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
AILA Welcomes Bipartisan Dream Act of 2017; Calls on Congress and the Administration to Protect Dreamers
AILA welcomes the introduction of the Dream Act of 2017, a bipartisan bill authored by Senators Lindsey Graham and Dick Durbin, that would provide young people who were brought to the U.S. as children a chance to apply for lawful permanent residence if they meet certain requirements.
S. 1615: Dream Act of 2017
On 7/20/17, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the bipartisan Dream Act of 2017, which would provide young people who were brought to this country as children and grew up in the U.S., the chance to apply for lawful permanent residence, if they meet certain requirements.
AILA Quicktake #210: Dream Act of 2017 Introduced
AILA Director of Government Relations Greg Chen shares why the Dream Act of 2017, introduced by Senators Lindsey Graham and Dick Dubrin, is important. He also discusses details of the bill and what AILA members can do.
Section by Section of the Dream Act of 2017
Section-by-section of the Dream Act of 2017, a bipartisan bill introduced by Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL).
CA7 Finds Petitioner’s Illinois Conviction for Possessing Between 30 and 500 Grams of Marijuana Is Not an Aggravated Felony
The court held that the BIA misapplied the U.S. Supreme Court’s decision in Moncrieffe v. Holder when it characterized the petitioner’s conviction under ILCS §550/5(d) for possessing between 30 and 500 grams of marijuana as an aggravated felony. (Chen v. Sessions, 7/20/17)
There’s Always More to Learn
When I first began practicing law, I thought I knew everything I could ever need to know about immigration. I'd been a business immigration paralegal for several years before law school and had learned a lot about nonimmigrant visas and employment-based green cards. I'd assisted with processing th
ICE Arrests 400th Foreign Fugitive in FY2017
ICE announced that it conducted its 400th foreign fugitive arrest in FY2017. According to ICE, the majority of FY2017’s 400 foreign fugitive arrests took place in New York, New Jersey, California, Florida, Arizona, and Texas.
An Obscure Trump Administration Policy that Needlessly Harms Americans
Laws often have unintended consequences. Sometimes, good government officials adopt interpretations of the law designed to mitigate those unintended consequences. But sometimes, the most anti-immigrant politician in recent memory directs his subordinates to adopt policies that undermine those mitiga
Sign-On Letter Calling on Congress to Oppose ICE’s Funding Request
On 7/18/17, AILA joined nearly 200 other organizations in urging members of Congress to oppose ICE’s 6/30/17 request for a reprogramming of funds to cover detention costs for the remainder of FY2017.
USCIS Provides PowerPoint Presentations from NSC Stakeholder Open House
USCIS provides the PowerPoint presentations from the Nebraska Service Center (NSC) open house on 7/18/17. USCIS discussed the types of cases processed at NSC, DACA requests, and the production of travel and employment authorization documents, as well as Form I-9, E-Verify, and the SAVE program.
BIA Holds Michigan Assault Statute Is Not Sexual Abuse of a Minor
Unpublished BIA decision holds that assault with intent to commit criminal sexual conduct under Mich. Comp. Laws. 750.520g(1) is not aggravated felony sexual abuse of a minor because the age of the victim is not an element of the offense. Special thanks to IRAC. (Matter of W-P-M-, 7/18/17)
BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing
Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17)
BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime
Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17)
TRAC Data Shows Immigration Court Dispositions Drop 9.3 Percent Under Trump
The Transactional Records Access Clearinghouse (TRAC) found that Immigration Court dispositions have dropped by 9.3% since President Trump took office. Changes such as shifting judge assignments, revised case processing priorities, and the termination of PD closures, caused the decline.
CAPAC Chair Condemns Proposal to Fund Border Wall and Mass Deportation Force
On 7/17/17, Chair Judy Chu (D-CA) of the Congressional Asian Pacific American Caucus (CAPAC) urged her colleagues to reject the House Homeland Security Appropriations Bill for FY2018, which would create a mass deportation force, build a border wall, and tear families apart.
Congressional Hispanic Caucus Urges Appropriators to Reject Increasing DHS Funding
On 7/17/17, the Congressional Hispanic Caucus (CHC) urged House Appropriators to reject increased funding for ICE and CBP, in particular increased funding for immigration detention and ICE and Border Patrol agents.
One Road to Immigration Law
True confession: I did not take immigration law in law school and I took Latin as my foreign language class. AILA members, reading that, I'm sure you just groaned. But the fact was, I did not become an attorney to practice immigration law. About 20 years ago though, my life took a happy turn and [&
NARA Notice of Agency Records Schedules Including ICE Document Destruction Proposal
National Archives and Records Administration (NARA) notice and request for comments with proposed records schedules from agencies, including an ICE proposal to destroy several types of records related to detainees, including records on sexual abuse and deaths while in custody. (82 FR 32585, 7/14/17)
BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17)
SPLC: Barriers to Legal Representation Continue at Stewart Detention Center
On 7/13/17, the Southern Poverty Law Center sent a letter to ICE and the Stewart Detention Center requesting immediate action, as current policies and practices “unjustifiably obstruct the availability of professional representation or other aspects of the right of access to the courts.”
EOIR Swears in New Immigration Judge
The Executive Office for Immigration Review (EOIR) announced the investiture of a new immigration judge, James M. McCarthy. Mr. McCarthy will serve in the New York City immigration court and previously worked at ICE.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/17 and ending 9/30/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.92 per centum per annum. (82 FR 32444, 7/13/17)
CA11 Finds Nicaraguan Petitioner Did Not Make a Misrepresentation on His Adjustment Application
The court held that because the petitioner had not been confined in a prison but rather was detained in a rebel-controlled trailer in the jungle, he did not make a misrepresentation on his application to adjust his status to that of a lawful permanent resident. (Alfaro v. Att’y Gen., 7/13/17)
Representative Roybal-Allard's Statement Opposing FY2018 Homeland Security Appropriations Bill
On 7/12/17, Ranking Member of the House Homeland Security Appropriations Committee, Lucille Roybal-Allard (D-CA), issued a statement opposing the committee’s markup of the House Homeland Security Appropriations Bill for FY2018.
House Appropriations Committee Gives Trump Administration Blank Check to Implement Mass Deportation Plan
AILA strongly opposes the funding bill released by the House Appropriations Committee, which would massively increase immigration enforcement and border spending at a time when border apprehensions have plummeted and ICE and CBP funding is already at all-time high levels.