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
BIA Holds Minnesota Joyriding Statute Not an Aggravated Felony
Unpublished BIA decision holds that taking or driving a motor vehicle without the consent of the owner under Minn. Stat. 609.52, subd. 2(a)(17) is not an aggravated felony theft offense. Special thanks to IRAC. (Matter of B-A-D-, 12/6/18)
BIA Rescinds In Absentia Order Due to Tardy Filing of NTA
Unpublished BIA decision rescinds in absentia order because DHS did not file NTA prior to originally scheduled hearing and respondent thus had no obligation to inform court of change of address. Special thanks to IRAC. (Matter of Abarca, 12/6/18)
U.S. Senators Demand Information on Death of Transgender Woman in ICE Custody
On 12/5/18, Senators Tom Udall (D-NM), Martin Heinrich (D-NM), and Kamala Harris (D-CA) sent a letter to ICE Acting Director Ronald Vitiello and CBP Commissioner Kevin McAleenan demanding information on the death of Roxana Hernandez, a transgender woman who died while in ICE custody.
AILA, ASISTA, and ILRC Provide Annotated Notes and Practice Pointers on Updated NTA Policy Guidance
AILA, ASISTA, and ILRC have collaborated and issued joint annotated notes and practice pointers on the 11/8/18 announcement from USCIS expanding the Notices to Appear policy so that it affects survivors of violence and abuse.
Government Data Reveals the Inner Workings of the U.S. Immigration Detention System
The American Immigration Council released a report, “The Landscape of Immigration Detention in the United States,” revealing that detained individuals were commonly held in private facilities and located in remote areas, far away from basic community support structures and legal advocacy networks.
Former Chairman of the BIA Paul W. Schmidt’s Speech on Winning Asylum and Saving Lives in the Era of A-B-
In a blog post on 12/4/18 former BIA Chairman and retired immigration judge Paul W. Schmidt shares the speech he delivered at the New York City Bar on seven steps to success for winning asylum cases in the era of Matter of A-B-.
CA9 Finds Law Prohibiting Individuals from Encouraging Unauthorized Immigration Violates Constitutional Right to Free Speech
The court held that INA §274(a)(1)(A)(iv) violates the First Amendment, because it criminalizes a substantial amount of protected speech in relation to the narrow band of conduct and unprotected expression that the statute legitimately prohibits. (United States v. Sineneng-Smith, 12/4/18)
EOIR Announces All Offices Will Be Closed on December 5, 2018
EOIR announced on Twitter that immigration court hearings scheduled for December 5, 2018, will be rescheduled and new hearing notices will be sent to both parties.
District Court Complaint Alleging Unconstitutionality of Appointment of Acting AG
Petitioner in removal proceedings filed for declaratory and injunctive relief, alleging Acting AG Whitaker’s appointment violated Appointments Clause, AG Succession Statute, and FVRA; and that any EOIR/IJ actions under his delegated authority are ultra vires. (Rojo-Ramirez v. Trump, 12/4/18)
The Council and Other Immigrant Rights Organizations File Amicus Brief Arguing Acting AG Whitaker Lacks Authority to Decide Immigration Case
The American Immigration Council and advocates filed an amicus brief in Matter of Negusie that explains why President Donald Trump’s designation of Matthew G. Whitaker as acting attorney general is unlawful. Thus, Mr. Whitaker lacks the authority to decide a critical immigration case.
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-881
USCIS 60-day notice and request for comments on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. Comments are due 2/1/19. (83 FR 62338, 12/3/18)
Practice Pointer: Matter of S-O-G- and F-D-B-
On 9/18/18, the AG issued a self-certified decision, limiting the power of IJs to dismiss or terminate removal proceedings, absent very narrow circumstances. This practice pointer examines the decision’s major holdings, provides tips for affected cases, and highlights additional resources.
BIA Grants Change of Venue in Interlocutory Appeal
Unpublished BIA decision grants interlocutory appeal and orders change of venue from Atlanta to New York in light of location of respondent’s residence, witnesses, and attorney. Special thanks to IRAC. (Matter of S-G-P-M-, 12/3/18)
Leader Pelosi Issues Statement on Immigration Priorities for the 116th Congress
On 12/1/18, leader Nancy Pelosi (D-CA) released a statement on the House Democratic Majority’s commitment to protect Dreamers and TPS recipients, as well as holding the administration for their “zero tolerance policy” which resulted in the separation of parents and children, in the 116th Congress.
AILA and the Council Submit Amicus Brief Challenging BIA Decision on Motions to Reopen
AILA and the American Immigration Council submitted an amicus brief in the Ninth Circuit’s Amaya v. Whitaker, challenging the BIA decision that the reinstatement statute bars all motions to reopen.
U.S. Representatives Send Letter to President Trump on “Remain in Mexico” Policy
On 11/30/18, Representatives Meng (D-NY), Price (D-NC), and Castro (D-TX) sent a letter to President Trump urging him to stop negotiations with incoming President of Mexico Andres Manuel Lopez Obrador on the “remain in Mexico” plan for asylum seekers.
Practice Pointer: Admissibility and the Changing Landscape of Legal Marijuana
AILA’s CBP Liaison Committee discuss how recent shifts in the legal landscape of marijuana use and cultivation in the United States and Canada may impact an individual’s admissibility to the United States.
CA4 Grants Review and Remands, Holds BIA Erred in Finding Asylum, W/H Applicant Failed to Establish Past Persecution Despite Numerous Death Threats
The court held death threats, alone, established past persecution and BIA abused its discretion by requiring additional proof of long-term physical/mental harm; remanded to determine if applicant has well-founded fear for future persecution. (Tairou v. Whitaker, 11/30/18)
CHC Urges Leader Pelosi to Protect Dreamers and TPS Recipients Within First 100 Days of the 116th Congress
On 11/29/18, members of the Congressional Hispanic Caucus (CHC) urged Leader Pelosi (D-CA) to bring legislation that would provide a pathway to citizenship for Dreamers and individuals with Temporary Protected Status (TPS) to a vote within the first 100 days of the 116th Congress.
TRAC Report: Asylum Decisions and Denials Jump in 2018
TRAC found the FY2018 broke records for the number of decisions (42,224) by immigration judges granting or denying asylum. Denials grew faster than grants, pushing denial rates up as well.
BIA Holds Illinois Aggravated Sexual Abuse Not an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding aggravated criminal sexual abuse under 720 Ill. Comp. Stat. Ann. 5/12-16(d) not sexual abuse of a minor under Esquivel-Quintana v. Sessions. Special thanks to IRAC. (Matter of Dave, 11/29/18)
AILA Calls on Leader Nancy Pelosi to Protect Dreamers and TPS Recipients within First 100 Days of the 116th Congress
On 11/27/18, AILA sent a letter to Leader Nancy Pelosi (D-CA) on the need to pass legislation to protect Dreamers and recipients of TPS within the first 100 days of the 116th Congress. AILA also urged opposing funds to build a border wall, increase detention beds and additional CBP agents.
NY Reverses, Holds Noncitizen Defendants Charged with Crimes Carrying Penalty of Deportation Are Entitled to Sixth Amendment Jury Trial
In NYC, crimes with six-month or less prison term are “petty” and, thus, subject to expedited bench trials; the court held other penalties—even if technically civil but tied to crimes, like deportation—could render the crime “serious,” and entitled to jury trial. (People v. Suazo, 11/27/18)
DHHS Office of Inspector General Issues Report on Staffing Background Checks at Tornillo Influx Care Facility
The Department of Health and Human Services issued a memo stating that the Tornillo Influx Care Facility, which houses unaccompanied children, is not conducting required FBI fingerprint background checks for staff and does not employ sufficient staff clinicians to provide mental health care.
AILA Policy Brief: Expanded NTA Guidance Will Have Devastating Effects on Survivors of Domestic Abuse, Trafficking, and Other Serious Crimes
AILA issued this policy brief that describes the effects that the November 19, 2018, implementation of the June 2018 NTA memorandum will have on survivors of domestic abuse, trafficking, and other serious crimes.