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
Immigration Law Advisor, March 2009 (Vol. 3, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on balancing fairness and finality in deficient performances of counsel claims, federal court activity for February 2009, recent BIA precedent decisions, and a regulatory update.
DHS OIG Report on ICE Detention Bedspace Management
An April 2009 DHS Office of Inspector General (OIG) report conveys the findings of an audit to determine whether ICE is acquiring detention bedspace in a cost-effective manner.
CA11 Finds Petitioner Convicted after Trial Does Not Satisfy St. Cyr’s Reliance Requirement
The court holds that reliance is a component of the retroactivity analysis as it applies to aliens, deportable for criminal offenses, who wish to show that IIRIRA’s repeal of § 212(c) has an impermissible retroactive effect. (Ferguson v. U.S. Attorney General, 3/31/09)
EOIR Responds to USA Today Article on Immigration Court Backlogs
In a 3/30/09 letter, Thomas Snow, Acting Director, EOIR, responded to a USA Today article on immigration court backlogs.
What a Difference a Year Makes
Nearly a year ago, on May 12, 2008, we witnessed the largest worksite raid in US history when ICE stormed the Agriprocessor's meat packing plaint in Postville, Iowa. The massive raid lead to the arrest and criminal prosecution of nearly 400 undocumented workers, mostly uneducated Guatemalan farmers.
Two Excellent Editorials in Today’s New York Times
Check out “Border Control“ The Times' editorial arguing that a realistic border policy can only be implemented in conjunction with comprehensive immigration reform http://tinyurl.com/crt8x2. And don't miss Lawrence Downes' thoughtful piece “Don't Deport Benita Veliz“, calling for passage
CA9 Holds Evidence Regarding Appellant’s Citizenship Improperly Admitted as Hearsay
CA9 finds appellant is not derivative citizen as his stepfather is not related by blood and was not married to his mother at the time of his birth. But it finds that conviction for being removed, then found in the U.S., was based on hearsay. (United States v. Marguet-Pillado, 3/27/09)
TSC Practice Alert: NTAs Issued on Approved I-140s for 245(i) Eligible Beneficiaries
The AILA/TSC Liaison committee is collecting information to release to the Texas Service Center so that corrective action may be taken on I-140 petitions that were approved for a beneficiary who is 245(i) eligible, yet TSC issued an NTA. AILA Doc. No. 09032769.
CA9 Finds Petitioner with Expunged State Conviction Ineligible for Relief Because of Probation Violation
The court denies the petition holding that Federal First Offender Act (FFOA) relief is not available when the person whose conviction is expunged has violated a condition of probation. (Estrada v. Holder, 3/26/09)
CA9 Finds Alien Smuggling Inadmissibility Waiver Does Not Apply to Applicants for Cancellation of Removal
The court holds that 8 U.S.C. § 1182(d)(11) does not authorize the Attorney General to waive the “alien smuggling” bar to establishing good moral character for purposes of cancellation of removal. Overrules Moran v. Ashcroft. (Sanchez v. Holder, 3/26/09)
CA8 Rejects Argument that Government Evidence of Fraud is Inadmissible Hearsay
CA8 found that the govt’s evidence was admissible because it was probative and fundamentally fair. Also found statute of limitations applies only to recissions of adjustment of status and not to removal proceedings. (Kim v. Holder, 3/26/09).
CA1 Denies Equitable Tolling, Finds Lack of Due Diligence
The court found that the BIA did not abuse its discretion in denying equitable tolling where Petitioner failed to exercise diligence by waiting over two years from the IJ’s initial decision before filing a motion to reopen. (Dawoud v. Holder, 3/26/09)
MSNBC Does Immigrant Detention
Its about time that the National Media started paying attention to America's new Gulag system of immigrant detention. Building remote detention centers with private contractors in places without lawyers, monitoring or relation to the location of the detained immigrant's family is just not right. Dep
U.S. Mexico Actions Against Cartel Violence – A Local View
This is my twenty-third year of living along the border here in El Paso, Texas next to Cd. Juarez. From my window, I can see two of our ports of entry. I also spent four years as President of the El Paso Foreign Trade Association years ago working on the the funding, staffing, and creation […]
USCIS Addresses NTA Issuance After I-140 Approval
AILA discussed the issue of NTA issuance by the TSC subsequent to the approval of an I-140 visa petition for a beneficiary who appears to be out-of-status or an EWI.
HHS Guidance on Age Determinations of Aliens in DHS and HHS Custody
On 3/23/09 the Division of Unaccompanied Children's Services, Office of Refugee Resettlement, HHS, released program instruction regarding age determinations of foreign nationals in HHS and DHS custody.
Presidential Memo on Deferred Enforced Departure for Liberians
A 3/20/09 Presidential Memorandum for the Secretary of Homeland Security extending deferred enforced departure for Liberians from 3/31/09 to 3/31/10.
EOIR Announces Cleveland Immigration Court has Administrative Control Over all Ohio Cases
On 3/20/09 EOIR announced that beginning 4/6/09 the Cleveland Immigration Court will have administrative control of all cases within Ohio.
BIA Finds Cocaine Solicitation is Offense "Relating to a Controlled Substance"
BIA reaffirms precedent in Matter of Beltran, finding that a Florida conviction for criminal solicitation of cocaine is a conviction "relating to a controlled substance" that makes respondent removable outside the Ninth Circuit. Matter of Zorilla-Vidal, 24 I&N Dec. 768 (BIA 2009)
AILA/EOIR Liaison Q&As (3/19/09)
EOIR Q&As from the AILA EOIR Liaison Committee meeting on 3/19/09, addressing joint requests to administratively close a case, Immigration Judge evaluation, entry of appearance in Immigration Court, electronic access to docket information, Immigration Court Practice Manual and much more.
BIA Finds that IJ Can Order Continued Detention as Condition of Voluntary Departure
The BIA held that an IJ has the authority to order the continued detention of a foreign national as a condition of voluntary departure after foreign national failed to establish eligibility for asylum, withholding or CAT relief. Matter of M-A-S-, 24 I&N Dec. 762 (BIA 2009)
BIA Finds IJ Erred in Concluding Burglary is not CIMT
The BIA held that conviction for burglary is a CIMT after engaging in a traditional categorical analysis and examining whether there is a “‘realistic probability” that the statute would include conduct that does not involve moral turpitude. Matter of Louissaint, 24 I&N Dec. 754 (BIA 2009)
ICE Releases Notice of Death of Detainee in Georgia Hospital
A 3/16/09 ICE press release announced the death of a 39-year-old detainee at a hospital in Columbus, Georgia. The release states that he passed away of apparent natural causes and that an autopsy will be performed. AILA Doc. No. 09031761.
CA9 Finds Petitioner with U.S. Citizen Stepfather Cannot Meet Burden to Prove Citizenship
The court finds that the Petitioner, born to two unwed non-citizen parents, cannot be deemed “born in wedlock” under 8 U.S.C. § 1401(g). (Martinez-Madera v. Holder, 3/16/09)
EOIR Fact Sheet on Video Teleconferencing
A 3/13/09 EOIR fact sheet provides an overview of the law authorizing hearings conducted using video teleconferencing and the role of video teleconferencing in the Criminal Alien Program.