the Immigration Justice Campaign, these roundtables featured discussions about litigation skills for immigration attorneys. Watch the recordings.
CA9 Holds That a Conviction for Criminal Stalking in California Is Categorically a CIMT
Denying the petition for review, the court held that the BIA did not err in concluding that the petitioner’s conviction under California Penal Code §646.9(a) for criminal stalking was categorically a crime involving moral turpitude (CIMT). (Orellana v. Barr, 7/28/20)
CA2 Finds Chinese Asylum Seeker Failed to Sufficiently Explain Inconsistencies in His Testimony
The court upheld the BIA’s asylum denial, finding that petitioner, who feared religious persecution in China, had failed to sufficiently explain inconsistencies in his testimony, and that the IJ’s adverse credibility determination was supported by substantial evidence. (Gao v. Barr, 7/28/20)
DHS Will Reject Initial Requests for DACA, Limit Renewals to One Year
DHS Acting Secretary Wolf issued a memo rescinding the 2017 and 2018 memoranda that rescinded DACA. Pending reconsideration of the DACA policy, DHS will reject all initial DACA requests, reject new and pending requests for advanced parole, and limit the period of renewed deferred action to one year.
AILA: Trump’s Wind-Down of DACA Once Again Throws Dreamers’ Lives into Turmoil
AILA President Jennifer Minear and AILA Executive Director Benjamin Johnson respond to the Trump administration announcement that it will begin to wind down legal protections for Deferred Action for Childhood Arrivals (DACA) recipients while it conducts a review of the program.
BIA Grants Interlocutory Appeal Challenging Denial of Unopposed Motion to Change Venue
Unpublished BIA decision grants interlocutory appeal and remands for further consideration of unopposed motion to change venue from Atlanta to Seattle. Special thanks to IRAC. (Matter of Miranda-Rodriguez, 7/28/20)
CA5 Finds Petitioner Failed to Demonstrate Materially Changed Country Conditions in India Based on Persecution of His Caste
The court held that the petitioner, who claimed that violence against his Dalit caste in India had worsened since his removal order was issued, had failed to establish the materially changed country conditions necessary to succeed on a successive motion to reopen. (Deep v. Barr, 7/27/20)
CA3 Says BIA Misapplied Court’s Precedent When It Determined That Honduran Asylum Seeker Did Not Establish Persecution
The court held that the BIA and IJ had misstated the court’s precedent in three ways in determining that the harm the Honduran petitioner had suffered did not rise to the level of past persecution, including by requiring him to show severe physical harm. (Blanco v. Att’y Gen., 7/24/20)
CA1 Upholds Denial of Deferral of Removal to Venezuelan Petitioner Who Feared Retaliation by Drug Traffickers
The court held that, based on the administrative record, the Venezuelan petitioner, who had been convicted of heroin trafficking and found removable under INA §101(a)(43)(B), was ineligible for deferral of removal under the Convention Against Torture. (Sanabria Morales v. Barr, 7/24/20)
BIA Finds Plea Vacated Due to Misunderstanding of Immigration Consequences Not a Conviction
Unpublished BIA decision holds that a defendant’s failure to understand the immigration consequences of a guilty plea is a substantive and/or procedural defect that vitiates a conviction for immigration purposes. Special thanks to IRAC. (Matter of Jaimes, 7/24/20)
CA2 Rejects Petitioner’s Argument That Former INA §321(a)(3) Violated His Right to Equal Protection
Upholding the BIA’s denial of the petitioner’s motion to reopen, the court held that it was bound by its precedent in Pierre v. Holder to reject the petitioner’s argument that former INA §321(a)(3) unconstitutionally discriminates on the basis of sex. (Dale v. Barr, 7/23/20)
BIA Says §13-3407 of the Arizona Revised Statues is Divisible with Regard to the Specific Drug Involved in Violation
The BIA issued a decision stating that §13-3407 of the Arizona Revised Statues, which criminalizes possession of a dangerous drug, is divisible with regard to the specific “dangerous drug” involved in a violation of that statute. Matter of P-B-B-, 28 I&N Dec. 43 (BIA 2020)
DHS Reissues Privacy Impact Assessment for CBP and ICE DNA Collection
DHS updated a previously issued PIA to provide notice to the public of biometric DNA collection from individuals detained by ICE and CBP and the associated privacy risks. DHS reissued the PIA to note that CBP Office of Field Operations is expanding the minimum age for DNA collection from 18 to 14.
CA8 Finds BIA Did Not Abuse Its Discretion in Denying Motion to Reopen Based on Changed Country Conditions in Somalia
The court held that the BIA did not err in denying the petitioner’s motion to reopen his removal proceedings based on changed conditions in Somalia, finding that al-Shabaab’s activities between 2008 and 2018 did not represent a material increase in violence. (Shire v. Barr, 7/23/20)
Audio Recording from the July 22, 2020, NAIJ Stakeholder Town Hall Meeting
The National Association of Immigration Judges (NAIJ) hosted a virtual town hall meeting with stakeholders on July 22, 2020, to discuss the challenges facing judges, staff, counsel, respondents, and the public during EOIR’s phased reopening of the immigration courts.
BIA Grants Cancellation Hearing Where Qualifying Relative Aged Out
Unpublished BIA decision finds respondent is entitled to hearing on non-LPR cancellation despite lack of qualifying relative because IJ unduly delayed adjudicating application until respondent's U.S. citizen child was over 21. Special thanks to IRAC. (Matter of Martinez-Perez, 7/22/20)
BIA Holds Witness Intimidation in Massachusetts Is Not a CIMT
Unpublished BIA decision holds intimidation of a witness under Mass. Gen. Laws ch. 268, §13B is not a CIMT because it can be committed recklessly. Special thanks to IRAC. (Matter of Mendoza-Lopez, 7/22/20)
CRS Releases Legal Sidebar on U.S. Immigration Laws Regulating the Admission and Exclusion of Noncitizens at the Border
CRS updated its legal sidebar on laws governing the admission and exclusion of noncitizens at the border, including procedures for asylum seekers and circumstances in which arriving noncitizens may be detained; special rules for treatment of UACs; recent policy changes; and legislative proposals.
BIA Orders Further Consideration of Continuance Pending U Visa Adjudication
Unpublished BIA decision orders further consideration of request for continuance pending adjudication of U visa petition where IJ failed to adequately consider factors under Matter of Sanchez Sosa. Special thanks to IRAC. (Matter of Delgado-Sarmiento, 7/21/20)
CA5 Finds Substantial Evidence Supported IJ’s Adverse Credibility Determination as to LGBT Asylum Seeker from El Salvador
The court upheld the BIA’s finding that the IJ’s adverse credibility determination was not clearly erroneous under the totality of the circumstances, and found that the Salvadoran petitioner could not prevail on his due process claim. (Santos-Alvarado v. Barr, 7/21/20)
CA6 Finds BIA Failed to Consider Evidence of Russian Petitioner’s Threatened Prosecution in Assessing His Asylum Claim
Granting the petition for review, the court held that the BIA erred in disregarding evidence that the petitioner, who had engaged in anticorruption whistleblowing activities, would be criminally prosecuted for his political opinion if he was returned to Russia. (Skripkov v. Barr, 7/20/20)
EOIR 60-Day Notice and Request for Comments on New Form EOIR-59
EOIR 60-day notice and request for comments on proposed new Form EOIR-59, Certification and Release of Records, which will be used by parties who are or were in proceedings before EOIR to release their records to an attorney or other third party. Comments are due 9/15/20. (85 FR 43604, 7/17/20)
U.S. District Court for the District of Maryland Orders DHS to Restore DACA
Judge Paul W. Grimm in the Maryland District Court vacated DACA’s rescission and enjoined DHS from implementing or enforcing the rescission and from taking any other action to rescind DACA that is not in compliance with applicable law. (Casa de Maryland, et al., v. DHS, et.al., 7/17/20)