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
Model Comment on DHS/DOJ Proposed Rule on Countries to Which a Foreign National May be Returned
A group of advocates, including AILA and AILF, compiled draft comments to the DHS/DOJ proposed rule amending regulations regarding countries to which individuals may be removed. Draft comments can be a model for those wishing to submit comments. Comments must be received by DHS/DOJ by 8/18/04.
State Bar of Texas Meeting Minutes (8/13/04)
The 8/13/04 minutes from the last quarterly meeting of the State Bar of Texas, Committee on Laws Relating to Immigration & Nationality, address a variety of issues. The committee met with various directors and discussed current procedures, policies, staffing levels, and more.
CBP Notice of Expansion of Expedited Removal Treatment
Notice on use of expedited removal procedures with foreign nationals who are inadmissible under INA §§ 212(a)(6)(C) or (7), apprehended within 100 air miles of a land border, and who are unable to establish physical presence in the U.S. for the past 14 days. (69 FR 48877, 8/11/04)
DHS Press Release on Expanded Expedited Removal and Border Crossing Cards
A DHS press release announces the expanded use of expedited removal to areas within 100 miles of the border, and indicates that a new rule will be issued allowing holders of border crossing cards to remain in the U.S. within the border zone for up to 30 days.
DHS to Initiate Expedited Removal Beyond Ports of Entry
DHS Undersecretary Hutchinson announced on 8/10/04 that the use of expedited removal will be expanded to points within 100 miles along the northern and southern borders. The program is not intended for Mexicans or Canadians, but such nationals could be subjected to it.
CA3 Calls for Record Reform in Asylum Proceedings
The court commented at length on a “disturbing trend" in which courts are forced to rely on evidence of country conditions in administrative records that is “grossly out-of-date” and urged Congress, DHS, and the BIA to take action to remedy the problem. (Berishaj v. Ashcroft, 8/5/04)
CA2 Says CT Third Degree Larceny Is an Aggravated Felony
The court held that third degree larceny under Connecticut General Statues §53a-124 is an aggravated felony theft offense under INA §101(a)(43)(G). (Abimbola v. Ashcroft, 8/5/04)
CA2 Rejects BIA Remand to Amend NTA
The court held that the BIA erred in remanding to allow INS to amend the NTA to charge Petitioner with additional convictions where INS failed to establish that evidence of the other convictions was previously unavailable. (Johnson v. Ashcroft, 8/5/04)
EOIR Fact Sheet of Forms of Relief in Proceedings
EOIR Fact Sheet addresses the most frequently requested forms of relief in removal proceedings, including voluntary departure, cancellation of removal, asylum, adjustment of status, motions to reopen/reconsider, stay of removal, and administrative and judicial appeals.
ABA Issues Report on UACs in the United States
The American Bar Association (ABA) issued a report on the standards for the custody, placement and care; legal representation; and adjudication of unaccompanied alien children in the United States.
CA6 BIA Lack Authority to Reinstate VD Period When Motion to Reopen Deportation Proceedings Is Denied
The court held that the BIA lacks authority to reinstate the voluntary departure when denying a motion to reopen. The court also lacks jurisdiction to reinstate the voluntary departure period in transitional rule cases. (Harchenko v. Ashcroft, 7/30/04)
CA6 Holds State Felony Simple Possession Convictions Are Not Aggravated Felonies in Criminal Re-entry Case
The court held that state felony drug offenses that do not contain a drug trafficking element must be punishable as a felony under federal law to constitute an aggravated felony under the INA. (United States v. Palacios-Suarez, 7/25/04)
CA6 Finds that St. Cyr Applies Where the Second of the Two CIMTs Resulted From a Plea
CA6 found that applying the repeal of § 212(c) to a petitioner charged with 2 unconnected crimes of moral turpitude would have impermissible retroactive effect, where the first conviction resulted from a trial and the second conviction was sustained by guilty plea. (Thaqi v. Jenifer, 7/23/04)
CA9 Finds Failure to Timely File BIA Appeal Amounted to Prejudicial Ineffective Assistance of Counsel
Even though the BIA considered a later motion to reopen, the court found that petitioners had been prejudiced by prior counsel’s failure to timely file a notice of appeal, in part because they were deprived of the in-depth review of the IJ's factual conclusion. (Siong v. Ashcroft, 7/23/04)
BIA Affirms Grant of Asylee Adjustment and Waiver of Inadmissibility
The BIA rejected DHS's appeal, finding that EOIR has original and exclusive jurisdiction over an asylee adjustment and accompanying §209(c) waiver and that termination of a grant of asylum is not mandatory where §§209(b) and 209(c) relief is available. (Matter of K-A-, 7/23/04)
EOIR Guidance on Creating a Record in Court Telephonic and Video Conferences
Memo was rescinded by OPPM 04-06 on 8/18/04. OPPM 04-04 was issued 7/22/04 on creating an accurate record of the hearing location and whether it was conducted by telephone or video for purpose of determining applicable law.
CA7 Holds that Failure to Surrender for Deportation Constitutes Forfeiture of Judicial Review
Finding that the “fugitive-disentitlement doctrine” applies to immigration cases, CA7 dismissed the petition for review because petitioners did not surrender pursuant to bag-and-baggage letters, after the court had granted them temporary stays of removal. (Sapoundjiev v. Ashcroft, 7/22/04)
CBP Factors to Consider When Exercising Discretion and List of Available Forms of Discretion
CBP 7/20/04 memo with additional guidance on CBP’s use of discretion, including factors to consider when deciding whether to exercise discretion and a list of the forms of discretion available. Received through American Immigration Council FOIA.
CA5 Finds No Due Process Violation Where Ineffective Assistance of Counsel Results in Denial of Discretionary Relief
Reviewing the BIA’s decision affirming the denial of a motion to reopen based on ineffective assistance of counsel, CA5 held that petitioner’s motion did not allege a due process violation because he was ultimately seeking discretionary relief from removal. (Assaad v. Ashcroft, 7/19/04)
ICE/EOIR Notice on Countries to Which Foreign Nationals May be Removed
DHS and DOJ rule specifing that acceptance by a country is not required for removal to that country, and that "country" does not require the existence or functionality of a government. Also addressed is the countries to which one may be removed. (69 FR 42901, 7/1/04)
CA2 Rejects “No Liberty or Property Interest in Discretionary Relief” Argument
The court rejected the government’s position that noncitizens have no protected liberty or property interest in obtaining discretionary relief, explaining that the argument erroneously relies on a property rights analysis from §1983 cases. (U.S. v. Copeland, 7/16/04)
CA8 Finds Reinstatement Has Impermissible Retroactive Effect (Updated 11/8/04)
CA8 held a person who filed a labor certification application before 4/1/97 could not be subject to reinstatement of removal, reasoning that it would have impermissible retroactive effect because it would deprive him of his right to defend against deportation.(Lopez-Flores v. DHS, 10/28/2004)
Current and Defunct Miscellaneous Codes Used By USCIS
A list of current and defunct codes used by USCIS in contexts other than the green card.
CA8 Denies Motions for Stay of Voluntary Departure Filed After the Expiration of Such Period
CA8 held it lacked authority to stay the voluntary departure period where the request for a stay of the voluntary departure period was filed after expiration of the period. (Obleshchenko v. Ashcroft, 7/8/04); (Molathwa v. Ashcroft, 7/8/04)
CA3 Finds Controlled Substance Conviction Bars Judicial Review
The court held that the fact that Petitioner was charged with and found removable for a controlled substance conviction barred judicial review under INA §242(a)(2)(C), even though he did not challenge that finding in the petition for review. (Douglas v. Ashcroft, 7/8/04)