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
USCIS Announces New Data Released on Criminal Arrest Histories of DACA Requestors
USCIS announced it had released data on arrests of DACA requestors. USCIS Director L. Francis Cissna claimed, “There are legitimate concerns over a portion of the population who have requested, and been granted, the privilege of a temporary stay of their removal under the illegal DACA policy.”
CA3 Finds SIJ Designees May Enforce Their Rights Under the Suspension Clause
The court found that the jurisdiction-stripping provides of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to SIJ designees seeking judicial review of orders of expedited removal. (Osorio-Martinez v. Attorney General, 6/18/18)
Supreme Court Determines Appellate Courts Must Fix Sentencing Errors
The Supreme Court determined that appellate courts should correct sentencing mistakes, finding that such errors will “seriously affect the fairness, integrity, or public reputation of judicial proceedings, and thus will warrant relief.” (Rosales-Mireles v. United States, 6/18/18)
BIA Holds California Vehicle Manslaughter Not a CIMT
Unpublished BIA decision holds that vehicular manslaughter with gross negligence under Calif. Penal Code 192(c)(1) is not a CIMT because it does not require a sufficiently culpable mental state. Special thanks to IRAC. (Matter of Pourmand, 6/18/18)
DHS Issues Fact Sheet on Zero Tolerance Immigration Prosecutions and Families
On 6/15/18, DHS issued a fact sheet regarding the treatment of families under DOJ’s “zero tolerance” policy at the border, with information on the apprehension, prosecution, and removal processes and care for children and communication with families.
DHS Publishes FAQs on Zero Tolerance Immigration Prosecutions and Families
On 6/15/18, DHS published answers to frequently asked questions about family separation at the border, including what happens to the children during and after criminal prosecution of their parents or legal guardians and how parents or legal guardians can communicate with their children.
DHS and HHS Provide Handout on Next Steps for Families in DHS Custody
On 6/15/18, DHS and HHS provided an informational handout in English and Spanish for families taken into DHS custody for suspected illegal entry. The handout outlines what will happen to children while parents or legal guardians are prosecuted.
AILA: Once Again, Congress Holds DREAMers Hostage
As Congress gears up to vote on two immigration bills next week, AILA President Anastasia Tonello and Executive Director Ben Johnson raise serious concerns about the provisions which would, among other things, severely cut legal immigration, undermine vital protections for vulnerable populations.
ICE’s OPLA Provides List of Institutional Hearing Program Facilities
ICE’s Office of the Principal Legal Advisor (OPLA) provided AILA members with a list, current as of 6/15/18, of institutions with existing or pending Institutional Hearing Program (IHP) programs.
ICE Announces Honduran National Sentenced for Assault on ICE Officer
ICE stated that a Honduran national was sentenced to 364 days in federal custody after pleading guilty to one count of assault on a law enforcement officer in U.S. District Court in White Plains, NY. As he was being escorted to an ICE vehicle, Cruz-Garcia bit the arm of an ERO deportation officer.
ICE Provides Guidance to OPLA Attorneys on Administrative Closure Following Matter of Castro-Tum
ICE provides guidance to OPLA attorneys litigating administrative closure in the wake of the Attorney General’s precedent decision in Matter of Castro-Tum. Guidance obtained from the blog, Immigration Courtside.
Divided CA4 Panel Rules that Violation of Maryland Theft Statute Is Not CIMT
The court held Md. Crim. Law §7-104, which combines into a single statute multiple theft offenses, cannot categorically qualify as CIMT under Diaz-Lizarraga and remanded for consideration for cancellation of removal. (Martinez v. Sessions, 6/15/18)
BIA Grants Interlocutory Appeal Challenging Denial of Change of Venue
Unpublished BIA decision grants interlocutory appeal of denial of motion to change venue to immigration court close to his attorney where respondent had conceded removability and submitted application for cancellation of removal. Special thanks to IRAC. (Matter of Linares Flores, 6/15/18)
BIA Holds Virginia Hit-and-Run Statute Not a CIMT
Unpublished BIA decision holds that Va. Code Ann. 46.2-894 is not a CIMT because it does not require drivers to leave the scene of the accident or realize that the accident resulted in injury or property damage. Special thanks to IRAC. (Matter of Sifuentes-Reyna, 6/15/18)
Former IJ Jeffrey S. Chase Responds to Matter of A-B- in Blog Post
Former immigration judge (IJ) Jeffrey S. Chase published a blog post, Women Need Not Apply, about the Attorney General’s Decision in Matter of A-B-, calling it “shockingly tone deaf” and discussing how it will influence IJs future decisions in asylum cases involving domestic violence.
The Council and ACLU Provide Practice Advisory on Administrative Closure Post-Castro-Tum
The American Immigration Council and ACLU published a practice advisory on the impact of Matter of Castro-Tum, with arguments noncitizens can use in support of administrative closure of their cases and alternative mechanisms to dispose of or hold in abeyance proceedings in appropriate cases.
Attorney General Sessions Addresses Recent Criticisms of Zero Tolerance By Church Leaders
Attorney General Jeff Sessions addressed criticisms of the zero-tolerance policy at the southwest border by church leaders, claiming “that if the adults go to one of our many ports of entry to claim asylum, they are not prosecuted and the family stays intact pending the legal process.”
Vox Obtains USCIS Interim Guidance on Matter of A-B-
Vox obtained an email written by John L. Lafferty, Chief of USCIS’s Asylum Division, with interim guidance regarding the Attorney General’s 6/11/18 decision in Matter of A-B-, as well as the Office of Chief Counsel’s summary of the decision.
TRAC Finds ICE Apprehensions Are Half the Levels of Five Years Ago
TRAC reports, while ICE administrative arrests are up compared to final two years of Obama administration, these “interior” apprehensions are half the levels of five years ago when Secure Communities held sway. ICE apprehensions appear to have stabilized after an initial jump under President Trump.
Statement of Harvard Immigration and Refugee Clinical Program on Matter of A-B- Issued by Attorney General Sessions on June 11
Harvard Immigration and Refugee Clinical Program release statement in response to the Attorney General’s decision in Matter of A-B-, calling it “deeply flawed” and an effort to “set back the clock on decades of development of the law to provide protection to women.”
ABA Sends Letter to DOJ and DHS Expressing Strong Opposition to Family Separation
The American Bar Association President sent a letter to DOJ and DHS to express strong opposition to the drastic increase in the separation of children from their parents at the southern border noting that enforcement actions cannot be used as justification to affect international family separation.
GAO Issues Report on Initial Immigration-Related Executive Order Actions and Resource Implications
The GAO issued a report reviewing agencies’ implementation of the January and March 2017 Executive Orders related to border security and immigration (EO 13767, 13768, and 13780).
CA9 Vacates BIA’s Decision in Matter of G-G-S-
The court vacated Matter of G-G-S-, holding that its finding that an applicant’s mental health is not a factor to be considered in a “particularly serious crime” analysis was not entitled to Chevron deference. (Gomez-Sanchez v. Sessions, 4/6/18, amended 6/12/18)
CA6 Declines Jurisdiction to Review Changed Country Condition Challenge for Chaldean Iraqi Christian
The court denied the petition for review, finding that the motion to reopen CAT claim was barred. Even if BIA erred in concluding that the exception does not apply to CAT, its alternative holding of a lack of a prima facia case was dispositive. (Shabo v. Sessions, 6/11/18)
CA9 Considers Both Charging Document and Statute in Aggravated Felony Analysis
Declining to review BIA’s denial of cancellation application, court ruled that guilty plea to charge of violating Washington child assault statute “with sexual motivation” brings conviction within definition of federal offense of sexual abuse of minor. (Quintero-Cisneros v. Sessions, 6/11/18)