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
EOIR Acting Director Snow's Letter to the Washington Post on Public Access to Immigration Proceedings
A 2/23/09 letter from Thomas Snow, Acting Director, EOIR, to Tom Shroder, Editor of the Washington Post, regarding a 2/22/09 Washington Post Magazine article titled "The Outsider." Acting Director Snow states that the article incorrectly describes the public's access to immigration proceedings.
GAO Report on ICE Resources for Providing Healthcare to Immigrant Detainees
A GAO report addresses ICE's organizational structure and its healthcare resources for detainees, findings that health care for detainees is not uniform across facilities and that there has been growth in healthcare expenditures.
BIA Remands to Allow for Additional Relevant Evidence in Cancellation of Removal Case
In an unpublished decision, the BIA remands after applicant for cancellation of removal claims removal to Honduras would pose exceptional and extremely unusual hardship to U.S. citizen daughter due to her kidney disease and other health problems. Courtesy of Luis Sanabria.
CA1 Rejects Nunc Pro Tunc §212(c) Claim
The court upheld the IJ’s decision to pretermit Petitioner’s §212(c) application where Petitioner was deemed an arriving alien and inadmissible, and the equities were not sufficiently compelling to grant §212(c) nunc pro tunc. (Nadal-Ginard v. Holder, 2/22/09)
CA3 Vacates Reinstatement Order
The court vacated the reinstatement order and remanded to answer questions such as whether the prior deportation order was invalidated by a federal district court. (Ponta-Garcia v. Att'y Gen. of the U.S., 2/20/09)
Advisory on Expansion In Relief for Unaccompanied Minors Following TVPRA
A practice advisory addresses the expansion in legal relief options for unaccompanied alien children following the enactment of the William Willberforce Trafficking Victims Protection Reauthorization Act of 2008. Courtesy of Deborah Lee, Manoj Govindaiah, Angela Morrison & David Thronson.
CA5 Addresses Receipt of Notice of Removal Hearing
CA5 finds that the petitioner’s failure to receive actual notice of his removal hearing due to his neglect of his obligation to keep the immigration court apprised of his current mailing address does not mean that he “did not receive notice.” (Gomez-Palacios v. Holder, 2/18/09
CA5 Finds “Voluntary Departure” Inapplicable to Petitioner Ordered Removed in Absentia
CA5 upholds the conviction of the petitioner who was indicted for illegal reentry after removal, finding that he could not avoid prosecution by refusing to appear at removal proceedings by departing in advance of the removal order. (United States v. Ramirez-Carcamo, 2/17/09)
287(g) Memorandums of Agreement Accessible in ICE FOIA Library
ICE 287(g) Memorandums of Agreement to enter into partnership with local law enforcement, and audits of 287(g) programs, are available for review in the ICE FOIA electronic library.
CBP Letter on Attorney Access at Barracks 5 in San Diego
A 02/13/2009 CBP letter from Mike Fisher, Chief Patrol Agent in San Diego, to the Legal Director of the American Civil Liberties Union (ACLU) of San Diego & Imperial Counties with guidance on attorney access to individuals being held at the Barracks 5 transit staging area.
CA6 Finds No Counterpart in § 212(a) to Render Petitioner Eligible for § 212(c) Relief
The court holds that because the petitioner is unable to establish grounds of inadmissibility that are comparable to the ground of removal/deportation filed against him, he is ineligible for INA § 212(c) relief. (Koussan v. Holder, 2/12/09)
IJ Finds it Proper to Adjudicate Motion to Terminate and Suppress on the Merits
The IJ citing de Rodriguez-Echeverria v. Mukasey found it proper to adjudicate respondent’s motion to terminate and suppress on the merits despite the Government’s contention that the federal courts are the appropriate forum for such arguments.
Snow Memo on Protective Orders and the Sealing of Records in Immigration Proceedings
A 2/9/09 Operating Policies and Procedures Memorandum (OPPM) from Thomas Snow, Acting Chief Immigration Judge, EOIR, provides guidance regarding issuance of protective orders and sealing of records in immigration proceedings.
CA2 Says Petitioner Is Bound by Attorney’s Concession of Removability
The court held that an IJ may accept a concession of removability when it is not contradicted by the record and that the concession cannot amount to “egregious circumstances” that would free an alien from the representations of his attorney. (Hoodho v. Holder, 2/6/09)
AILF Summary of AG Decision on Claims Regarding Counsel in Removal Proceedings (Updated on 2/6/09)
The Attorney General overrules the Board’s decisions in Matter of Lozada, and Matter of Assaad, finding there is no fifth amendment right to counsel. Matter of Compean-Bangaly & J-E-C, 24 I&N, Dec. 710 (AG 2009)
Neufeld Memo Revises Guidance on Adjudication of Form I-90
A 2/6/09 memo from Donald Neufeld, Acting Associate Director, USCIS, pertains to the adjudication of Form 1-90, Application to Replace Permanent Resident Card, and amends previous guidance established in the 7/11/06 memo titled, Disposition of Cases Involving Removable Alien.
Transition Document Submitted to the Obama/Biden Policy Transition Team Regarding Actions to Enhance Protections for Noncitizen Victims of Crimes
Documents regarding VAWA, U visas, and T visas prepared for the Obama transition team by an informal coalition of organizations working on family immigration reform.
Snow Memo on Classified Information in Immigration Court Proceedings
A 2/5/09 Operating Policies and Procedures Memorandum (OPPM) from Thomas Snow, Acting Chief Immigration Judge, EOIR, provides guidance on the proper handling of classified information in Immigration Court proceedings.
CA9 Holds BIA Erred in Finding Expunged Conviction as Bar to Relief
The court holds the BIA erred in finding the petitioner statutorily ineligible for cancellation on the basis of a set-aside conviction for possession of drug paraphernalia, which had been expunged. (Ramirez-Altamirano v. Mukasey, 4/14/09)
USCIS Memo on Parole Requests for Cubans Released Under INA § 236(a)(2)
A 2/4/09 memo from John Bulger, Chief, Office of Field Operations, USCIS, provides guidance on the processing of initial parole requests presented by natives or citizens of Cuba who are present in the U.S. without having been inspected and were released from custody under INA § 236(a)(2).
Cardozo Immigration Justice Law Clinic on Immigration Raids
Cardozo Immigration Justice Clinic report titled "Constitution on ICE: A Report on Immigration Home Raid Operations," on constitutional violations that have occurred during ICE home raids including results from two FOIA lawsuits.
Secretary Napolitano Announces Appointment of Special Advisor on Enforcement and Detention and Removal
On 2/4/08 DHS Secretary Janet Napolitano announced her appointment of Dora Schriro as Special Advisor on Immigration and Customs Enforcement and Detention & Removal, a newly created position.
AILA Hopeful that Attorney General Holder Will Rescind Matter of Compean Decision
AILA welcomes Attorney General Eric Holder’s statement that he will reexamine a Bush Administration legal decision about the right to counsel in immigration hearings because the Constitution and immigration law require that deportation proceedings be fundamentally fair.
USCIS Amended Guidance on Processing of Initial or Renewal Parole Requests by Cubans
A 2/3/09 memo from John Bulger, Chief, Office of Field Operations, USCIS, provides amended guidance on the processing of initial parole, or renewal parole, requests presented by natives of citizens of Cuba to USCIS field offices.
AG Nominee Eric Holder on Due Process Rights in Deportation Proceedings
Nominee for Attorney General Eric Holder responds to written questions from Senator Orin Hatch (R-UT). Question number seven relates to the constitutional right to due process of law for those in deportation proceedings.