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
INS Interim Regulation Precludes 212(h) Waivers for Most "Violent" Crimes
INS interim rule precluding 212(h) waivers where the application "involves a violent or dangerous crime", except in extraordinary circumstances. Comments due 1/27/03. Rule was originally proposed as part of the Indochinese Adjustment regulations. (67 FR 78675, 12/26/02)
BIA on NTA Service by Certified Mail
The BIA held that service of an NTA and hearing notice by certified mail was proper, even though it was returned and marked “unclaimed.” (Matter of M-D-, 12/18/02)
EOIR OPPM 02-05: Excused Absence/Administrative Leave for Attendance at Conferences and Conventions
EOIR issues Operating Policies and Procedure Memorandum (OPPM) 02-05: Excused Absence/Administrative Leave for Attendance at Conferences and Conventions, which establishes the policy for approval and use of excused absence/administrative leave by EOIR personnel to attend conferences and conventions.
Copy of TRO Halting Deportations to Somalia
U.S. District Judge granted a motion for a temporary restraining order enjoining the INS from removing Somali nationals back to Somalia. Oral argument in the case is scheduled for 1/14/03. (Ali v. Ashcroft, 12/10/02)
BIA Finds Service of NTA to Minor's Uncle was Improper
The BIA held that removal proceedings against a 7-year-old were properly terminated because the NTA was served only on the child’s uncle and no effort was made to serve the notice on the child’s parents in the U.S. (Matter of Andino, 12/4/02)
BIA Vacates Grant of Relief to 12-Year-Old
The BIA held that the INS met its burden of establishing the minor respondent’s removability and that she was properly notified of her hearing by mailing the NTA to the last address provided by her parent, with whom she was residing. (Matter of Gomez-Gomez, BIA 12/4/02)
DOJ’s Statement on Rabih Haddad Asylum Decision
Justice Department statement on the 11/22/02 immigration judge decision denying Rabih Haddad’s application for asylum and withholding of removal.
Minutes from Texas Bar Committee Meeting with AILA (11/22/02)
The 11/22/02 minutes of the meeting of the Texas Bar Committee on Laws Relating to Immigration & Nationality and update information on developments at the U.S. consulate in Juarez, Mexico. Also included is a report on Pro Bono Asylum Representation.
INS Notice Expanding the Expedited Removal Program
INS notice expanding the expedited removal program to cover aliens who arrive in the U.S. by sea and who are not admitted or paroled. The notice takes effect immediately. (67 FR 68923, 11/13/02)
INS Notice Expanding Expedited Removal to Cover Aliens Arriving by Sea
INS has designated a new class of aliens subject to expedited removal - certain aliens who arrive in the U.S. by sea, either by boat or other means, who are not admitted or paroled,” will be subject to expedited removal and will be detained during the course of any proceedings.
U.S. Supreme Court Tells Ninth Circuit to Remand Factual Questions
In a per curiam opinion, the Supreme Court reminds the 9th Circuit that it should remand fact-finding questions such as "changed circumstances" or changed "country conditions" affecting an asylum application. (INS v. Ventura, 11/4/02)
BIA Says Misdemeanor Drug Possession Is Not an Aggravated Felony
The BIA held that in accordance with Second Circuit precedent, an individual who has been convicted twice of misdemeanor marijuana possession under New York law has not been convicted of an aggravated felony under INA §101(a)(43)(B). (Matter of Elgendi, 10/31/02)
The CAIR Coalition and AILA Announce the Filing of a Lawsuit Challenging New BIA Regulations
The Capital Area Immigrants’ Rights Coalition (CAIR Coalition) and the American Immigration Lawyers Association (AILA) filed a federal lawsuit challenging the decisionmaking process used by the Department of Justice (DOJ).
New Local Operating Procedures for San Antonio, Texas Immigration Court
EOIR has posted to its website new local operating procedures for the immigration court in San Antonio, Texas.
New Address for San Juan, Puerto Rico Immigration Court
EOIR alert that the immigration court in San Juan, Puerto Rico has a new address.
AILF and AILA Comments on Proposed St. Cyr Rule
AILF and AILA comment on proposed rule regarding §212(c) relief. Comments can also be used as model comments or organizations can sign on to AILF/AILA comments.
Testimony of AILA Member Paul Virtue Regarding the Case of Hesham Mohamed Ali Hedayet
Testimony of AILA Member Paul Virtue, before the House Immigration Subcommittee, regarding the INS’s handling of the asylum case of Hesham Mohamed Ali Hedayet, the Egyptian immigrant who shot and killed two people at Los Angeles International Airport on July 4, 2002.
Preliminary Settlement in Barahona-Gomez v. Ashcroft
A preliminary settlement has been reached in the class action lawsuit that challenged EOIR directives prohibiting the BIA and Immigration Judges from granting suspension of deportation after 2/13/1997 because of their interpretation of the 4,000 cap. (Barahona-Gomez v. Ashcroft, 10/30/02)
EOIR Responses to AILA's Liaison Questions (9/26/02)
Liaison issues addressed with EOIR included such topics as adjustment of status in proceedings, immigration court and BIA procedures, IJ behavior, the EOIR-28 form, VAWA confidentiality, and electronic filing.
BIA Says CT 3rd Degree Assault Is a Crime of Violence
The BIA held that third-degree assault involving the intentional infliction of physical injury upon another, in violation of the Connecticut law, is an aggravated felony crime of violence under §101(a)(43)(F). (Matter of Martin, 9/26/02)
BIA Vacates Grant of Deferral of Removal Under CAT
The BIA held that the respondent, who was convicted of a U.S. drug offense, failed to establish that it is more likely than not that she will be tortured as a result of that conviction if she is deported to Nigeria. (Matter of M-B-A-, 9/24/02)
BIA Remands Case for Deficiency in IJ’s Factual Findings
The BIA held that under new regulations effective 9/25/02, it has limited fact-finding on appeal which heightens the need for IJs to include clear and complete findings of fact in their decisions. (Matter of S-H-, 9/12/02)
BIA Updates Precedent Decisions Chart
The Board of Immigration Appeals has updated its chart that tracks, in chronological fashion, various BIA precedent decisions that have been cited by the federal circuit courts.
Guidelines for Submitting an Optional Supplemental Brief Under the New BIA Rule
The BIA has issued guidelines for the submission of optional supplemental briefs pursuant to the final BIA procedural reform regulation published on August 26, 2002. The regulation takes effect on September 25, 2002.
AILA’s Comment on the Indochinese Parolee Adjustment Regulations
AILA comments on proposed regulations that would provide for the adjustment of status of certain aliens from Vietnam, Cambodia and Laos. Thanks to Maureen Masters, on behalf of the U.S. Catholic Conference, and John T. Combs, on behalf of AILA, for their good work.