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 FY2002 Statistical Year Book
The EOIR has just released its FY2002 Statistical Year Book, containing useful data and charts on, among other things, proceedings received and completed by type, disposition, and nationality, for both the immigration courts and the BIA.
Justices Affirm Habeas Jurisdiction under §236, but Uphold Detention of Criminal LPRs
The Court overturned the Ninth Circuit and held that criminal LPRs can be detained pursuant to INA §236(c) without individual bond hearing. A different majority, however, held that §236(e) does not preclude habeas review of challenges to detention under §236(c). (Demore v. Kim, 4/29/03)
AILA Condemns AG’s Decision that Purports to Alter the Standards for Bond
AILA press release condemning a precedent decision holding that in bond proceedings involving undocumented aliens, where the government offers evidence that such release would serve to stimulate mass migration and threaten national security, IJs and the BIA must consider such interests.
Several BIA Members to Begin New Assignments
AILA has learned that the 5 BIA Members who have been asked to find other placements will soon transition to their new positions. The judges in question are Paul Schmidt, Gus Villageliu, Cecelia Espenoza, John Guendelsberger and Noel Brennan.
AG on Evidence in Bond Proceedings
The Attorney General held that in bond proceedings, the IJ and the BIA must consider evidence from Executive sources that the alien's release would serve to stimulate mass migration and threaten national security. (Matter of D-J-, 4/17/03)
EOIR Corrects Class Action Judgment Notice in Barahona-Gomez v. Ashcroft
Correction to EOIR notice advising of the settlement in Barahona-Gomez v. Ashcroft, which challenged prohibitions on granting suspension of deportation after 2/13/97 because of the agency interpretation of the 4,000 cap. (68 FR 18332, 4/15/03)
EOIR Responses to AILA's Liaison Questions (3/27/03)
Liaison issues addressed with EOIR included such topics as BIA reorganization, IJ case completion goals, asylum clock, records for appeal, mailing of decisions to the wrong address, briefing schedule, and Special Registration.
DOJ Exempts FBI’s National Crime Database from Privacy Act’s Accuracy Requirements
DOJ final rule exempts FBI’s National Crime Information Center database from the Privacy Act, thus FBI need no longer ensure the accuracy and timeliness of incriminating information about a particular individual. (68 FR 14140, 3/24/03)
EOIR Issues Notice of Class Action Judgment in Barahona-Gomez v. Ashcroft
EOIR notice advising of the settlement in Barahona-Gomez v. Ashcroft, the class action lawsuit that challenged directives that prohibited the BIA and IJs from granting suspension of deportation after 2/13/97 because of their interpretation of the 4,000 cap. (68 FR 13727, 3/20/03)
BICE Begins Seeking Out, Apprehending Certain Iraqi Nationals in the U.S.
The Bureau of Immigration and Customs Enforcement (BICE), on 3/20/03, began seeking out and apprehending specific Iraqi nationals unlawfully present in the U.S. The initiative is part of the recently announced “Operation Liberty Shield.”
EOIR Advisory Statement on Barahona-Gomez Settlement
EOIR advisory discussing the settlement in Barahona-Gomez v. Ashcroft, the class action lawsuit that challenged directives that prohibited the BIA and IJs from granting suspension of deportation after 2/13/97 because of their interpretation of the 4,000 cap.
AILA Issue Paper on IIRAIRA and Due Process
AILA Issue Paper on AILA support for legislative initiatives designed to correct the injustices resulting from IIRAIRA and to restore due process and fairness for legal permanent residents.
DHS Announces Removal of 103 Pakistanis
The Bureau of Immigration and Customs Enforcement press release announcing that, in cooperation with the government of Pakistan, 103 Pakistanis were removed to Islamabad, for a total of 500 removals to Pakistan in the past year.
EOIR’s New Legal Orientation Program Aims to Aid Detainees
An EOIR News Release announces the agency’s new Legal Orientation Program, in which private nonprofit agencies provide individuals detained by the DHS information about court procedures and available options for relief prior to their first court appearance.
VSC's Written Answers to AILA's Liaison Questions (3/4/03) AMENDED 7/10/03
Topics addressed include applications for NSEERS registrants, public information telephone system, backlogs, concurrent L-1 employment, premium processing, expedites, ability to pay the offered wage, and religious workers.
AILA Backgrounder on the Draft “PATRIOT Act II”
AILA Backgrounder on leaked draft of the “Domestic Security Enhancement Act of 2003” (aka PATRIOT Act II), legislation that would diminish the already compromised due process of lawful permanent residents and other noncitizens under the pretext of fighting terrorism and enhancing homeland security.
Office-by-Office Summary of How INS Is Handling Call-In Special Registration (Updated 02/20/03)
Summary of the handling of NSEERS call-in registrations by various INS offices. Alphabetical by name of city.
Justice Department Drafts Expanded PATRIOT Act
Recently leaked draft legislation from the Justice Department would expand the USA PATRIOT Act and would grant government authorities unprecedented powers.
DOJ Finds Exceptions to 90-Day Removal Period and No Reasonable Dispatch Required
In a 2/20/03 opinion, DOJ concluded that the AG has no obligation to "act with reasonable dispatch" to effectuate removal within 90-day period and that certain grounds, such as investigating terrorist connections, support detention without removal beyond the 90-day period. Courtesy of Dan Kowalski.
BIA Upholds Right To Effective Assistance Counsel in Removal Proceedings
The BIA upheld Matter of Lozada and adopted AILF's argument that the BIA must follow the courts of appeal, which have uniformly recognized a due process right to effective assistance of counsel. (Matter of Assaad, 2/12/03)
INS Final Rule Barring Release of Detainee Information
INS has adopted as final, without change, an interim rule barring the public release of information on INS detainees by any non-federal provider of detention services, and clarifying that all such requests for information be directed to the INS. (68 FR 4364, 1/29/02)
Summary of Field Guidance on Special Registration Issued (Updated 1/13/03)
Summary of field guidance that INS has issued to district offices on the conduct of call-in NSEERS, including instructions that persons with pending applications that would result in a legal status should not be referred to Investigations. The memo itself is unavailable.
Man Loses Bid to Remain in the U.S. After Committing Bigamy to Acquire LPR Status
The BIA held that an alien who acquires LPR status through fraud or misrepresentation has never been “lawfully admitted for permanent residence” and is ineligible for cancellation of removal. (Matter of Koloamatangi, 1/8/03)
INS Guidance on Security Checks and Prosecutorial Discretion for NSEERS Registrants
A 1/8/03 memo from Johnny Williams, Executive Associate Commissioner (INS), providing guidance on exercising prosecutorial discretion and issuing NTAs to call-in special registrants, and on conducting security checks.
DOS Cable on Application of Lujan-Armendariz to Applicants Who Enter at 9th Circuit POE
A 12/30/02 DOS cable stating that Lujan-Armendariz should apply to expunged first-time simple drug possession conviction, if the applicant intends to enter the U.S. at a port of entry within the 9th circuit.