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 Provides User Manual for Expanded Electronic Filing Pilot
EOIR provided a user manual on its expanded electronic filing pilot that explains the procedures for participation. Participation in the pilot program is on a voluntary basis, and pilot participants must adhere to the procedures in this manual, effective July 16, 2018.
Flow Chart Illustrating the UAC Reunification Process
DHS and HHS provided a flow chart demonstrating the UAC reunification process, released as part of the Ms. L. v. ICE litigation.
District Court Rules Government Must Address Children’s PTSD Brought on by Family Separation
A district court judge ruled that the constitutional rights of two immigrant children, separated at the border from their parents, were violated. The government was ordered to produce the parents and a plan for addressing the children’s PTSD. (J.S.R. v. Sessions, 7/13/18)
CBP Warns Migrants of Telephonic Scams
CBP warned migrants about telephone scams in which an individual poses as an authority figure from DHS agencies like ICE and Border Patrol, or as a consular officer or shelter administrator, and requests money be wired to resolve some aspect of a family member’s immigration case.
Former Immigration Judge Jeffrey Chase on Matter of A-B- Being Misapplied by EOIR and DHS
In a July 13, 2018, blog post, former IJ Jeffrey Chase discusses the misapplication of Matter of A-B- by the BIA, USCIS, and ICE, a month after AG Jeff Sessions issued the decision.
CREEC’s Guide on Rights of Immigration Detainees with Disabilities
Civil Rights Education And Enforcement Center (CREEC) issued a comprehensive guide to be used as a resource for identifying appropriate accommodations and modifications for detention centers currently holding detainees with disabilities.
CA7 Holds Denial of an Affirmative Asylum Request Is Not Final for Purposes of Judicial Review Under the APA
The court held that although its review was not jurisdictionally barred, it could not review an affirmative asylum denial on the merits because the denial was not administratively final since petitioner had TPS and was not yet in removal proceedings. (Dhakal v. Sessions, 7/13/18)
DOJ Final Rule Delegating Authority Concerning International Prisoner Transfer Program
DOJ final rule effective 7/13/18 delegating authority concerning the International Prisoner Transfer Program. Responsibility for international prison transfers is moving from the Office of Enforcement Operations to the Office of International Affairs. (83 FR 32579, 7/13/18)
Senator Feinstein Statement: Trump Administration Unilateral Rewrite of Asylum Law
On 7/12/18, Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) released a statement in respond to the administration issuing a 7/11/18 policy memorandum that impacts U.S. asylum law.
DHS Instruction to Asylum Officers Violates U.S. and International Law
Late on July 11, 2018, USCIS and ICE issued guidance redefining core principles of America’s asylum laws which will have far-reaching implications for asylum seekers, refugees, and others.
AILA Quicktake #246: USCIS and ICE Memos on Asylum
Greg Chen, AILA's Director of Government Relations, discusses the implications of the two memos issued by USCIS and ICE regarding asylum and refugee claims.
BIA Reopens Sua Sponte Due to Publicity Surrounding Asylum Claim
Unpublished BIA decision reopens proceedings sua sponte in light of prominent nature of asylum claim in both the United States and Ghana. Special thanks to IRAC. (Matter of Ibrahim, 7/12/18)
BIA Holds Sexually Motivated Coercion in Nevada Not a Crime of Violence
Unpublished BIA decision holds that sexually motivated coercion under Nev. Rev. Stat. 207.190 is not a crime of violence under 18 USC §16(a) because physical force under Nevada law can include nonviolent de minimis force. Special thanks to IRAC. (Matter of Rodriguez-Figueroa, 7/12/18)
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)