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
CRS Legal Sidebar: The End of the Deferred Action for Childhood Arrivals Program
The Congressional Research Service provides a Legal Sidebar on the immediate takeaways from the 9/5/17 announcement that the DACA program would be phased out over a six-month period.
Resources on the Lawsuit Challenging DAPA and DACA Expansion
The district court issued an order stating that the states’ 9/5/17 notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A) was ineffective to dismiss the case. The parties were granted leave to file a different form of dismissal motion. (Texas v. United States, 9/8/17)
H.R. 3697: Criminal Alien Gang Member Removal Act
On 9/7/17, Representative Barbara Comstock (R-VA) introduced the Criminal Alien Gang Member Removal Act (H.R. 3697), which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
H.R. 3695: Protect DREAMer Confidentiality Act of 2017
On 9/7/17, Representatives Beto O’Rourke (D-TX) and Mike Coffman (R-CO) introduced the Protect DREAMer Confidentiality Act of 2017 (H.R. 3695), which would ensure the information DACA applicants provide the U.S. government is not used against them for immigration enforcement.
ICE Statement Regarding Questions on Enforcement Planning
ICE released a statement that “Due to the current weather situation in Florida and other potentially impacted areas, along with the ongoing recovery in Texas…. There is currently no coordinated nationwide operation planned at this time.”
BIA Finds Aiding and Abetting in a Robbery Under California Law Is an Aggravated Felony
The BIA held that robbery under §211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under the INA, regardless of whether a violator merely aided or abetted. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)
CA10 Says Noncitizens with Reinstated Removal Orders Are Not Eligible for Asylum
The court held that the Attorney General’s interpretation of the “withholding-only rule” to mean that illegal reentrants with reinstated removal orders are not eligible for asylum was reasonable and entitled to Chevron deference. (R-S-C v. Sessions, 9/6/17)
CA3 Finds Bangladesh National Party Is Not a Tier III Terrorist Organization
The court found that unless the BIA finds that party leaders authorized terrorist activity committed by its members, an entity such as the Bangladesh National Party cannot be deemed a Tier III terrorist organization. (Uddin v. Att’y Gen., 9/6/17)
CA3 Says 18 USC §16(b) Which Defines “Crimes of Violence” Is Unconstitutionally Vague
The court held that 18 USC §16(b), as incorporated into INA §101(a)(43)(F), is unconstitutionally vague, and thus that the petitioner’s conspiracy plea for robbery of a motor vehicle under Pennsylvania law did not qualify as a “crime of violence.” (Mateo v. Att’y Gen., 9/6/17)
The Dream Act, DACA, and Other Policies Designed to Protect Dreamers
The American Immigration Council provides a fact sheet with an overview of the Dream Act and other similar legislative proposals, explains changes made to DACA on 9/5/17, and provides information about policies at the state level that support Dreamers.
Practice Advisory on Bond Hearings for Youth in Immigration-Related Custody
The Center for Human Rights and Constitutional Law Foundation released a practice advisory regarding bond hearings for children in immigration-related custody. The practice advisory suggests ways in which the government’s compliance procedures fall short of legal requirements, and more.
CBP Provides Guidance on the Rescission of DACA
CBP Acting Chief Carla Provost issued a memo with updated guidance for CBP agents due to the rescission of DACA, including guidance for what an agent should do if an DACA applicant is encountered.
Back to School – The Immigrant Experience
Near the end of July 2017, ICE conducted raids across my hometown, Memphis, TN. By the agency's count, 83 individuals were arrested in a series of raids that occurred in Memphis, Nashville and New Orleans between July 23 and July 26. Not reported in that number is the fact that ICE later admitted th
Representative Carlos Curbelo Urges Floor Vote on RAC Act
Following the rescission of DACA, Representative Carlos Curbelo (R-FL) called on the President to focus on deporting criminals, not separating families. He went on to urge his colleagues to support the RAC Act (H.R. 1468), which he introduced earlier this year, and bring it to a floor vote.
Senator Flake States Congress Must Take Action to Protect Dreamers
On 9/5/17, Senator Jeff Flake (R-AZ) called on Congress to pass permanent, stand-alone legislation that ensures Dreamers are able to stay, finish their education and continue to contributing to society. Flake is a co-sponsor of the Dream Act (S.1615), BRIDGE Act (S. 128), and the SAFE Act (S.127).
Representative Upton Encourages Bipartisan Legislation to Protect Dreamers
On 9/5/17, Representative Fred Upton (R-MI) called on Congress to work together on fair, rigorous, and bipartisan legislation that addresses the uncertainty facing Dreamers. Representative Upton is a co-sponsor of the BRIDGE Act (S.128) and the RAC Act (H.R. 1468).
Representative Marshall Calls on Congress to Defend Dreamers
On 9/5/17, Representative Roger Marshall (R-KS) released a statement following President Trump’s decision to rescind DACA. He called on Congress to use legal, legislative avenues to assist Dreamers, secure the border, and develop a workable visa program for America’s farmers.
Representative Reichert Urges Protection of DACA Program
On 9/5/17, Representative Dave Reichert (R-WA) condemned the repeal of DACA, stating, “Punishing these individuals for a crime they didn’t commit is not in the American DNA…. Congress must work towards a long-term immigration solution that… allows all individuals to pursue the American Dream.”
Representative Adam Kinzinger Calls on Congress to Defend Dreamers
On 9/5/17, Representative Adam Kinzinger (R-IL) released a statement on President Trump’s decision to rescind DACA. He called on Congress to pursue immigration reform as a permanent, legislative solution that will allow Dreamers to stay legally. Kinzinger is a co-sponsor of the RAC Act (H.R. 1468).
Senator Ernst Calls on Congress to Defend Dreamers
On 9/5/17, Senator Joni Ernst (R-IA) released a statement following President Trump’s decision to rescind DACA. She called on Congress to pursue a measured approach that addresses the situation of Dreamers, secure the border, and modernize our legal immigration system.
Senator Lamar Alexander Pushes for Immigration Reform
On 9/5/17, Senator Lamar Alexander (R-TN) issued a statement following President Trump’s decision to rescind DACA. The Senator voted for the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744), and is willing to work with Trump to pass similar legislation.
Statement from President Barack Obama on DACA Repeal
On 9/5/17, President Barack Obama released a statement condemning the repeal of DACA, stating that “we shouldn’t threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us.”
The U.S. Chamber of Commerce Issues Statement on DACA Rescission
On 9/5/17, U.S. Chamber of Commerce Senior Vice President and Chief Policy Officer Neil Bradley released a statement condemning the repeal of the DACA program and called on the administration and Congress to quickly find a legislative solution before the program expires.
DHS Issues Fact Sheet on Rescission of Deferred Action for Childhood Arrivals Program
DHS issued a fact sheet on the rescission of the Deferred Action for Childhood Arrivals (DACA) program, including next steps for pending applications, status of approved advance paroles, rejection of renewal applications filed outside the parameters described, and more.
White House Provides Congress with Talking Points on Rescission of DACA Program
CNN obtained talking points on the rescission of DACA from the White House to Capitol Hill. One bullet states, “The Department of Homeland Security urges DACA recipients to use the time remaining on their work authorizations to prepare for and arrange their departure from the United States…”