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
AG on Retroactivity of AEDPA §440(d)
The AG held that the bar to 212(c) relief applies to all applications pending on 4/24/96 but that aliens who conceded deportability in reliance on the availability of 212(c) relief before 4/24/96 may seek to reopen proceedings.(Matter of Soriano, 6/27/96; AG 3/21/97).
Memo on Instruction for Suspension Seekers
A 3/13/97 memo from INS Acting Associate Commissioner, J. Scott Blackman regarding the new provisions for removal proceedings under IIRAIRA.
INS Interim Rule on Expedited Removal
INS interim rule implementing provisions of IIRIRA governing expedited and regular removal proceedings, handling of asylum claims, and other activities involving the apprehension, detention, hearing of claims, and ultimately the removal of inadmissible and deportable aliens. (62 FR 10311, 3/6/97)
BIA on IIRIRA §309(c)(5) Transition Rule
Over dissent, the BIA held that where the respondent was served with an OSC before date of IIRIRA’s enactment, service of the OSC terminated continuous physical presence rendering her ineligible for suspension under the transition rule. (Matter of N-J-B, 2/20/97; vacated by AG 7/10/97).
BIA Says 212(c) Is Available to Those in Exclusion Proceedings
In an unpublished decision, the BIA held that under the plain language of AEDPA, applicants in exclusion proceedings can apply for relief from deportation under former INA section 212(c). (Matter of Oba, 2/7/97)
EOIR Memo on Whether Mandatory Detention Apply to Aggravated Felon
Memorandum from EOIR on whether the mandatory detention provisions of IIRAIRA's Transition Period Custody Rules (TPCR) apply to MM, an alien now defined as an aggravated felon due to a sole 1985 conviction for alien smuggling.
INS Proposed Rule on Expedited Removal
INS rule proposes to amend INS and EOIR regulations governing the conduct of both expedited and regular removal proceedings, and handling of asylum claims. Comments due by 2/3/97. (62 FR 444, 1/3/97)
IIRAIRA Sentencing Guidlines
This amendment implements section 203 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Section 203 directs the Commission to amend the guidelines for offenses related to smuggling, transporting, or harboring illegal aliens. (62 FR 152, 1/2/97)
EOIR Memo on Notices of Immigration Judge Hearings
EOIR interim operating policy and procedure memorandum 97-2 on procedures for mailing notices of Immigration Judge hearings for in-person hearings, as well as no-detained and detained cases. Also includes procedures for rescheduled or continued hearings.
EOIR Memo on Procedures for Credible Fear and Claimed Status Review
EOIR interim operating policy and procedure memorandum 97-3 on procedures for credible fear and claimed status reviews.
EOIR Memo on Facsimile Machine Policy
EOIR memorandum 97-5 from Michael Creppy on facsimile machine usage, stating that unless expressly stated in an Operating Policy and Procedure Memorandum, no case-related legal documents may be filed or received in the Immigration Court through fax transmission, except for DOS opinions.
EOIR Memo with Procedures for Identifying Potential Battered Spouse/Battered Child Cases
EOIR memorandum 97-7 includes procedures for identifying potential battered spouse and children cases and is designed to prevent violations of both the statutory provision and the regulations by establishing procedures for identifying and processing these types of cases.
EOIR Memo on Naturalization Oath Ceremonies
EOIR memorandum 97-8 on naturalization oath ceremonies, as immigration judges are among the officials authorized to administer the naturalization oath to new citizens in administrative naturalization ceremonies.
EOIR Memo on Determination and Verification Requests for Battered Spouses and Children
EOIR memorandum 97-9 on requests from battered spouses and children, including verification of approved applications for suspension of deportation under section 244(a)(3) and motions for prima facie determination granting an application for suspension of deportation or cancellation of removal.
BIA on Post-AEDPA Aggravated Felony as a Particularly Serious Crime
In evaluating an aggravated felony, the standard is whether there is any unusual aspect of the conviction that convincingly evidences that the crime cannot rationally be deemed "particularly serious" in light of Protocol obligations. (Matter of Q-T-M-T-, 12/23/96).
Removal under IIRAIRA
Q&As prepared by AILA regarding removal provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
Summary Exclusion Under IIRAIRA
Q&As prepared by AILA regarding the summary exclusion and expedited removal provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
BIA Dismisses Appeal of 212(h) Waiver in Light of IIRIRA
The BIA dismissed the appeal, noting that the respondent was clearly ineligible for a waiver under INA §212(h) as amended by IIRIRA, which was effective as of 9/30/96 and applies to aliens who were in proceedings as of that date. (Matter of Yeung, 11/27/96)
EOIR Final Rule on Expansion of BIA
EOIR final rule expanding the BIA to 15 permanent members, including 14 Board members and a Chairman. Final rule effective 11/22/96. (61 FR 54305, 11/22/96)
Supreme Court Supports INS Discretion for Waivers
The Court discusses INS’ discretion in granting waivers under section 1251(a)(1)(H) involving acts of fraud, further defining the role of settled INS policy on discretionary waiver determinations. (INS v. Yang. 11/13/96)
AILA Amici Curiae on INA 212(c)
AILA amici curiae to the Attorney General on the effects to INA 212(c) of Section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996.
AILA Amicus Brief on Transitional Custody Rules
AILA amicus brief to BIA regarding the effect of Section 303(b)(3) of IIRIRA on custody determination.
AILA Addresses IIRIRA Transitional Rules for Suspension of Deportation
AILA letter to INS General Counsel on the interpretation of the transitional rules for suspension of deportation under IIRIRA §309(c)(5), pertaining to the effective date of the continuous physical presence requirement in relation to the issuance of notices to appear.
DOS Cable with Overview of H.R. 2202
A 10/9/96 DOS cable on the new immigration legislation, H.R. 2202. Although this cable lists many of the consular related issues, additional information and guidance will follow as needed.
INS Commissioner Invokes Custody Rule
A 10/9/96 letter from INS Commissioner Doris Meissner, pursuant to authority delegated to her by the Attorney General, notifying Congress that there is insufficient detention space and personnel for detention purposes and invoking the “Transition Period Custody Rule.”