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
Bill of Information Against Employer for H-1B Visa Fraud Scheme
Western District of North Carolina bill of information against an employer for participating in a scheme to fraudulently obtain H-1B immigration visas by making materially false statements to DOL and USCIS regarding employment of foreign nationals to their company. (U.S. v. Raju, 3/19/13)
AILA Statement for House Judiciary Hearing on Release of ICE Detainees
AILA statement submitted to the House Judiciary Committee for the 3/19/13 hearing on “The Release of Criminal Detainees by U.S. Immigration and Customs Enforcement: Policy or Politics?”
USCIS Provides Asylum Statistics from 3/19/13 Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 3/19/13, including statistics on asylum division caseload, cases pending by asylum office, caseload by nationality, and credible fear interviews.
Asylum Division Officer Training Course on Credible Fear Determinations (3/7/13)
Lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course obtained by the National Immigration Project of the National Lawyers Guild, ACLU of Massachusetts, and the law firm of Proskauer Rose through FOIA litigation.
Presidential Memo on Deferred Enforced Departure for Liberians
White House press release on official presidential memorandum deferring for 18 months the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in U.S. ahd who is under a grant of DED as of September 30, 2011.
USCIS Extends EADs and Deferred Enforced Departure for Liberians
USCIS press release announcing that they will automatically extend employment authorization documents (EADs) for Liberian nationals covered under Deferred Enforced Departure (DED) through September 30, 2013, after President Obama’s announcement to extend DED through 9/30/14.
ICE Office of Principal Legal Advisor Organizational Chart
ICE Office of Principal Legal Advisor (OPLA) organizational chart dated March 2013.
CA11 on Conviction under South Carolina Youthful Offender Act
The court held the petitioner’s conviction under the South Carolina Youthful Offender Act qualifies as a conviction for immigration purposes, and that the conviction for pointing a firearm at another person is a crime of violence. (Cole v. U.S. Att’y Gen., 3/14/13)
AILA Amicus Brief on Asylum Claims by Former Gang Members
AILA amicus brief arguing that the BIA’s sweeping position in an unpublished decision, which held that “former members of a gang in El Salvador” cannot constitute a valid particular social group, is flawed and may have a harsh impact on former child gang members.
USCIS Data on DACA Cases Received Through March 14, 2013
USCIS statistics on DACA cases from 8/15/12 to 3/14/13 which shows a total of 453,589 accepted DACA requests for processing, 442,041 biometric services appointments scheduled and 245,493 requests approved.
AILA Testimony for House Appropriations Oversight Hearing on Immigration Enforcement
AILA testimony for Subcommittee on Homeland Security of the Committee on Appropriations Hearing entitled “Oversight Hearing--Immigration Enforcement.”
ACLU Blog: Alabama to Allow Drivers Licenses for DACA Recipients
ACLU blog post about Alabama officials announcing that individuals granted Deferred Action for Childhood Arrivals (DACA) will be allowed to apply for state driver's licenses, beginning on March 15, 2013.
CA11 Criticizes Adverse Credibility Determination in Asylum Case
The court remanded the asylum case, finding that the IJ’s “bald assertion” that the petitioner’s story is implausible could not support the adverse credibility determination and that the IJ relied too heavily on the Country Profile. (Wu v. U.S. Att’y Gen., 3/12/13)
USCIS Transfers Workload from California Service Center to Texas Service Center
USCIS press release announcing that on 3/8/13, USCIS transferred some casework from California Service Center to Texas Service Center to balance overall workload with processing capacity at the centers related to DACA and Form I-765 Application for Employment Authorization.
CA7 Holds Fraudulent Use of Social Security Card is CIMT
The court held that the petitioner was not eligible for cancellation of removal because his prior conviction for using a Social Security card to obtain and maintain employment was a crime involving moral turpitude. (Marin-Rodriguez v. Holder,, 3/6/13)
CA8 Denies Peruvian Asylum Claim Based on Political Opinion
The court upheld the BIA’s conclusion that the petitioner failed to show that Peruvian authorities were unable or unwilling to protect him from his persecutors. (Gutierrez-Vidal v. Holder, 3/11/13)
CA9 Holds CA Conviction for Misdemeanor Sexual Battery is CIMT
The court held that there was no realistic probability that California would apply CA Penal Code §243.4(e), misdemeanor sexual battery, to conduct that is not morally turpitudinous. (Gonzalez-Cervantes v. Holder, 3/8/13)
CA9 Holds Government Needs Reasonable Suspicion to Search Laptop at Border
The en banc court held that the forensic examination of the criminal defendant’s computer required a showing of reasonable suspicion under the Fourth Amendment. (United States v. Cotterman, 3/8/13)
EOIR Announces New Senior Executive Service Member
EOIR press release announcing that effective March 10, 2013, Deputy Chief Immigration Judge (DCIJ) Michael C. McGoings will become a member of the Senior Executive Service, continuing to directly supervise the assistant chief immigration judges and the 58 field courts.
EOIR Announces New Second Deputy Chief Immigration Judge
EOIR press release announcing the appointment of Assistant Chief Immigration Judge (ACIJ) Edward F. Kelly as a second deputy chief immigration judge (DCIJ), effective March 10, 2013.
BIA Holds Unlawful Animal Fighting Conviction is CIMT
The Board held that the respondent is not eligible for cancellation because his conviction for sponsoring or exhibiting an animal in an animal fighting venture is categorically a crime involving moral turpitude. Matter of Ortega-Lopez, 26 I&N Dec. 99 (BIA 2013)
EOIR Memo on Continuances and Administrative Closure
A 3/7/13 memo (OPPM 13-01) from Brian M. O’Leary, Chief Immigration Judge, providing additional background and guidance on continuances and administrative closures. This memo replaces OPPM 94-6.
CRS Report on Chart Book of Key Trends in U.S. Immigration Policy
Congressional Research Service (CRS) report from 3/7/13 called “U.S. Immigration Policy: Chart Book of Key Trends” highlighting selected immigration trends that touch on the main elements of comprehensive immigration reform.
Stateside Waivers: Some Families Still Left Out in the Cold
This week, USCIS launched the new I-601A provisional waiver program, allowing certain relatives of American citizens who are in the country illegally to get a decision on their waiver case, before leaving the United States. The exact numbers are not known, but it is clear that the new rules will imp
Alabama Department of Public Safety Memo on Drivers Licenses
A 03/06/13 Memorandum from Major Terry Chapman of Alabama Department of Public Safety to Driver License Examiners through the chain of command allowing DACA recipients to apply and test for a driver license or ID card in Alabama.