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
Prosecutorial Discretion Memo from General Counsel
An INS memo states that prosecutorial discretion applies to enforcement, not benefit, decisions, and that a decision not to bring removal 'perpetuates a continuing violation of the immigration laws.' Courtesy of Stephen Yale-Loehr.
INS Proposed Regulation on Indefinite Detention
INS proposed rule for review process governing detention of persons ordered removed but whose removal has not been effected within 90 days. Comments are due by 7/31/00. (65 FR 40540, 6/30/00)
EOIR Comments on Attorney Conduct Rules
EOIR news release and fact sheet concerning the Professional Conduct Rules and Procedures for Immigration Practitioners final rule issued on June 27, 2000. The rule does not apply to government attorneys.
BIA Finds Liberal Muslim Woman Eligible for Asylum
The BIA held that a woman with liberal Muslim beliefs had suffered past persecution and has a well-founded fear of future persecution at the hands of her father who holds orthodox Muslim views concerning the role of women in Moroccan society. (Matter of S-A-, 6/27/00)
EOIR Final Rule on Attorney Discipline Rules
EOIR final rule that also addresses practice before the INS, provides for investigation of complaints and sanctions against attorneys, and makes the BIA the reviewing body for decisions relating to infractions before the EOIR. The rule does not extend to government attorneys. (65 FR 39513, 6/27/00)
Text of Roy Berg's June 26 Speech to Immigration Judges
Speech of Royal F. Berg, outgoing chair of the AILA-EOIR Liaison Committee, to the immigration judges at their annual conference, June 26, 2000, in Las Vegas.
BIA Says Texas Burglary of a Vehicle Is Not an Aggravated Felony
The BIA held that burglary of a vehicle in violation of §30.04(a) of the Texas Penal Code is not an aggravated felony “burglary offense” under INA §101(a)(43)(G). (Matter of Perez, 6/6/00)
INS Enforcement Liaison Minutes (6/2/00)
Topics covered in a liaison meeting between AILA and INS Enforcement included prosecutorial discretion, problems with district offices ignoring G-28s, ASC processing for expiring green cards, and NAFTA adjudication issues.
INS Letter Concerning the Removal or Criminal Aliens
A letter from the Atlanta INS District Office instructing prosecutors on how to obtain removals and deportations.
BIA on Waiver of Appeal by Pro Se Alien
The BIA held that a pro se alien who accepts an IJ’s decision as “final” does not effectively waive the right to appeal where the judge failed to make clear that such acceptance constitutes an irrevocable waiver of appeal rights. (Matter of Rodriguez-Diaz, 5/18/00)
BIA Says CAT Requires Government Acquiescence
The BIA held that under Article 3 of the CAT, an applicant for protection must establish that the torture feared would be inflicted by or with the acquiescence of a public official or other person acting in an official capacity. (Matter of S-V-, 5/9/00)
INS General Counsel on ABC Reinstatements of Orders
A 4/27/00 memo from Bo Cooper, General Counsel (INS) stating that asylum officers have been ordered to suspend interviews in ABC or NACARA cases where they find an issue of reinstatement of a previous removal order under 245(a)(5), pending review by General Counsel.
Amicus Briefs in Cases Involving Stop Time Rule
AILF has filed amicus briefs in two cases pending before the Ninth Circuit on the 'stop time' rule issue including whether someone can accrue the requisite period of continuous physical presence AFTER service of the OSC/NTA.
INS Memo on Detention and Release During the Removal Period of Individuals Granted Withholding or Deferral of Removal
INS General Counsel Bo Cooper issued a memo addressing the authority of INS under certain circumstances to release an individual who has a final order of removal, and how has also been granted withholding or deferral of removal, before the 90-day removal period has expired.
INS Press Release on Enforcement Activity
An INS press release discusses the Service's enforcement activities and acknowledges that IIRAIRA, 'in some respects...went too far.'
INS Field Guidance on Prosecutorial Discretion
INS statement in support of ameliorative legislation for the harsh effect of the 1996 law. INS is issuing field guidance on prosecutorial discretion and the effects of voting before naturalization.
EOIR Final Rule Expanded BIA to 21 Members
A final regulation from EOIR adds a second Vice Chair position and two new member positions to the BIA, thereby expanding the Board to 21 permanent members. (65 FR 20069, 4/14/00)
Florida Supreme Court Allows Plea Challenges
Applying a two-year limitation on claims that defendants were not advised of the immigration consequences of their pleas, the Florida Supreme Court holds that those who discovered the threat of deportation prior to this decision have two years to file. (Peart v. Florida, 4/13/00)
INS Instructions on HRIFA/NACARA-Eligible Persons
A 3/31/00 memo from Michael Pearson, Executive Associate Commissioner (INS) stating that in view of pending legislation that could extend NACARA and HRIFA filing deadlines, INS will "hold off" removal for those who could have been eligible had they filed on time.
BIA on Pre-Hearing Voluntary Departure
The BIA held that voluntary departure may not be granted prior to the completion of removal proceedings without an express waiver of the right to appeal by the alien or the alien’s representative. (Matter of Ocampo-Ugalde, 3/24/00)
BIA Finds Firearm Offense Does Not Cut Off Continuous Residence for Cancellation
The BIA held that a firearms offense that renders an alien removable under INA §237(a)(2)(C) is not one “referred to in §212(a)(2)” and thus does not stop the accrual of continuous residence or physical presence for purposes of cancellation of removal. (Matter of Campos-Torres, 3/21/00)
INS Interpretation of Detention & Release Provisions
INS General Counsel addresses the circumstances under which non-criminal, criminal and 'terrorist' aliens subject to final removal orders should be detained. The impact of delay of removal periods is among the topics discussed.
EOIR/AILA Liaison Minutes (3/30/00)
Minutes from the AILA/EOIR Liaison Meeting on 3/30/00. Topics include difference between "in re" and "matter of", repapering initiatives, temporary Board members, update on the appeal streaming regulations, instructions on updating attorney address or withdrawing representation, and oral arguments.
BIA Upholds Decision to Detain Respondent Post-Order
The BIA upheld the district director’s determination to continue post-deportation order detention, after holding that it had jurisdiction over the respondent’s appeal, and that the respondent was eligible for release under INA §241(a)(6). (Matter of Saelee, 2/25/00)
BIA Says Service of OSC Stops Physical Presence
The BIA held that an alien may not accrue continuous physical presence for suspension of deportation after service of the order to show cause and notice of hearing. (Matter of Mendoza-Sandino, 2/23/00)