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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal
AILA’s Asylum and Refugee Committee provided this practice pointer with tips to help ensure proper completion of Form I-589, Application for Asylum and Withholding of Removal.
BIA Holds That Canada Fraud Statute Is Not a CIMT
Unpublished BIA decision affirms that categorical approach applies to foreign convictions and holds that fraud under section 380(b)(1) of the Criminal Code of Canada is not a CIMT. Special thanks to IRAC. (Matter of Omer, 4/18/19)
CA11 Upholds Asylum Denial to Salvadoran Who Received Gang Threats, over Dissent
In an unpublished decision, the court rejected the petitioner’s claim that the Atlanta Immigration Court (AIC) had denied her equal protection rights. The dissent noted that the petitioner’s statistics regarding the AIC merited further inquiry by the BIA. (Diaz-Rivas v. Att’y Gen., 4/18/19)
BIA Affirms IJ’s Decision to Terminate Removal, Finding Fraud Conviction Not a CIMT
In an unpublished BIA decision, the BIA affirmed the Immigration Judge’s decision to terminate removal proceedings, finding that the crime of fraud under $5,000, in violation of section 380(1)(b) of the Criminal Code of Canada is not a CIMT. Courtesy of Richard Hanus.
New York’s Office of the Chief Administrative Judge Issues Protocol Governing Activities in Courthouses
The State of New York’s Office of the Chief Administrative Judge issued a memo governing activities in courthouses by law enforcement agencies, including ICE, stating that ICE can no longer arrest undocumented immigrants inside New York courthouses unless they have a warrant signed by a judge.
AILA: AG Aims to Detain Asylum Seekers, Intruding Further on Immigration Court Independence
In response to the AG’s decision in Matter of M-S-, AILA Treasurer Jeremy McKinney stated, “This decision further expands mandatory and prolonged detention of people who are neither dangerous nor flight risks, practices which are constitutionally suspect and a waste of taxpayer money.”
Attorney General Barr Strips Bond Eligibility From Asylum Seekers: Matter Of M-S- Analysis And Q&A
AILA, NIJC, Human Rights First, and Women’s Refugee Commission provide analysis and Q&A on Matter of M-S-.
AILA Quicktake #263: Attorney General Issues a Decision in Matter of M-S-
AILA’s Director of Government Relations Greg Chen discusses Matter of M-S-.
BIA Holds Maryland Malicious Destruction of Property Not a CIMT
Unpublished BIA decision holds that malicious destruction of property under Md. Code Ann., Crim. Law 6-301 is not a CIMT because it requires no aggravating factors. Special thanks to IRAC. (Matter of S-S-G-W-, 4/17/19)
NWIRP Reaches Settlement with DOJ in EOIR Cease-and-Desist Letter Case
In a settlement agreement with NWIRP, DOJ agreed to issue a new rule clarifying that attorneys are not required to file a notice of appearance with EOIR when providing consultations and legal advice to unrepresented respondents in removal proceedings. (NWIRP v. Sessions, 4/17/19)
CA7 Says BIA Erred in Finding Petitioner’s New Jersey Conviction for Assault with a Deadly Weapon Was a CIMT
The court granted the petition for review and remanded, finding that the BIA committed several legal errors when it concluded that the petitioner’s conviction for assault with a deadly weapon in New Jersey was a crime involving moral turpitude (CIMT). (Garcia-Martinez v. Barr, 4/16/19)
AG Finds Individual Who Is Transferred from Expedited Removal to Full Removal Is Ineligible for Release on Bond
The Attorney General found that if an individual is transferred from expedited removal to full removal proceedings after establishing credible fear, he is ineligible for bond and must be detained, unless he is granted parole. Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Homeland Security Advisory Council’s CBP Families and Children Custody Panel Issues Report on Individuals in CBP Custody
The Homeland Security Advisory Council’s CBP Families and Children Custody Panel released a report that provides findings and recommendations on the best practices from federal, state, and local organizations regarding care for families and children in CBP custody.
CA4 Finds There Is No Right to “Family Unity” Limiting ICE Detainee Transfers
The court affirmed the district court’s dismissal of a lawsuit challenging the constitutionality of ICE’s detainee transfer practices, finding that there is no substantive due process right to family unity in the context of immigration detention pending removal. (Reyna v. Hott, 4/16/19)
CA8 Says INA §236(a) Contains No Reasonableness Limitation on Pre-Removal Order Detention
The court reversed the district court’s order granting the habeas petition, finding that the district court erred when it concluded that pre-removal order detention under INA §236(a) is limited to “the period reasonably necessary to receive a removal decision.” (Ali v. Brott, 4/16/19)
BIA Terminates Proceedings After Finding Kidnapping Is Not a Removable Offense
The BIA terminated proceedings and dismissed the government’s appeal after finding that under the plain language of INA §101(a)(43)(H), kidnapping in violation of 18 U.S.C. § 1201(a) (2012) is not an aggravated felony. Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019)
BIA Holds Pennsylvania Assault Statute Not a CIMT
Unpublished BIA decision finds assault under 18 Pa. Cons. Stat. 2701(a)(3) is not a CIMT because it does not require victims to actually be placed in fear of bodily injury. Special thanks to IRAC. (Matter of Ortega Campoverde, 4/12/19)
BIA Vacates Grant of DHS Motion to Change Venue for Failure of Service
Unpublished BIA decision grants interlocutory appeal and vacates grant of DHS motion to change venue because respondent’s attorney was not served with copy of motion. Special thanks to IRAC. (Matter of Loera Tovar, 4/12/19)
CA8 Remands Where Appellant Alleged Acceptance of Guilty Plea Was Based on Ineffective Assistance
The court held that the district court had abused its discretion, where the appellant had moved to vacate his conviction claiming that his counsel was ineffective by misadvising him about the immigration consequences of his guilty plea. (Dat v. United States, 4/11/19)
TRAC Report Finds Ten-Fold Difference in Odds of ICE Enforcement Depending Upon Where Individual Lives
TRAC found that a person's odds of being arrested and deported vary greatly depending upon where he or she lives. The odds of SC deportations and ICE community arrests showed up to a ten-fold difference among the states. Living in a sanctuary jurisdiction often reduced these odds.
AILA DOS Liaison Q&As (4/11/19)
Official DOS responses and follow-up notes from DOS to AILA/DOS liaison Q&As from a 4/11/19 meeting. Topics include public charge issues, PP 9645 waivers, J-1 exchange visitors, prudential revocation, DS-160/DS-260 issues, processing at various consular posts, LegalNet scope of review, and more.
Safeguarding the Integrity of Our Courts: The Impact of ICE Courthouse Operations in New York State
The ICE Out of Courts Coalition is comprised of over 100 organizations and entities across New York State and gathered qualitative and quantitative data on the negative impact ICE courthouse operations have had on the administration of justice, as well as equal access to justice, in New York state.
CA6 Upholds Denial of Asylum to Guatemalan Citizen Who Was Kidnapped by Gang at Seven Years Old
The court found that substantial evidence supported the BIA’s conclusion that petitioner, who was kidnapped, beaten, and raped by a gang at age seven, had failed to show that the Guatemalan government was unable or unwilling to control her persecutors and protect her. (K.H. v. Barr, 4/8/19)
BIA Holds Matter of Diaz-Lizarraga Does Not Retroactively Apply to Nevada Theft Convictions
Unpublished BIA decision holds that theft convictions under Nev. Rev. Stat. 205.0832(1)(b) entered prior to Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016), are not CIMTs. Special thanks to IRAC. (Matter of Aquinde, 4/8/19)
BIA Says Form I-601 Not Required to Seek 237(a)(1)(H) Waiver
Unpublished BIA decision says applicants for waivers under INA §237(a)(1)(H) need not file a Form I-601. Special thanks to IRAC. (Matter of Perez Sanchez, 4/5/19)