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 Solicits Amicus Briefs on Validity of a Conviction for Immigration Purposes
The BIA solicits amicus briefs on, among other things, the question of whether the Board is required to give full faith and credit to a judgment issued under Cal. Penal Code §1203.43 in light of the conviction definition found at INA §101(a)(48)(A). Comments are due by 7/27/18.
Sign-On Letter to Appropriators to Reject Reprogramming Requests Made By DHS
On 6/27/18, AILA and 11 coalition partners urged the House and Senate Appropriations Committees to reject the transfer and/or reprogramming of funds DHS is requesting to construct new detention camps to detain children and families.
TRAC Report Provides New Details on Border Arrests
TRAC analyzes data on Border Patrol apprehensions, current through April 2018, finding apprehensions of adults with children are lower than last year, most adults arrested are quickly deported, more than half of children arrested with parents in April 2018 were seven years old or younger, and more.
Vote No on Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Goodlatte’s “Securing America’s Future A
AILA recommends representatives vote “no” on Speaker Paul Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Bob Goodlatte’s “Securing America’s Future Act of 2018” (H.R. 4760).
CA4 Finds Obstruction of Justice Under Virginia Code Ann. §18.2-460(A) Is Not a CIMT
The court applied the categorical approach and held that obstruction of justice under Virginia Code Ann. §18.2-460(A) is not a crime involving moral turpitude (CIMT). (Ramirez v. Sessions, 4/17/18, amended on 6/7/18)
Class Action Lawsuit Filed Challenging Prolonged Detention of Immigrant Children in New York
A federal judge granted a preliminary injunction, ending a policy of the ORR Director Scott Lloyd personally reviewing and approving the release of any detained immigrant child who is or has ever been in a heightened supervision placement while in ORR custody. (L.V.M v. Lloyd, 6/27/18)
Practice Pointer: Escalating Legal Access Concerns to ICE
During the fall ICE Liaison meeting, ICE recommended that attorneys experiencing barriers in accessing detained clients should raise these concerns with local ICE ERO leadership. If local leadership is unable to resolve these issues, ICE advised AILA members to email ICE Headquarters.
A Victory for Due Process
AILA Policy Counsel Jason Boyd highlights the potential impact of the Supreme Court's decision in Sessions v. Pereira as it relates to information required on a Notice to Appear.
17 States File Complaint in District Court Against Family Separation
17 states filed a lawsuit contending that family separation policies and the practice of denying asylum seekers entry is unconstitutional and asks the federal court to order the administration to “stop implementing them immediately.” (State of Washington, et. al, v. USA, 6/26/18)
IJ Terminates Removal Proceedings, Finding NYPL §265.03(3) Overbroad
Immigration Judge granted motion to terminate finding respondent's New York conviction for possession of a weapon under NYPL §265.03 categorically overbroad in comparison to the federal definition of "firearm," and indivisible. Courtesy of Michael Goldman.
DHS OIG Finds ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements
DHS OIG found that neither the inspections nor the onsite monitoring of ICE’s 200 detention facilities ensure consistent compliance with detention standards, nor do they promote comprehensive deficiency corrections. OIG issued five recommendations and proposed steps and ICE concurred.
AILA Insight: The Detention Lottery
AILA member Margaret O’Donnell creates a production to educate community members on the immigrant experience through theatre performance. In this article, she shares information about the production and how to bring it to your community.
EOIR Publishes Public Notice on Electronic Filing Pilot Program
EOIR notice on the creation of a voluntary pilot program on the expansion of electronic filing of cases filed with the immigration courts and the BIA. Notice describes the procedures for participation in the pilot program, which will be in effect from 7/16/18 through 7/31/19. (83 FR 29575, 6/25/18)
Executive Order Affording Congress an Opportunity to Address Family Separation
President Trump issued an executive order on 6/20/18, ordering DHS to take measures to detain family units without separating children from parents and orders DOJ to file a request to modify the Flores settlement, among other things. (83 FR 29435, 6/25/18)
District Court Order Enjoins Federal Facility from Interfering with Detainees’ Right to Counsel
The court issued 28-day TRO requiring FDC Sheridan to make amends, including opportunity to consult with counsel, distribution of “Know Your Rights” pamphlets, notice and/or consent before transferring detainees out of state, and improved phone access. (Innovation Law Lab v. Nielsen, 6/25/18)
CA9 Finds That BIA’s Remand to IJ Was Broad in Scope
The court found that although BIA remanded for consideration of denial of CAT relief, the IJ did not err in reconsidering its prior adverse credibility determination and granting asylum relief, because BIA did not expressly retain jurisdiction. (Bermudez-Ariza v. Sessions, 6/25/18)
Former IJ Jeffrey S. Chase Asks: Are Summary Denials Coming to Immigration Court?
It has been reported that immigration judges around the country have been denying asylum cases summarily without hearing testimony. Former Immigration Judge Jeffrey S. Chase discussed this development in immigration court, including a timeline of recent decisions.
District Court Grants Habeas Relief to Person Not Taken Immediately into ICE Custody
A U.S. District Court ruled that INA §236(c) does not apply to an individual not taken into custody immediately upon release from criminal custody, finding that a nearly five-year delay is “clearly unreasonable” under §236(c). (Sall v. ICE, 5/24/18)
DHS Issues Fact Sheet on Zero-Tolerance Prosecution and Family Reunification
DHS published a fact sheet about how CBP, ICE, and HHS process parents and children who have been separated as part of the zero-tolerance prosecution policy at the border, and the role these agencies will play in the reunification process.
House Democrats Request Investigation to Reunite Children and Families
On 6/22/18, Congressman Lou Correa (D-CA) led 122 members of Congress in urging the Inspectors General of DHS and HHS to investigate whether the departments have records capable of reuniting families.
Memo from DHS Regarding Decision to Rescind DACA Policy
On 6/22/18, Secretary Kirstjen Nielsen issued a memorandum, in response to the court’s request for a more elaborate explanation for rescinding DACA, concurring with and declining to disturb Acting Secretary Duke’s decision to rescind the DACA policy.
Tearing Down the Wall and Building Bridges
This blog post is adapted from the president's installation speech given by Anastasia Tonello, June 14, 2018 in San Francisco; she shares her message to AILA members and goals for her presidential year.
DC’s Highest Court Rules That Criminal Defendant’s Potential Removal Warrants Jury Trial
Reversing conviction, en banc court decided that penalty of deportation, when viewed together with maximum period of incarceration that doesn’t exceed six months, overcomes presumption that offense is petty and triggers Sixth Amendment right to jury trial. (Bado v. U.S., 6/21/18)
Supreme Court Rules That Notices Triggering Stop-Time Rule Must Include Time and Place
The Supreme Court held that a putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a “notice to appear under §1229(a),” and so does not trigger the stop-time rule. (Pereira v. Sessions, 6/21/18)
CBP Issues Statement on Implementing Executive Order on Family Separation
CBP released a statement on President Trump’s EO on family separation, stating that family unity will be maintained for families apprehended crossing the border illegally and transferred to ICE custody. Border Patrol will continue to refer for prosecution adults who cross the border illegally.