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
Diaz & Lopez, Briones, Acosta
AILA Amicus Committee alert on Matter of Diaz and Lopez, and Briones and Acosta, and the correct statement of Brand X law.
Immigration Court and EOIR Office Closings for March 5, 2013
EOIR public statement announcing that the Bloomington, Minnesota immigration court will be closed on Tuesday, March 5, 2013 due to inclement weather conditions.
EOIR Swears in Two New Immigration Judges
EOIR press release announcing the swearing-in of Craig A. Harlow and Sunita B. Mahtabfar as immigration judges at the Pearsall, TX Immigration Court and El Paso Service Processing Center, respectively.
CA7 Finds No Jurisdiction to Review Denial of Continuance
The court held that the jurisdictional bar in §242(a)(2)(C), which prohibits the court from reviewing a removal order if the noncitizen committed certain criminal offenses, precluded them from reviewing the denial of a continuance. (Moral-Salazar v. Holder, 2/28/13)
USCIS FOIA Response For Documents Related to DACA
USCIS FOIA response for request of documents related to deferred action since 6/17/11 and Consideration of Deferred Action for Childhood Arrivals (DACA) since 8/15/12. Documents received include 9/13/12 Standard Operating Procedures (SOP) for DACA. Special thanks to Shoba Sivaprased Wadhia.
H.R. 435 - Military Enlistment Opportunity Act
H.R. 435 - Military Enlistment Opportunity Act, introduced by Rep. Coffman (R-CO), broadens the pool of those eligible to enlist in the U.S. Armed Forces beyond citizens and lawful permanent residents, and those eligible under the narrow MAVNI provisions.
CA8 on “Particular Social Group” Requirement
The court denied the asylum claim, holding that “family members of local business owners” is not a particular social group and that the petitioner did not prove that he was targeted for gang recruitment because of his father's business. (Quinteros v. Holder, 3/1/13)
VOICE: March/April 2013
The latest issue of VOICE brings you insight into the gay marriage and DOMA cases facing the Supreme Court, how to take your law firm mobile, advice on wage leveling violations, and much more!
Presidential Pardon Granted to Chinese Citizen For Defrauding Legacy INS in 1996
Copy of official presidential pardon from 3/1/13 for An Na Peng, a Chinese national who was convicted of conspiracy to defraud legacy INS. Ms. Peng’s attorney, Maile Hirota, provided this copy of the official pardon certificate.
Immigration Law Advisor, February 2013 (Vol. 7, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on the unlawful presence bars including sources of guidance for adjudicators and suggestions for analyzing cases involving the bars, as well as circuit court decisions and precedent BIA decisions for January 2013.
DOJ OIL February 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Sixth Circuit ruled that conspiracy to traffic in identification documents constitutes a crime involving moral turpitude.
DOJ OIL March 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2013 with articles on an I-212 waiver class action and the fugitive disentitlement doctrine, as well as litigation highlights, summaries of recent circuit court decisions, and monthly topical parentheticals.
Immigration Quicktake: Sequestration
In response to the sequestration, DHS is already taking steps to reduce spending. Several hundred lower-priority immigration detainees were released over the past few days. Joining us through Skype is Maurice Goldman, Media Advo Committee member, to discuss the issue.
CA11 on Filing a 212(h) Waiver Without an Adjustment Application
The court remanded the case to the BIA to determine whether the petitioner is eligible for a 212(h) waiver, noting that the Board’s current interpretation of §212(h) is unclear in light of recent case law. (Lawal v. U.S. Att’y Gen., 2/28/13)
CA9 On Illegal Reentry Under INA §241(a)(5)
The court held the petitioner’s last entry to the U.S., in which he showed officials his invalid registration card and they allowed him to enter, met the illegal reentry requirement in §241(a)(5) despite being procedurally regular. (Tamayo-Tamayo v. Holder, 2/28/13, amended 6/18/13)
TRAC Report on Immigration Referrals and Spike in Criminal Prosecutions
Transactional Records Access Clearinghouse (TRAC) report showing 15,313 federal criminal prosecutions in December 2012, with this 14% sharp increase being entirely the result of prosecutions recommended by CBP agents in just two federal districts along U.S.-Mexico border.
USCIS Transfers Workload from Vermont Service Center to Nebraska Service Center
USCIS press release announcing that on 2/13/13, USCIS transferred some casework from Vermont Service Center to Nebraska Service Center to balance overall workload with processing capacity at the centers related to DACA and Form I-765 Application for Employment Authorization.
DHS Briefs Filed With BIA on 212(c) Cases Post-Judulang
DHS supplemental briefs to the BIA in two cases, discussing the impact of Judulang on 212(c) cases and arguing that an LPR can only receive a 212(c) waiver where he or she was deportable at the time of a pre-IIRIRA conviction.
EOIR’s Disciplinary Program and Professional Conduct Rules for Immigration Attorneys
EOIR fact sheet from 2/27/13 providing an overview of grounds for disciplining attorneys and representatives, complaints about immigration attorneys or representatives, initiating disciplinary proceedings, requesting a hearing, appealing a disciplinary decision and more.
EOIR FY2012 Statistical Year Book
EOIR FY2012 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
AILA Notes on Liaison Q&As with SCOPS (2/27/13)
AILA notes from a teleconference with SCOPS on 2/27/13. Topics include H-1B filing tips, NIW RFEs, contacting NSC regarding an I-485 that is current, I-821D processing times, and number of photos required for I-485 filings.
Immigration Court and EOIR Office Closings for February 26, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Tuesday, February 26, 2013 due to inclement weather conditions.
ICE Statement on Release of Individuals from Immigration Detention
ICE statement regarding the release of certain individuals from immigration detention.
AILA Supports the Military Enlistment Opportunity Act
AILA applauds the introduction last month of H.R. 435, the Military Enlistment Opportunity Act, by Congressman Mike Coffman (R-CO) that provides an opportunity for immigrants to serve in our Armed Forces, and urges Congress to make the bill part of a broader reform effort.
Immigration Court and EOIR Office Closings for February 25, 2013
EOIR public statement announcing that the Denver, Colorado immigration court will open at 10am on Monday, February 25, 2013 due to inclement weather conditions.