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 Released Statistics on Asylum Grant Rates by Court for FY2018
EOIR has released statistics on asylum grant rates by court for FY2018.
EOIR Releases Median Completion Times for Detained Cases
EOIR released the median completion time for detained cases for FY2008 through FY2018, broken down by non-review cases (removal, deportation, exclusion, asylum-only, and withholding-only cases) and review cases (credible fear review, reasonable fear review, and claimed status review).
EOIR Released Median Pending Times for Detained Cases
EOIR released the median pending times for detained cases (broken down by review cases and non-review cases) for FY2008 through FY2018.
EOIR Released Percentage of DHS-Detained Cases Completed Within Six Months for FY2018
EOIR released the median pending times for detained cases (broken down by review cases and non-review cases) for FY2008 through FY2018.
EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders
EOIR released statistics on orders issued in absentia in removal, deportation, and exclusion cases in which the individual filed an asylum application for FY2008 through FY2018.
EOIR Released Statistics on UAC In Absentia Removal Orders
EOIR released statistics on in absentia removal orders in cases involving unaccompanied children for FY2008 through FY2018.
EOIR Released Median Pending Time and Median Completion Time for UAC Cases
EOIR released the median pending time and median completion time for unaccompanied children cases for FY2018.
EOIR Released Statistics on Current UAC Cases Pending More Than Three Years
EOIR released statistics on unaccompanied children cases pending more than three years for FY2018.
USCIS Performance Data on DACA Applications Through September 2018
USCIS provides statistics on I-821D DACA applications, broken down by intake, case status, and whether the application was an initial or renewal application for FY2012 through FY2018. The FY2018 data is broken down by quarter.
DHS OIG: Results of Unannounced Inspections of Conditions for Unaccompanied Children in CBP Custody
DHS OIG issued a report based on visits between June 26, and 28, 2018, by an OIG team to nine CBP facilities in McAllen and El Paso, Texas, including five Border Patrol stations and four OFO ports of entry. DHS OIG found that children were held longer than the 72 hours generally permitted by law.
EOIR Announces Investiture of 46 Immigration Judges
EOIR announced the investiture of 46 immigration judges, including two assistant child immigration judges. In 2017, Attorney General Sessions announced a “streamlined hiring plan”, resulting in a reduction of 74 percent in the time it takes to onboard immigration judges since then.
BIA Dismisses Appeal of Bond Decision Absent Evidence to Support Respondent’s Position
Unpublished BIA decision dismisses respondent’s appeal of IJ’s bond decision, finding respondent did not present arguments or evidence to support his position that the bond amount was set too high. (Matter of M-S-, 9/28/18)
DHS OIG: Initial Observations Regarding Family Separation Issues Under the Zero Tolerance Policy
DHS OIG issued a report with its observations in the field and its analysis of family separation data based on visits between June 26, and 28, 2018, by an OIG team to nine CBP facilities in McAllen and El Paso, Texas, including five Border Patrol stations and four OFO ports of entry.
DHS OIG Report on Issues Requiring Action at the Adelanto ICE Processing Center
DHS OIG issued a report after an unannounced visit to the Adelanto ICE Processing Center and identified serious violations including improper and overly restrictive segregation and untimely and inadequate detainee medical care.
Democratic Senators Demand DHS and HHS to Rescind the Proposed Rule on Flores Settlement Agreement
On 9/26/18, twenty-nine Democratic senators urged DHS and HHS to rescind their 9/7/18 proposed regulation that would allow the indefinite detention of children in ICE facilities and avoid complying with the government’s legal obligations under the 1997 Flores Settlement.
Congress Urges DHS Inspector General to Investigate Allegations of Coercion and Abuse Against Separated Immigrant Parents
On 9/26/18, members of the House and Senate sent a letter to the Department of Homeland Security’s Acting Inspector General, urging for an investigation of allegations of coercion and abuse by DHS officers against immigrant parents separated from their children at the border.
CA3 Holds Noncitizen with Reinstated Removal Order Pursuing Withholding-Only Is Subject to Detention Under §241(a), Which CA3 Finds Has Implicit Bond
The court, following CA9, found petitioner was detained pursuant to §241(a) because his reinstated order of removal was administratively final despite his open withholding-only request. (Guerrero-Sanchez v. Osterlind, 9/26/18)
BIA Holds Respondent Not Subject to Mandatory Detention for Marijuana Conviction
Unpublished BIA decision holds that respondent was not subject to mandatory detention based on marijuana conviction that would qualify for personal use exception because he was charged under section 237. Special thanks to IRAC. (Matter of Parra, 9/26/18)
CA11 Splits with CA9, Holds Cancellation Stop-Time Rule Applicable to LPR Not Seeking Admission for Purposes of §212(a)(2) Inadmissibility
The court held that the plain language of §240A does not mandate that LPR actively seek admission to be “rendered…inadmissible”; rather, conviction caused LPR to assume latent status of being inadmissible, thus tolling continuous residence. (Barton v. Att’y Gen., 9/25/18)
AILA and the Council File Amicus Brief on Bond Eligibility in Withholding-Only Proceedings
AILA and the American Immigration Council filed an amicus brief with the Fourth Circuit Court of Appeals in Guzman Chavez v. Hott. The brief argues that respondents in withholding-only proceedings are governed by INA §236(a), and thus eligible for a bond hearing.
CA9 Denies in Part, Upholds BIA Finding of Controlled Substance Removability Under MCA; Grants in Part, Remands for Consideration of Cancellation
The court held Travel Act divisible with respect to “unlawful activity”—deemed an element (not a means) and matched federal drug statute; remanded for cancellation eligibility—NTA unclear and BIA denial of seven years’ presence not backed by substantial evidence. (Myers v. Sessions, 9/25/18)
TRAC Issues Report on Over Two Million ICE Arrests
TRAC issued a report with the latest available data on over two million ICE arrests from October 2008 through June 2018. Since 2016, 25% of ICE apprehensions were individuals arrested at their home, place of work, or elsewhere in the wider community and the remaining 75% were "custodial" arrests.
CA9 Upholds BIA Controlled Substance Removability Finding and Remands to Determine Continuous Presence for Cancellation Claim
The court found that the BIA correctly determined that the Travel Act is divisible and that petitioner was removable based on his conviction for a controlled substance offense and remanded for consideration of the claim for cancellation of removal. (Myers v. Sessions, 9/25/18)
AILA Insight: Forget Me Not: EOIR’s Registration Requirement for U.S.-Originating Photo ID
AILA member Nathan Chan discusses the negative impact of EOIR’s registration requirement on certain U.S. licensed attorneys.
CBP Statement on Canada’s Legalization of Marijuana and Crossing the Border
CBP released a statement on Canada’s legalization of marijuana, stating that “working in or facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect admissibility to the U.S.” Note: On 10/9/18 CBP issued an updated statement.