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
DOJ Inspector General’s Audit Report on the Institutional Removal Program
The DOJ Inspector General’s Audit Report on the Institutional Hearing Program found that the INS has not effectively managed the program, and recommended that the agency take specific steps to address the problems cited in the report.
CA6 Declares Blanket Closure of Special Interest Hearings Ruled Unconstitutional
Sixth Circuit decision declaring that Chief Immigration Judge Creppy's directive to close all special interest cases violates the First Amendment. Detroit Free Press (Haddad) v. Ashcroft (8/26/02)
Ashcroft Changes to BIA: A Slap in the Face to Immigrants
AILA decries Ashcroft's changes to the Board of Immigration Appeals. The changes severely compromise due process and the independence of the immigration court system.
DOJ Final Rule to Enact Procedural Reforms at the BIA
DOJ final rule that would make a number of procedural reforms at the Board of Immigration Appeals, including cutting the number of BIA Members from 19 to 11 and expanding the number of cases referred to a single Board member. Rule effective 9/25/02. (67 FR 54877, 8/26/02)
DOJ Issues Fact Sheet on Final BIA ‘Reform’ Rule
The DOJ has issued a fact sheet on the final rule that revamps the structure and procedures of the BIA.
DOJ Press Release Announcing Final BIA Rule
The Justice Department has issued a press release announcing the publication of the final rule implementing numerous procedural reforms at the BIA. The rule takes effect on September 25, 2002.
EOIR Publishes Correction to Proposed St. Cyr Rule
The EOIR has published a correction notice to the proposed rule that would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c), in light of the Supreme Court’s ruling in INS v. St. Cyr.. (67 FR 54360, 8/22/02)
EOIR Resources on Proposed §212(c) Rule
The EOIR has issued a fact sheet and a news release on the proposed rule that would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c).
Proposed Rule Would Extend § 212(c) Eligibility in Certain Cases
A joint INS/EOIR proposed rule would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c), in light of the Supreme Court’s ruling in INS v. St. Cyr. (67 FR 52627, 8/13/02)
Government Must Release the Names of Individuals Detained in Connection with September 11 Attacks
The District Court ruled that DOJ must release the names of individuals detained in the 9/11 attacks within 15 days of the court's decision. (Center for Nat'l Security Studies v. Justice Dept., 8/6/02)
Fact Sheet on the INS’s Office of Juvenile Affairs
An INS Fact Sheet dated 8/1/02 provides an overview of the INS’s recently established Office of Juvenile Affairs.
House Judiciary Committee Approves Due Process Reform Measure
AILA expresses support for the House Judiciary Committee passage of the bipartisan Family Reunification Act, which would provide a limited opportunity for certain long-term legal permanent residents to ask a judge to consider the facts of their case before deciding whether to deport them.
House Judiciary Committee Approves Due Process Reform Bill
On 7/23/02, the House Judiciary Committee approved the Family Reunification Act of 2002 (H.R. 1452), a limited due process reform bill that will restore some measure of fairness to our immigration laws.
CA4 Issues Precedent Decision on the Use of Video
Although the court did not find prejudice in the individual case, CA4 held that video conferenced hearings may violate due process in some cases because it could negatively affect the respondent's credibility and restrict the respondent's access to counsel. (Rusu v. INS, 7/22/02)
Immigration Advocates Thank Sensenbrenner for Support on Due Process Bill
Immigration advocacy groups letter to Representative James Sensenbrenner expressing appreciation for his work in support of H.R. 1452, the Family Reunification Act of 2002. If passed, this legislation is an important first step toward restoring some measure of fairness to our immigration laws.
EOIR Memo on Protective Orders and the Sealing of Records
Memo was rescinded and replaced by OPPM 09-02, issued on 2/9/09. EOIR issued OPPM 02-02 on 7/16/02, with guidance on the issuance of protective orders and sealing of records in immigration proceedings, in light of regulations granting IJs authority to issue protective orders and seal records.
DOJ Discloses Cursory Information on 9/11-Related Detainees
A 7/3/02 letter to Sen. Carl Levin, Assistant AG Daniel Bryant disclosed that INS detained 752 individuals on immigration violations in connection with the 9/11 terrorist attacks, and the EOIR has subjected 611 individuals to closed hearings pursuant to a 9/21/01 directive from Chief Judge Creppy.
AILF Resources on Motion to Exercise Sua Sponte Authority to Reopen Based on Fundamental Change in Law
The practice advisory and amicus briefs discuss motions requesting the BIA or the Immigration Courts to exercise their sua sponte authority to reopen cases where respondents were deported prior to fundamental change in the law, such as St. Cyr.
INS Says Deferred Action Is Lawful Presence
A 6/12/02 memo from Johnny Williams, Executive Associate Commissioner (INS) indicating that while an individual is in deferred action he or she does not accrue unlawful presence.
BIA Imputes Parent’s Lawful Residence to Minor to Establish Domicile
The BIA held that the period of an alien’s residence in the U.S. after admission as a nonimmigrant may be considered in calculating the 7 years of continuous residence required to establish eligibility for cancellation of removal under INA §240A(a)(2). (Matter of Blancas-Lara, 6/10/02)
BIA Says Misdemeanor Sexual Abuse of a Minor Is an Aggravated Felony
The BIA held that a misdemeanor offense of sexual abuse of a minor constitutes an aggravated felony under INA §101(a)(43). (Matter of Small, 6/4/02)
DOJ Publishes Correction to "Surrender" Rule
DOJ correction notice to a 5/9/02 proposed rule that would amend both INS and EOIR regulations by requiring aliens subject to a final order of removal to surrender themselves to the INS. The notice corrects an erroneous citation in the original document. (67 FR 38324, 6/3/02)
Emergency Motion to Enforce Memorandum and Order
Sample motion to compel the government to comply with a prior district court order by releasing Petitioner on the terms and conditions of bond set by the immigration judge. (June 2002) (Miscellaneous Motion)
BIA on Termination of Physical Presence for Cancellation
The BIA held that for purposes of cancellation of removal under INA §240A(b), continuous physical presence ends at the time an alien is compelled to depart the United States under threat of deportation or removal proceedings. (Matter of Romalez-Alcaide, 5/29/02)
INS Detention Facilities Home Pages Going Online
INS provides a list of Detention Facilities, as well as a link to home pages going online. Focus is on the San Juan District Office.