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
Republican House Members Call on Speaker Ryan to Find a Solution for Dreamers
On 9/1/17, ten Republicans House members sent a letter to House Speaker Paul Ryan (R-WI) encouraged him to find a legislative solution to protect DACA recipients.
Democratic Leader Pelosi Encourages Speaker Ryan To Discuss Comprehensive Legislative Solution
On 9/1/17, Democratic Leader Nancy Pelosi (D-CA) wrote a letter to House Speaker Paul Ryan (R-WI), agreeing that Congress should act and urging him to meet with the Congressional Hispanic Caucus and other House Democratic leaders to discuss a comprehensive legislative solution for Dreamers.
TN Attorney General Calls on Senators to Support the Dream Act
On 9/1/17, Tennessee Attorney General, Herbert Slatery, wrote to Senator Lamar Alexander (R-TN) and Senator Bob Corker (R-TN), stating that he will not sue over DACA, and urges the senators to take legislative action to protect Dreamers.
ICE Handbook for Handling Minors Encountered by DHS
ICE’s Juvenile and Family Residential Management Unit created an operational guide for Field Office Juvenile Coordinators, to be used in processing, transporting, managing, and removing minors encountered by DHS. The handbook was found in the court files of a lawsuit brought by the NIJC.
BIA Holds California Joyriding Statute Is Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that unlawful taking and driving of a vehicle under Cal. Veh. Code 10851(a) isn’t an aggravated felony theft offense because it applies to accessories after the fact in addition to principals and accomplices. Special thanks to IRAC. (Matter of E-J-H-C-, 9/1/17)
EOIR Provides Strategic Communications Plan for FY2017
In response to a FOIA request made by Beryl Lipton at MuckRock, EOIR provided it Strategic Communications Plan for FY2017, which was issued to EOIR personnel on 9/1/17. The plan includes a five-phase approach and calls for quarterly review and updating.
DHS Releases Records Related to DACA
DHS released a set of documents related to DACA, in particular the implementation of the 2017 guidance on the rescission of DACA. The documents contain email correspondence and CBP memos on DACA-related border policies, presentations on immigration enforcement priorities and policies, and more.
CA5 Upholds BIA’s Determination That Probationary Confinement in Substance Abuse Facility Constituted “Term of Imprisonment”
The court held that the BIA did not err in finding that a sentence of up to one year in a substance-abuse felony punishment facility as a condition of community supervision constituted a “term of imprisonment” under INA §101(a)(48)(B). (Calvillo Garcia v. Sessions, 8/31/17)
Representatives Espaillat and Kilhuen Urge President Trump to Reconsider DACA Decision
On 8/31/17, Representatives Adriano Espaillat (D-NY) and Ruben J. Kihuen (D-NV) wrote a letter to President Trump urging him to reconsider his decision to end DACA.
AILA Quicktake #213: DACA, SB 4, and Congressional Preview
AILA Director of Government Relations Greg Chen shares the latest on DACA, explains what the SB 4 injunction means, and looks at what to expect next week when Congress is back in session.
TRAC Data Shows Immigration Court Backlog Climbs to 617,527 Cases
TRAC provided data showing that as of the end of July 2017, the Immigration Court's backlog continued to rise, reaching an all-time high of 617,527. For the first time, individuals with pending cases from El Salvador surpassed the numbers from Mexico in the court's pending workload.
TRAC Report Compares Use of ICE Detainers: Obama vs Trump
The latest TRAC data on ICE detainers reveals that detention began to increase last year, well before the 2016 election or inauguration of Donald Trump. Once President Trump assumed office, detainer usage rose more rapidly.
Settlement Reached Regarding Certain Individuals Found Inadmissible Due to Executive Order 13769
A settlement agreement was reached that requires the government to send letters to certain individuals found inadmissible solely due to EO 13769 and to coordinate the processing of new visa applications for those identified who wish to return to the U.S. (Darweesh v. Trump, 8/31/17)
Statement on People Impersonating ICE Officials in Houston
ICE reports that they have received reports that people are impersonating HSI special agents and knocking on doors in the Houston area, telling residents to evacuate. During Hurricane Harvey relief efforts, ICE is not conducting immigration enforcement operations in the affected area.
CA3 Says Procedural Requirements in 8 CFR §1003.2(c) Apply to Motions to Reopen Involving CAT Protection
The court denied the petition for review, holding that the 90-day time bar contained in 8 CFR §1003.2(c) applies to motions to reopen removal proceedings based on a request for withholding of removal under the Convention Against Torture. (Bamaca-Cifuentes v. Att’y Gen., 8/29/17)
DOJ Extension of Comment Period on Proposed Revisions to Form EOIR-56
DOJ 30-day extension of comment period on proposed revisions to Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings, which EOIR seeks to replace with an electronic system. Comments are now due 9/28/17. (82 FR 41056, 8/29/17)
ICE Issues Updated Guidance on the Detention and Removal of Undocumented Parents or Legal Guardians
ICE issued updated guidance regarding the detention and removal of undocumented parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. Guidance superseded August 2013 parental interests memo.
BIA Recognizes PSG Involving Indigent Mexicans with Mental Illness
Unpublished BIA decision holds that “indigent Mexicans without familial support and with chronic and perceptible mental illness involving psychosis” is a cognizable particular social group (PSG). Special thanks to IRAC. (Matter of E-D-H-, 8/29/17)
CA9 Says IJ Erred in Failing to Determine Whether Safeguards Were Needed After Petitioner Showed Signs of Mental Incompetency
The court granted the petition for review of the BIA’s denial of the petitioner’s asylum claims, holding that the IJ erred by failing to determine whether procedural safeguards were required after the petitioner showed signs of mental incompetency. (Campos Mejia v. Sessions, 8/29/17)
Winning Cases – Good for the Client and the Attorney
Fighting the government is a time-honored tradition for removal attorneys, and often a motivation for joining this field, right?? None of us daydreamed in law school of triumphantly signing joint motions to terminate without prejudice to pursue adjustment of status. Nonetheless, successful practice
BIA Rescinds In Absentia Order Against Respondent Who Was in Waiting Room
Unpublished BIA decision rescinds in absentia order against respondent who was in the waiting room at the time he was ordered removed by an IJ who was still on the bench when the respondent entered the courtroom. Special thanks to IRAC. (Matter of Singh, 8/25/17)
ICE/CBP Joint Message Regarding Law Enforcement During Hurricane Harvey
ICE and CBP released a statement regarding their practices in light of Hurricane Harvey. Border Patrol plans to keep checkpoints operational, contrary to past precedent.
Practice Pointer: DACA Under Threat
The DACA program is currently in jeopardy due to two looming legal threats – U.S. v. Texas and Arizona Dream Act Coalition v. Brewer. This practice pointer explains the uncertainty surrounding the program under the Trump administration and these legal threats.
CA3 Grants Withholding of Removal to Honduran Petitioner on Account of Political Opinion
Based on the entire record, the court granted withholding of removal to the petitioner, finding that it was more likely than not that the petitioner’s life or freedom would be threatened in Honduras on account of his political opinion. (Mendoza-Ordonez v. Att’y Gen., 8/23/17)
CA9 Finds Petitioner Convicted Under California Penal Code §182(a)(1) Is Ineligible for Cancellation Based on Inconclusive Record
The court held that petitioner had failed to meet her burden of proof to show that her conviction under California Penal Code §182(a)(1) was not for a disqualifying controlled substance offense, and thus that she was ineligible for cancellation of removal. (Marinelarena v. Sessions, 8/23/17)