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
An Attorney’s Ethical and Legal Obligations to Pereira-Affected Clients
Identify the ethical obligations counsel must consider when advising clients in relation to Pereira. By following ethical parameters, attorneys and clients can properly arrive at the best strategic decision for that client’s case and take the action that the informed client decides is best.
HHS Notice of Intent to Fund 3,800 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide up to $367,860,381 of funding for 3,800 beds to keep unaccompanied children in custody. (83 FR 47176, 9/18/18)
BIA Holds Colorado Theft Statute Not an Aggravated Felony
Unpublished BIA decision holds that theft under Colo. Rev. Stat. 18-4-401(1) is not an aggravated felony because it applies to the acquisition of property with consent that was obtained through deception. Special thanks to IRAC. (Matter of Garay-Gomez, 9/18/18)
AILA and Council Issue Statement to Senate HSGAC Committee on Flores Settlement Agreement
AILA and American Immigration Council statement submitted to the Senate Committee on Homeland Security and Governmental Affairs (HSGAC) addressing recently proposed regulations that would undermine the 1997 Flores Settlement Agreement.
Sign-On Letter Opposing Legislation That Would Expand Family Detention
On 9/14/18, AILA joined national and state/local organizations to urge the Senate Homeland Security and Governmental Affairs Committee to reject any legislation that would expand the scale and length of immigrant family detention.
CA5 Upholds BIA Denial of MTR for Original Removal Now Amenable to Cancellation, Based on §241(a)(5)
The court held that although petitioner’s original removal grounds no longer trigger removability, and he could have challenged it from abroad, his unlawful reentry and its consequent application of §241(a)(5) deprive BIA authority to reopen. (Rodriguez-Saragosa v. Sessions, 9/14/18)
CA9 Grants in Part, Remanding Reasonable Fear Review MTR for Sua Sponte Consideration; Denies in Part, Affirming IJ/AO Negative Reasonable Fear Determ
The court held substantial evidence did not compel a conclusion that IJ erred by not specifically addressing all evidence in reasonable fear review, which are statutorily abbreviated, yet IJ abused his discretion by denying jurisdiction to reopen proceedings. (Bartolome v. Sessions, 9/14/18)
BIA Finds Texas Unlawful Restraint Not a CIMT
Unpublished BIA decision holds that attempted unlawful restraint under Tex. Penal Code § 20.02(c)(1) not a CIMT because persons could be convicted for seeking to assume lawful control of their own child with the acquiescence of the victim. Special thanks to IRAC. (Matter of S-K-, 9/14/18)
Congressional Letter Requesting Information Regarding Initiative to Recalendar Administratively Closed Cases
A 9/13/18 letter from Senator Cortez Masto and others expressing concerns about ICE plans to recalendar potentially hundreds of thousands of administratively closed cases following the Attorney General’s decision in Matter of Castro-Tum, and requesting information on the initiative.
BIA Finds Non-Aggravated Felony Drug Offense Not a Presumptive Particularly Serious Crime
Unpublished BIA decision holds that possession with intent to distribute marijuana under Md. Code Ann., Crim. Law 5-602 is not a presumptive particularly serious crime because it is not an aggravated felony. Special thanks to IRAC. (Matter of J-F-B-, 9/13/18)
ABA Issues Statement Regarding Immigration Lawyers and Judges
In response to a speech by Attorney General Sessions, ABA President Bob Carlson issued a statement in support of immigration lawyers and judges, stating that the ABA strongly supports the independence of immigration judges and immigration courts and applauds the work of immigration lawyers.
BIA Dismisses Respondent’s Appeal and Defines “Obstruction of Justice”
The BIA found that the respondent’s conviction for accessory to a felony is categorically an aggravated felony offense relating to obstruction of justice that renders him removable under INA §237(a)(2)(A)(iii). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018)
AILA Quicktake #250: Proposed Changes to Flores Settlement Agreement
AILA's Associate Director of Government Relations Kate Voigt discusses the proposed changes to the Flores Settlement Agreement and their possible impact on the detention of immigrant children.
CA9 Reverses BIA Controlled Substance Removability Determination, Holds Nevada Conspiracy and Drug Statutes Overbroad and Indivisible
The court held conspiracy statute lacks “overt act,” does not categorically match generic definition, and is indivisible per CA9 precedent; drug statute overbroad and indivisible—CA9 found alternatives of violation are means, not elements. (Villavicencio v. Sessions, 9/11/18)
DOJ Issues Policy Memorandum Amending Directive on Use and Monitoring of DOJ Computers and Computer Systems
DOJ issued Policy memorandum #2018-02, which cancels certain sections of the 11/30/10 DOJ Order 2740.1A, Use and Monitoring of DOJ Computers and Computer Systems, and substitutes them with new language that is now the mandated policy under DOJ Order 2740.1A.
BIA Equitably Tolls MTR Deadline Due to Intervening Circuit Precedent
Unpublished BIA decision finds respondent exercised diligence in seeking reopening where motion to reopen was filed one month after he learned of intervening circuit court decision that was nine months before. Special thanks to IRAC. (Matter of Gonzalez Hernandez, 9/11/18)
Attorney General Delivers Remarks to New Class of Immigration Judges
Attorney General Jeff Sessions delivered remarks to an incoming class of 44 immigration judges in Falls Church, Virginia. In his remarks he accused “good lawyers” of using their talents and skills “to get around the plain words of the INA,” and spoke about asylum, the border, and other topics.
AG Sessions’ Remarks Emphasize Need for Independent Immigration Courts
AILA responds to remarks delivered by Attorney General Jeff Sessions to a group of 44 new immigration judges.
DHS/HHS Notice of Proposed Rulemaking on Flores Settlement Agreement
DHS/HHS notice of proposed rulemaking to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles and would terminate the Flores Settlement Agreement. Comments are due by 11/6/18. (83 FR 45486, 9/7/18)
AILA, Others File Amicus Brief Arguing Term “Crime Involving Moral Turpitude” Unconstitutionally Vague
AILA, along with several other organizations, filed an amicus brief with the Ninth Circuit Court of Appeals in Martinez-De Ryan v. Sessions arguing that the term “crime involving moral turpitude” is unconstitutionally vague.
The Council Provides Practice Advisory on Motions for a Continuance
The American Immigration Council provided a practice advisory with an overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances, as well as strategies in light of Matter of L-A-B-R-.
CA3 Denies Petition, Holds §237(a)(1)(H) Fraud Waiver Does Not Reach §237(a)(2) CIMT Conviction for Making False Statements
The court held §237(a)(1)(H)’s text and structure limit its application to only §237(a)(1) grounds of inadmissibility, like fraud and other grounds resulting from that underlying fraud; cannot reach deportability grounds like a §237(a)(2) CIMT. (Tima v. Att’y Gen., 9/6/18)
CA1 Dismisses, Finds Petitioner Failed to Present Any Colorable §240A or Due Process Arguments to Trigger Jurisdiction
The court held IJ’s assessment on qualifying relative’s health was fact-finding, not legal question to trigger jurisdiction. CA1 also found discretionary relief not protected by due process; thus, no jurisdiction to review use of police report in §240A decision. (Rivera v. Sessions, 9/6/18)
Trump Administration Lines Up End Run Around Protections for Detained Children
The Trump administration announced plans to release proposed changes to regulations that are intended to terminate the Flores Settlement Agreement, a decades-old court settlement put in place to ensure the safety and proper care of children in immigration detention.
EOIR Issues Analysis of Its Legal Orientation Program
EOIR conducted an analysis comparing multiple key performance metrics between respondents who participated in its general Legal Orientation Program (LOP) and those who did not. The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.