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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
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.
H.R.3355: Department of Homeland Security Appropriations Act of 2018
On 7/11/17, the House Appropriations Committee introduced the Homeland Security Appropriations Bill for FY2018, which would provide funds to hire more ICE law enforcement agents, Border Patrol agents, and increase the number of detention beds.
CA7 Finds Adverse Credibility Finding Against Moldovian Asylum Applicant Was Arbitrary and Capricious
The court granted the petition for review and remanded, holding that discrepancies in petitioner’s testimony on which the IJ relied were so trivial or illusory as to give the court no confidence in her analysis or in the BIA’s decision resting on that analysis. (Cojocari v. Sessions, 7/11/17)
CA8 Upholds Denial of Ethiopian Petitioner’s Asylum Claim Based on Political Opinion
The court held that the harms petitioner pointed to as evidence of past persecution, including his three-month detention in a military camp and threats he received after a trip to the United States, did not compel the finding that he experienced past persecution. (Baltti v. Sessions, 7/10/17)
CA11 Says Conviction Under Fla. Stat. §893.13(1)(a) Is Not an “Illicit Trafficking” Aggravated Felony
The court granted the petition for review, holding that petitioner’s convictions for violating Florida Statute §893.13(1)(a) did not constitute an aggravated felony, and thus that petitioner was not removable under INA §237(a)(2)(A)(iii). (Gordon v. Att’y Gen., 7/10/17)
Congressional Quad-Caucus Letter Urging to ICE to Publish Data on Detainees and Facilities
On 7/10/17, leaders of the of the Congressional Progressive Caucus, the Congressional Asian Pacific American Caucus, the Congressional Black Caucus, and the Congressional Hispanic Caucus urged ICE to collect and publish data on its facilities and detainee populations in an accessible and public way.
AILA and JFON File Supplemental Amicus Brief with BIA Concerning Duress Exception to the Persecutor Bar
AILA and the National Justice for Our Neighbors (JFON) filed an amicus brief supplementing their prior response to Amicus Invitation No. 16-08-08 in light of DHS’s changed position and recent BIA decisions, regarding the standards of a duress defense to the persecutor bar in asylum cases.
ICE ERO's July 2017 Detention Facility List
The Detention Watch Network (DWN) obtained a July 2017 ICE ERO detention facilities matrix through FOIA litigation in partnership with the Center for Constitutional Rights (CCR). Document includes a list of facilities, information about contracts, inspections, and more.
Executive Disorder: Ethical Challenges for Immigration Lawyers under the Trump Administration
While it was impossible to predict just how rough things would get, this article discusses ethical rules to consider when your client comes under attack and you must practice more defensively. Read this article from AILA’s PPC to reaffirm the rules and practices you should be implementing.
EOIR Piloting Bailiff Program in Select Immigration Courtrooms
AILA provides updated information on the new EOIR piloting bailiff program. The bailiffs are uniformed, armed “public safety officers” (PSOs) who have the authority to intervene in the event of a public safety threat. AILA also posted a Call for Examples to collect experiences under the new program.
The Top Eleven Terrible Things in President Trump’s Budget
There are a lot of things wrong with the President Trump's Fiscal Year 2018 budget request. Some of the immigration-related provisions have been mentioned in the press or by advocates, while others are flying relatively unknown under the radar. But they all have one thing in common: they are meant t
CA9 Says Detention of Noncitizens Subject to Reinstated Removal Orders Is Governed by INA §241(a)
The court held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a). Thus, the petitioner was not entitled to a bond hearing. (Padilla-Ramirez v. Bible, 7/6/17, amended 2/15/18)
CA9 Holds That Flores Settlement’s Bond Hearing Requirement Not Terminated by Statutes
The court held that two statutes enacted since the government agreed to the Flores Settlement—the Homeland Security Act and the TVPRA—did not terminate the bond hearing requirement of Paragraph 24A of the agreement for unaccompanied minors. (Flores v. Sessions, 7/5/17)
DOJ 30-Day Extension of Comment Period on Revisions to Form EOIR-27
DOJ 30-day extension of the comment period on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals, originally announced at 82 FR 20489 on 5/2/17. Comments are now due 8/4/17. (82 FR 31076, 7/5/17)
BIA Holds Adjustment from Refugee to LPR Status Not an “Admission”
Unpublished BIA decision holds that adjustment of status under INA §209 is not an “admission” as an LPR for purposes of the aggravated felony bar in INA §212(h). Special thanks to IRAC. (Matter of B-V-N-, 7/5/17)
CA9 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Determination
The court held that substantial evidence supported the IJ’s adverse credibility determination based on anomalies in the petitioner’s supporting documentation, her vague testimony, and her failure to submit sufficient reliable corroborating evidence. (Wang v. Sessions, 7/3/17)
ICE Provides Brochure on ICE eService
ICE provided information regarding the ICE eService program, an electronic service of documents between the Office of the Principal Legal Advisor Offices of Chief Counsel (OCC) and individuals in administrative immigration proceedings before EOIR, or their legal representatives.
Practice Advisory: Working with Child Clients and Their Family Members in Light of the Trump Administration’s Focus on “Smugglers”
Public Counsel and Catholic Legal Immigration Network, Inc. (CLINIC) provide a practice advisory with guidance and suggestions on best practices for mitigating the risk of civil immigration enforcement or criminal prosecution of family members of children in removal proceedings.
United States Attorneys’ Bulletins (July 2017, Vol. 65, No. 3)
The July 2017 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to civil immigration enforcement and the Office of Immigration Litigation-District Court Section.
United States Attorneys’ Bulletins (July 2017, Vol. 65, No. 4)
The July 2017 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to the prosecution of criminal immigration offenses.
Will Government Employees Show Some Moxie in the Immigration Struggle?
In case you haven't noticed, advocates for immigrants and favorable immigration policies in this country are at war with the current administration in Washington. And, for those who think the attitude in Washington will change in the next four to eight years, think again. Unfortunately, negative att
Immigration Law Advisor, May/June 2017 (Vol. 11, No. 4)
The May/June 2017 issue of Immigration Law Advisor includes an article with an overview of the breadth and depth of the stop-time rule from IIRIRA and cancellation of removal, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Ten States Sent Letter to DOJ Requesting End to DACA Program
Texas and nine other states sent a letter to the DOJ, requesting that DACA be phased out and that DHS rescind the 6/15/12 DACA memo and not renew or issue any new DACA or expanded DACA permits. If not, the letter states that the states will amend their litigation to challenge the DACA program.
BIA Holds Grant of U Nonimmigrant Status Qualifies as an “Admission”
Unpublished BIA decision holds that nonimmigrants granted U nonimmigrant status from within the United States are “admitted” for purposes of INA §237. Special thanks to IRAC. (Matter of Garnica, 6/29/17)
BIA Holds Florida Prostitution Offense Is Not an Aggravated Felony
Unpublished BIA decision holds that deriving support from prostitution under Fla. Stat. Ann. §795.05(1) is not an aggravated felony under INA §101(a)(43)(K)(i) and rejects DHS request to apply “circumstance-specific” approach. Special thanks to IRAC. (Matter of Demosthene, 6/29/17)