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 California Arson of Property Not a CIMT
Unpublished BIA decision holds that arson of property under Cal. Penal Code section 451(d) is not a CIMT because it is a general intent crime that does not require an intent to cause injury or damage. Special thanks to IRAC. (Matter of J-A-M-B-, 7/12/18)
New York City Bar Issues Recommendations Regarding ICE Enforcement in New York State Courthouses
The New York City Bar issued a report with recommendations on the increasing number of ICE civil arrests being conducted in and around New York State courthouses, stating that if continued, “this practice poses a threat to the New York State court system’s ability to ensure access to justice....”
EOIR Provides Media Talking Points and Media Inquiry Procedures and Sample Responses
On 7/11/18, in response to a FOIA request made by Beryl Lipton at MuckRock, EOIR provided records related to media talking points, new employee orientations, and handling media requests to observe immigration court hearings.
USCIS Provides Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-
USCIS provided a policy memorandum with guidance to USCIS officers for determining whether a petitioner is eligible for asylum or refugee status in light of the Attorney General’s decision in Matter of A-B-.
EOIR Releases Internal Guidance on Pereira v. Sessions
Obtained via FOIA by Hoppock Law Firm, EOIR released internal Pereira v. Sessions implementation guidance sent on 7/11/18 from Principal Deputy Chief Immigration Judge, Christopher A. Santoro, to all immigration courts. Special thanks to Matthew Hoppock.
AILA Provides Summary of Matter of A-B- Memo
AILA provides a summary of an ICE memo on Matter of A-B-.
DHS Issues Statement on Reunification of Families Under Court Order
DHS issued a statement regarding the four-step process used for reunifying families under the court order. Notice includes information on the children not eligible for reunification, those likely eligible for reunification, and what happens for children five years of age and older.
DHS Announces Visa Sanctions for Burma and Laos
DHS announced, in coordination with DOS, the implementation of visa sanctions on Burma and Laos due to lack of cooperation in accepting their citizens who have been ordered removed the United States. Notice includes list of specific sanctions and effective dates.
Practice Alert: AG Sessions Issues Matter of A-B-, Overruling Matter of A-R-C-G-
AILA’s Asylum and Refugee Committee provides a Practice Alert featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B-.
DOJ Announces Trump Administration Completes Reunification of Eligible Children Under 5
DOJ announced that as of 7/12/18, initial reunifications have been completed. Announcement includes more details regarding HHS, DHS, and DOJ progress on reunification, stating that 57 children have been unified and 46 children have been determined to be ineligible for reunification.
BIA Rescinds In Absentia Order Because Hearing Notice Was Sent to Bond Attorney
Unpublished BIA decision rescinds in absentia order because hearing notice was sent to attorney who only entered an appearance for bond proceedings. Special thanks to IRAC. (Matter of Avila-Hurron, 7/10/18)
BIA Holds Connecticut Fourth-Degree Larceny Not an Aggravated Felony
Unpublished BIA decision holds that fourth-degree larceny under Conn. Get. Stat. 53-124 is not an aggravated felony theft offense and statute is not divisible. Special thanks to IRAC. (Matter of Bastian-Mojica, 7/10/18)
Law Student Perspective: The Elimination of Immigration Programs by Presidential Edict
Law Student member Stefanie Schreck provides updates on several immigration programs.
AILA Quicktake #245: USCIS Guidance on Issuance of NTAs
Betsy Lawrence, AILA's Director of Government Relations, discusses the implications of the updated USCIS guidance on issuance of Notices to Appear (NTA).
New USCIS Policy Will Needlessly Push Thousands More Cases into the Deportation Machinery
In this statement, AILA highlights how the new guidance published by USCIS regarding Notices to Appear (NTAs) will needlessly push thousands more cases into the deportation machinery, further clogging the already backlogged immigration court system.
CA10 Grants Review, Remands to BIA to Consider Evidence of Changed Country Conditions
In a non-precedent decision, the court held that the BIA abused its discretion by disregarding evidence of increasing persecution against religious minorities in Bangladesh and dismissing increased violence against religious minorities in general civil unrest. (A.B. v. Sessions, 7/6/18)
Center for Gender & Refugee Studies Issues Practice Advisory on Matter of A-B-
The Center for Gender & Refugee Studies issued a practice advisory that analyzes the Attorney General’s decision in Matter of A-B- and raises considerations for practitioners representing clients with asylum cases potentially impacted by the decision.
AILA Will Not Tolerate ICE Assaults on Our Members Who Fight for Justice Every Day
AILA President Anastasia Tonello shares information about the harm ICE officers caused an AILA member from the MO-KS Chapter and advises members to be vigilant in this toxic environment.
Attorney General Jeff Sessions Rescinds 24 Guidance Documents
Attorney General Jeff Sessions announced that he rescinded 24 guidance documents that were “unnecessary, outdated, inconsistent with existing law, or otherwise improper.” Rescinded documents include guidance related to BJA’s SCAAP program, refugee and asylee right to work, and LEP FAQs.
ICE Separated Parent’s Removal Form Pursuant to Ms. L. v. ICE Lawsuit
This ICE form may be used by detained alien parents with administratively final orders of removal who are class members in the Ms. L. v. I.C.E., No. 18-0428, (S.D. Cal. Filed Feb. 26, 2018) lawsuit.
USCIS Updates NTA Policy Guidance to Support DHS Enforcement Priorities
USCIS issued updated guidance that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of DHS.
CA7 Rejects Challenges to BIA’s Denial of Motion to Reconsider Dismissal of Appeal
The court found that the BIA did not abuse its discretion in denying motion when petitioner challenged only one of the two adequate reasons Board gave for summarily dismissing case. Nor did BIA abuse its discretion in assigning case to single Board member. (Cortina-Chavez v. Sessions, 7/5/18)
CA7 Rules That BIA Applied Wrong Standard for Ineffective Assistance Claim
The court granted petition for review, finding BIA erred in evaluating prejudice by probability (alleged missteps “would likely have altered the outcome” of removal), rather than possibility (reasonable chance of prevailing had he had competent representation). (Sanchez v. Sessions, 7/5/18)
CA3 Rules that M-E-V-G-‘s “Particular Social Group” Test Is Entitled to Chevron Deference
The court denied the petition for review, which accepted IJ/BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable group. (S.E.R.L. v. U.S. Att’y Gen., 7/3/18)
AILA Submits Amicus Brief on Motions to Reopen Based on Changed Country Conditions
AILA and other advocates submitted an amicus brief supporting the petitioner’s request to vacate the BIA’s decision and remand, in Pinchupa v. Sessions, explaining the requirements of a motion to reopen to seek asylum or related relief based on changed circumstances in the country of return.