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
EOIR Releases Immigration Court Video Advisals
EOIR released the prerecorded video advisals that it has begun using in some immigration courts. The videos are in English and Spanish and targeted separately to detained and non-detained individuals. EOIR has replaced interpreters at some master calendar hearings with these video advisals.
OSC Takes Disciplinary Action Against Former Immigration Judge for Hatch Act Violation
The U.S. Office of Special Counsel (OSC) announced that Carmene “Zsa Zsa” DePaolo, a former immigration judge, had been fined $1,000 with a 30-month debarment from federal service for violating the Hatch Act from the bench. DePaolo was found to have made partisan statements during a hearing.
CRS Report Provides Legal Overview of Immigration Detention
CRS released a report providing an overview of immigration detention. The report lays out the legal and historical background of detention, the statutory framework that provides for detention, and legal issues concerning DHS’s detention powers, including indefinite detention and detention of minors.
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Said He Was Confused by IJ’s Questioning
The court held that substantial evidence supported the BIA’s affirmance of the denial of asylum, finding that the record provided ample support for the IJ’s conclusion that the petitioner’s statements were inconsistent and that his explanation was implausible. (Loja-Paguay v. Barr, 9/16/19)
BIA Terminates Proceedings Under Matter of Stockwell
Unpublished BIA decision grants interlocutory appeal and terminates proceedings against respondent whose conditional LPR status was terminated but who later adjusted status under Matter of Stockwell, 20 I&N Dec. 309 (BIA 1991). Special thanks to IRAC. (Matter of Loayza, 9/16/19)
FAQs on Military Parole in Place and Deferred Action
Military Parole in Place (PIP) provides parole on a case-by-case basis to certain undocumented family members of active duty members of the armed forces and veterans. Learn more about PIP and deferred action, the warnings that the programs will end, and the potential impact of ending these benefits.
ICE Issues Purported Fact Sheet on Things to Know about Immigration Enforcement
ICE issued a news release on six things to know about immigration enforcement, including the consequences of interfering with an ICE officer’s duties, raids, sanctuary policies, immigration detainers, and the Privacy Act.
Fact Sheet on Seeking Release from Immigration Detention
The American Immigration Council released a fact sheet providing a brief overview of the process individuals must undergo to seek release from immigration detention.
CA5 Finds Petitioner’s Texas Drug Delivery Conviction Rendered Him Removable
The court held that the petitioner’s Texas conviction for possession of meth with intent to deliver was an offense “relating to a controlled substance” as defined in the Controlled Substances Act (CSA), thus rendering him removable under INA §212(a)(2)(A)(i)(II). (Padilla v. Barr, 9/12/19)
DHS Acting Secretary Issues Letter on Protecting DHS Law Enforcement Partners
In a letter, DHS Acting Secretary Kevin McAleenan noted that individuals who pursue violent resistance against ICE will be arrested and referred to DOJ for prosecution. McAleenan noted that he has asked the Federal Protective Service to present a detailed plan for securing ICE facilities nationwide.
Sign-On Letter to Members of Congress on FY2020 DHS Spending Bill
On 9/12/19, AILA and other organizations signed on to a letter urging cuts to the Department of Homeland Security (DHS)’s budget for detention, enforcement, and border militarization and to terminate DHS’s authority to transfer and reprogram funds.
BIA Remands to Consider Whether Permanent Bar Applies to Respondent Who Was Removed Unlawfully
Unpublished BIA decision remands for further consideration of whether respondent is inadmissible under INA 212(a)(9)(C)(i) in light of testimony that he was removed without a hearing before an IJ before he illegally reentered. Special thanks to IRAC. (Matter of Valdivia-Muro, 9/12/19)
BIA Holds New Jersey Burglary Statutes Are Not CIMTs
Unpublished BIA decision holds that second and third degree burglary under N.J. Stat. Ann. 2C:18-2 are not CIMTs because statute does not require entry into a dwelling and intent to commit a CIMT offense. Special thanks to IRAC. (Matter of Dargbeh, 9/11/19)
EOIR Provides AILA with Information on New Port Courts
EOIR provided AILA with responses to some of AILA’s questions on the operations at the new port courts in Laredo and Brownsville, Texas.
AILA Statement for House Hearing on Medical Deferred Action for Critically Ill Children
AILA submitted a statement to the House Oversight Subcommittee on Civil Rights and Civil Liberties for the September 11, 2019, hearing on the administration’s apparent revocation of medical deferred action for critically ill children.
CA2 Says INA’s “Changed Circumstances” Exception Allows Applicant to Raise Multiple Claims in Asylum Application
The court held that the plain language of INA §208(a)(2)(D) compels the conclusion that the “changed circumstances” exception to the one‐year deadline for filing an asylum application refers to the entire application, rather than the individual claim. (Yang v. Barr, 7/2/19, amended 9/11/19)
CA7 Says INA §242(a)(2)(A)’s Jurisdictional Bar Applied Where Petitioner Had Withdrawn Application for Admission
The court affirmed dismissal of the case for lack of jurisdiction under INA §242(a)(2)(A), finding that the jurisdictional bar still applied because an “order of removal” refers to both an order to remove and an order that a noncitizen is removable. (Odei, et al. v. DHS, et al., 9/10/19)
CA5 Upholds Denial of Asylum to Honduran Woman Who Claimed She Was Unable to Leave Her Relationship
The court held that substantial evidence supported BIA’s finding that petitioner had failed to show that she was harmed by her ex-boyfriend on account of her membership in the particular social group of Honduran women unable to leave their relationships. (Gonzales-Veliz v. Barr, 9/10/19)
IJ Finds Respondent’s Conviction for Grand Larceny in the Fourth Degree in New York Is Not a CIMT
The IJ found that the respondent’s conviction for grand larceny in the fourth degree in violation of New York law was not a crime involving moral turpitude (CIMT) pursuant to the Second Circuit’s decision in Obeya v. Sessions. Courtesy of Alexander Segal. (Matter of K-R-, 9/10/19)
BIA Rescinds In Absentia Order Due To Faulty NTA and Service Thereof
Unpublished BIA decision rescinds in absentia order because NTA did not contain warnings about addresses changes and the hearing notice was served on an attorney who previously withdrew from the case. Special thanks to IRAC. (Matter of Flores-Martinez, 9/10/19)
CA1 Finds NTA’s Failure to Include Time and Date of Removal Hearing Was Not a Jurisdictional Flaw
The court held that the Supreme Court’s decision in Pereira v. Sessions did not invalidate the petitioner’s Notice to Appear (NTA), even though the NTA failed to include the date and time of the petitioner’s removal hearing. (Goncalves Pontes v. Barr, 9/6/19)
EOIR Releases ECAS Handbooks and Manuals
Hoppock Law Firm obtained via FOIA the handbooks and manuals that identify how the EOIR Courts & Appeals System (ECAS) initiative and database work.
Groups File Lawsuit Challenging Legitimacy of Acting USCIS Director to Issue Several Asylum Directives
Several groups filed a lawsuit in federal court against the Trump administration to challenge a set of asylum directives issued by Acting USCIS Director Ken Cuccinelli, alleging that the directives violate the U.S. Constitution and federal law. (L.M.-M., et al. v. Cuccinelli, et al., 9/6/19)
Immigration Legal Services Provider Files Lawsuit Challenging Government’s Termination of Deferred Action Program
The Irish International Immigrant Center filed a lawsuit in federal court challenging the Trump administration’s 8/19 termination of USCIS field offices’ authority to grant deferred action in non-military cases. (Irish International Immigrant Center, Inc. v. Cuccinelli, et al., 9/5/19)
CA3 Finds IJ and BIA Misapplied Framework for Making Particularly Serious Crime Determinations
The court granted the petition for review, holding that the IJ and BIA erred in finding that the petitioner’s conviction for conspiracy to commit wire fraud was a conviction for a particularly serious crime rendering him ineligible for withholding of removal. (Luziga v. Att’y Gen., 9/5/19)