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
CA7 Holds It Cannot Review BIA Denial of Motion to Reopen Sua Sponte
The court held that the BIA’s decision not to reopen a case sua sponte is an unreviewable discretionary decision, and that Kucana did not disturb prior circuit precedent on denied motions to reopen sua sponte. (Anaya-Aguilar v. Holder, 6/14/12)
BIA Holds Admission to Northern Mariana Islands Not Admission for 245(a) Purposes
The BIA held that respondent’s admission to the Commonwealth of the Northern Mariana Islands (CNMI) by a CNMI officer before CNMI was included in the definition of the U.S. did not amount to an admission into the U.S. Matter of Valdez, 25 I&N Dec. 824 (BIA 2012)
CA3 Vacates Decision on Waiver of Rights under Visa Waiver Program
The court vacated its decision holding that the petitioner had not proved she didn’t execute a waiver when she entered the U.S. as a minor pursuant to the VWP, after OIL discovered she had not actually entered under the VWP. (Vera v. Att’y Gen., 6/13/12)
TRAC Report on Decline in Federal Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) report that shows a 12 percent decrease of prosecutions resulting from ICE referrals and a six percent decrease in prosecutions from CBP investigations.
Due Process Derailed: How One Dreamer Became a Victim of DHS Blunders, God-like Deference, and Nine Months of Detention
AILA Amicus Committee alert on the case of Jordana Vera, who was a minor when she entered the country and was placed in removal proceedings after overstaying, and her eventual grant of prosecutorial discretion after nine months in detention.
CA9 Finds No Due Process Violation in Video Conference Hearing
The court found that the petitioner’s video-conference hearing on the merits of his cancellation of removal application did not violate his right to due process, but noted that such determinations must be made on a case-by-case basis. (Vilchez v. Holder, 6/19/12)
BIA on Satisfying the CSPA's “Sought to Acquire” Requirement
The BIA held that the CSPA requirement that an applicant seek to acquire LPR status within one year of visa availability can be satisfied by showing circumstances beyond the applicant’s control prevented a timely filing. Matter of Vazquez, 25 I&N Dec. 817 (BIA 2012)
BIA on Determining Good Cause for a Continuance to Adjudicate U Visa Petition
The BIA listed factors for an IJ to consider when deciding whether to grant a continuance, and held that a noncitizen who has filed a prima facie approvable U visa petition should generally be granted a continuance. Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012)
DHS Prosecutorial Discretion Initiative Falls Short
AILA statement calls attention to new information showing implementation of prosecutorial discretion by Immigration Customs and Enforcement (ICE) officers, agents, and attorneys has been far less effective than the public was originally led to expect.
ICE Detainee Dies at California Hospital
ICE press release on the death of a 31-year-old Mexican national who died in ICE custody at a San Bernardino, California hospital following his parents' arrival from Mexico. He is the eighth detainee to die in ICE custody in FY2012.
CA9 Declines to Rehear Case On Definition of Conviction En Banc
The court denied the petition for panel rehearing en banc in a case discussing the definition of “conviction” under INA § 101(a)(48). The dissent argues the panel exceeded its authority, and got the case wrong on its merits. (Planes v. Holder, 6/5/12)
CA8 Holds That It Lacks Jurisdiction to Review VAWA Cancellation Denial
The court held that it lacked jurisdiction to review the decision to deny VAWA cancellation, finding that the petitioner’s argument was actually challenging how the BIA weighed the relevant factors. (Hamilton v. Holder, 6/5/12)
NBC Practice Alert: Proving EAD Eligibility for Applicants in Removal Proceedings (Updated 7/14/14)
AILA NBC Liaison Committee practice alert informing members of the type of evidence that may be submitted to demonstrate that an applicant in removal proceedings, including proceedings that have been administratively closed, is eligible for an EAD.
EOIR Releases FOIA Service Center Proactive Disclosure Policy
EOIR released its proactive disclosure policy including the four categories of agency records that must routinely be made “available for public inspection and copying.”
Immigration Law Advisor, May 2012 (Vol. 6, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with an article on applying timing rules in immigration proceedings, as well as circuit court decisions for April 2012, recent BIA precedent decisions, and a regulatory update.
DOJ OIL May 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) May 2012 Litigation Bulletin where the Supreme Court deferred to BIA’s interpretation that imputation is not available to applicant for cancellation and other issues related to adjustment of status and other decisions.
DOJ Inspector General Semiannual Report to Congress
DOJ semiannual report to Congress from the Office of the Inspector General on developments from 10/1/11 to 3/31/12, including a section on the Executive Office for Immigration Review.
TRAC Report on Prosecutorial Discretion by Location
Transaction Records Access Clearinghouse (TRAC) report showing that as of 5/31/12, a total of 4,585 cases were closed under a special ICE program where the number of cases closed due to prosecutorial discretion (PD) was up from 2,609 as of the end of March 2012.
IJ Grants Administrative Closure under Avetisyan in DOMA Case
In an unpublished decision, the IJ granted respondent’s request to administratively close the case over objection by the government. The case implicates DOMA, and the IJ agreed that admin closure was appropriate until the BIA decides Dorman. Courtesy of Bryon Large.
EOIR Releases Language Access Plan
EOIR released its plan for ensuring limited English proficient persons have meaningful access to EOIR services. This Legal Action Plan (LAP) provides a detailed summary of EOIR’s current efforts to ensure meaningful access to LEP persons and an analysis of language access at EOIR.
CA7 to Rehear Asylum Case on Particular Social Group En Banc
The court ordered that Cece v. Holder – a decision in an asylum case which held the petitioner’s proposed social group lacked the required common, immutable characteristic - be reheard en banc. (Cece v. Holder, 5/31/12)
DHS Proposes New “Social Distinction” Test in Asylum Case
DHS proposed a new "social distinction” test for asylum cases in its brief in Valdiviezo-Galdamez, on remand from a Third Circuit decision which rejected the BIA’s "social visibility" and "particularity" tests for determining if a particular social group exists.
ICE Statistics on Prosecutorial Discretion - May 29, 2012
ICE statistics on prosecutorial discretion, as of May 29, 2012, provided to AILA, including the number of cases reviewed, number of cases identified for a grant of PD, number of cases granted deferred action and stays of removal.
CA8 Remands Case for CIMT Analysis Under Silva-Trevino
Applying the “realistic probability” analysis set forth in Silva-Trevino, the court concluded that the petitioner’s conviction for providing a false name to a peace officer was not categorically a crime involving moral turpitude. (Bobadilla v. Holder, 5/29/12)
Law Professors on Executive Action for DREAMers
A 5/28/12 letter from law professors addressing issues that may arise as agencies and officials within the Executive Branch consider various administrative options in cases involving potential beneficiaries of the Development, Relief, and Education for Alien Minors (DREAM) Act.