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 Notice with NACARA MTR Correction
Executive Office for Immigration Review (EOIR) notice correcting minor typo in 6/11/98 Federal Register notice on NACARA motions to reopen. (63 FR 36992, 7/8/98)
CA3 Vacates Marriage Fraud Conviction
The court held that the testimonial evidence of Appellant and her spouse would not have been inevitably discovered by routine INS procedures and ordered the district court to vacate Appellant's conviction for marriage fraud under INA 275(c). (U.S. v. Vasquez de Reyes, 7/8/98)
EOIR Memo with Guidelines for Recording Immigration Hearings
EOIR memorandum 98-2, dated 7/7/98, provides guidelines for recording immigration hearings, including information on the quality of the taped records, issues with tape-recording equipment, transcribing errors, and approved machines. This memo was supplemented by OPPM 03-06, issued 10/10/03.
CA9 Reverses Earlier Decision on Imputed Political Opinion
On rehearing, the court found that record compels the conclusion that the petitioner's undisputed fear of future persecution by Sendero Luminoso was on account of political opinion imputed to him by the guerillas. (Vera-Valera v. INS, 7/7/98)
CA9 Vacates Criminal Sentence for Illegal Reentry
The court vacated the plaintiff's 30-month sentence for illegal reentry after deportation for an aggravated felony in violation of 8 USC §1326(a) & (b)(2) and remanded for resentencing. (U.S. v. Moreno-Perez, 7/7/98)
BIA Reopens In Absentia Removal Order
The BIA held that the respondent's 1997 motion to reopen his 1987 in absentia deportation order was not time barred since he received no notice of the deportation hearing. (Matter of Mancera-Monroy, 7/1/98)
EOIR Technical Corrections to NACARA Rule
Executive Office for Immigration Review technical corrections regarding the Motion To Reopen, Suspension of Deportation and Cancellation of Removal interim rule posted 6/11/98. Effective 6/29/98. (63 FR 35117, 6/29/98)
EOIR OPPM 98-3 on Motions to Reopen Under NACARA
EOIR issues OPPM 98-3, Regulations Implementing Motions to Reopen for Suspension of Deportation/Cancellation of Removal under NACARA and other NACARA cases, which replaces the June 10, 1998, memo on the same topic.
CA9 Attributes Parents' Firm Resettlement Onto Child
The court held that Petitioner's parents were firmly resettled in France prior to entering the United States in 1991 and attributed the parents' firm resettlement onto Petitioner who lived in France as a child until he was 16. (Vang v. INS, 6/24/98)
CA9 Rejects Deriviative Citizenship Defense to Illegal Reentry Charge
The court rejected plaintiff's claim of derivative citizenship and affirmed his conviction for illegal reentry after deportation subsequent to a felony conviction in violation of 8 USC 1326(b)(1). (U.S. v. Viramontes-Alvarado, 6/24/98)
No District Court Jurisdiction for VD Extension
District Court finds it does not have jurisdiction over a request for an extension of voluntary departure. (Tutu v. Blackman, 6/18/98)
CA9 Reverses IJ Denial of MTR In Absentia Order
The court remanded where petitioner arrived within the judge's "15-minute grace period" but remained outside the court room until her attorney arrived more than an hour late and the IJ had not finished his morning calendar. (Vindell-Reyes v. INS, 6/17/98)
BIA Rejects Headache as Excuse for Failure to Appear
The BIA held that the alien failed to establish that a serious headache he suffered on his hearing date amounted to exceptional circumstances to excuse his failure to appear where he failed to explain why he did not contact the court or offer supporting evidence. (Matter of J-P-, 6/12/98)
EOIR Final Rule on BIA En Banc Decisions
EOIR final rule amends 8 CFR part 3 en banc decision procedures by streamlining the Board's process to permit a majority of permanent Board Members or the Chairman to designate en banc cases to be heard by nine-member, limited en banc panels. Rule effective 6/11/98. (63 FR 31889, 6/11/98)
EOIR Proposed Rule on Asylum Regulations
EOIR proposed rule on asylum and withholding of removal regulations where an applicant has established past persecution or where the applicant may be able to avoid persecution in his or her home country by relocating to another area of that country. Comments due 7/13/98. (63 FR 31945, 6/11/98)
EOIR Interim Rule on NACARA Motion to Reopen
EOIR interim rule and request for comments on special procedures for filing and adjudication of motions to reopen to apply for suspension of deportation and cancellation of removal under NACARA. Interim rule effective 6/11/98 and comments accepted until 7/13/98. (63 FR 31890, 6/11/98)
Court Says Jury Properly Rejected Plaintiff's USC Claim
Finding no error in the jury instructions, the court held that the jury properly rejected a claim of U.S. citizenship by the plaintiff, an alleged alien who was charged with illegally re-entering the U.S. (U.S. v. Marin-Cuevas, 6/8/98)
AILA Press Release on IIRAIRA Reform
AILA press release on IIRAIRA reform and potential changes to expedited removal, judicial review, bars to admissibility, aggravated felonies, 212(c) relief, and suspension of deportation.
CA5 Upholds Denial of Motion to Suppress
Motion to suppress evidence from a Border Patrol stop denied where the totality of the circumstances was sufficient to justify the stop in this case. (United States v. Nichols, 5/29/98)
U.S. Sentencing Commission with Sentencing Guidelines for U.S. Courts
U.S. Sentencing Commission proposed amendment for comment with sentencing guidelines, including a diminished capacity departure if there is sufficient evidence that the defendant committed the offense while suffering from a significantly reduced mental capacity. (63 FR 28201, 5/21/98)
BIA Rejects Foot Injury as Excuse for Failure to Appear
The BIA held that the alien failed to show that a foot injury he suffered the day before his hearing amounted to exceptional circumstances to excuse his failure to appear where he failed to explain why he did not contact the court or provide supporting evidence. (Matter of B-A-S-, 5/20/98)
BIA Finds "Illegible Hearing Date" Insufficient to Excuse Failure to Appear
The BIA held that an alien who claimed that his failure to appear resulted from an "illegible hearing date" on the OSC and hearing notice failed to establish that he received inadequate notice or that his absence was due to exceptional circumstances. (Matter of S-M-, 5/20/98)
DOJ Final Rule on Criminal Detention under IIRAIRA
DOJ final rule amending the regulations of the INS and the EOIR to establish a regulatory framework for the detention of criminal aliens pursuant to the Transition Period Custody Rules set forth in IIRIRA. Effective 6/18/98. (63 FR 27441, 5/19/98)
CA9 Upholds Summary Judgment in Class Action Challenge to 274C Rules
In a class action case, the court upheld the district court's grant of summary judgment and found that the procedures used to obtain final orders under the document fraud provisions of INA 274C violated the rights of the class to procedural due process. (Walters v. INS, 5/18/98)
INS on NACARA Dependents
A 5/15/08 memo from Paul W. Virtue, General Counsel (INS) discussing NACARA dependents who may be eligible to apply for benefits following a grant of suspension of deportation or cancellation of removal to a qualified spouse or parent (NACARA principal).