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
USCIS Announces Recall of 800 Incorrectly Printed EADs
On 6/21/18, USCIS will begin recalling approximately 800 employment authorization documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, due to a production error. Affected individuals and their attorneys will be notified.
ICE Agents Issue Letter to DHS Requesting HSI and ERO Become Separate Entities
In a letter obtained by the Texas Observer, 29 ICE HSI agents requested that HSI be separated from ERO, stating “HSI’s investigations have been perceived as targeting undocumented aliens, instead of the transnational criminal organizations… impacting our communities and national security.”
AILA Quicktake #242: Executive Order on Family Separation Policy
AILA President Anastasia Tonello discusses the family separation Executive Order that President Trump signed on June 20, 2018.
BIA Holds California Disorderly Conduct Not a CIMT
Unpublished BIA decision holds that disorderly conduct under Calif. Penal Code 647(a) is not a CIMT because it does not require lewd or specific intent to offend or defendant to be aware of presence of others. Special thanks to IRAC. (Matter of Wang, 6/21/18)
Sign-On Letter Opposing Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136)
On June 20, 2018, AILA joined approximately 350 organizations in a letter to members of Congress expressing grave concerns with Speaker Paul Ryan’s (R-WI) “Border Security and Immigration Reform Act of 2018” (H.R. 6136), and asking them to vote against the bill.
White House Releases Fact Sheet on Border Prosecutions and Families
The White House published a fact sheet about zero-tolerance border prosecutions and family separation, calling on Congress to “close the loopholes that limit detention of families together to mere weeks but require years to effectuate removal.”
AILA Members’ Letter to the Editor Template on Family Separation
We encourage AILA members to personalize and submit this Letter to the Editor on the administration’s harsh treatment of families at the border. Please email newsroom@aila.org with any questions or to share your success.
Attorney General Publishes Op-Ed in USA Today on Family Separation
Attorney General Jeff Sessions published an op-ed in USA Today defending DOJ’s zero tolerance policy and family separation, claiming, “We don’t want to separate parents from kids.”
AILA: Expanding Family Detention Is Not the Answer to Cruel Family Separation Policy
Responding to the Executive Order regarding family separation, AILA President Anastasia Tonello stated, “The barriers to due process that AILA attorneys have encountered at every detention facility only underscore what needs to happen: both family separation and family detention must end.”
BIA Holds Ohio Statute Not a Firearms Offense
Unpublished BIA decision holds that the improper handling of a firearm in a motor vehicle under Ohio Rev. Code 2923.16(E)(1) is not a firearms offense because state has prosecuted under similar statutes for possessing antique firearms. Special thanks to IRAC. (Matter of Edwards, 6/20/18)
Code Red: The Fatal Consequences of Dangerously Substandard Medical Care in Immigration Detention
More people died in immigration detention in FY2017 than any year since 2009, and reports on deaths shows that they are still linked to dangerously inadequate medical care. Human Rights Watch, ACLU, National Immigrant Justice Center, and Detention Watch Network issued a report on this information.
H.R. 6136: Border Security and Immigration Reform Act of 2018
H.R. 6136, the Border Security and Immigration Reform Act of 2018, would create an avenue for Dreamers to obtain green cards, increase border security funding, eliminate the Diversity Visa lottery program, and reform family immigration and asylum laws.
Sign-On Letter Opposing Representative Goodlatte’s “Securing America’s Future Act” (H.R.4760)
On June 19, 2018, AILA joined approximately 226 organizations in a letter to members of Congress opposing Representative Bob Goodlatte’s (R-VA) bill, the “Securing America’s Future Act” (H.R.4760).
AMA Urges Government to Withdraw “Zero Tolerance” Policies
The American Medical Association (AMA) issued a letter to DHS, DOJ, and HHS, strongly urging the federal government to withdraw its “zero tolerance” policy that requires the separation of migrating children from their parents and caregivers.
CA10 Finds BIA Erred in Finding That Colorado Criminal Trespass Statute Is Divisible
The court ruled that BIA should not have applied modified categorical approach to analyze law proscribing unlawful entry into a dwelling or into a vehicle, vacating removal order based on finding that trespass of auto was CIMT. (Lujan Jimenez v. Sessions, 6/19/18)
S. 3091: Protect Kids and Parents Act
On 6/19/18, Senator Ted Cruz (R-TX) introduced the Protect Kids and Parents Act (S. 3091) to limit the separation of families seeking asylum in the United States and expedite the asylum process for individuals arriving in the United States with children.
H.R. 6135: Keep Families Together Act
On 6/19/18, Representative Jerrold Nadler (D-NY) introduced the Keep Families Together Act (H.R. 6135) to limit the separation of families at or near ports of entry. This is the House companion bill to S. 3036.
CA10 Rules that Violation of Wyoming Third Degree Sex Abuse Statute Is Aggravated Felony
Applying categorical analysis, the court denied petition for review and rejected the argument that, because Wyoming statute lacks an “actual abuse” element and a mens rea requirement on the age of victim, it is broader than the generic offense. (Bedolla-Zarate v. Sessions, 6/18/18)
DHS Publishes Myth vs. Fact Document on Its Zero-Tolerance Policy
On 6/18/18, DHS released the document “Myth vs. Fact: DHS Zero-Tolerance Policy,” claiming that DHS has “seen reporters, Members of Congress, and other groups mislead the public on the Department of Homeland Security’s (DHS) zero-tolerance policy.”
CBP Releases Statement Concerning Facebook Post About Border Patrol Transportation Check
CBP published a statement regarding a post on Facebook about a Border Patrol transportation check near the Nevada-California state line. The agency claims the events in the post are false and “strongly rebuts” an ACLU blog post about it.
DHS Secretary Nielsen Delivers Remarks on Immigration and the Southern Border
On 6/18/18, DHS Secretary Kirstjen Nielsen delivered remarks at the White House Press Briefing about immigration and the southern border, in which she called on Congress to reform asylum laws and existing protections for unaccompanied minors and family units, as well as expand family detention.
Bipartisan Group of Former United States Attorneys Call on Jeff Sessions to End Family Separation
More than 75 former U.S. attorneys called on Attorney General Jeff Sessions to stop family separations, saying the decision to implement the zero tolerance policy has led to more than 2,000 children being taken from their parents and that "the unfolding tragedy falls squarely on your shoulders."
USCIS Announces New Data Released on Criminal Arrest Histories of DACA Requestors
USCIS announced it had released data on arrests of DACA requestors. USCIS Director L. Francis Cissna claimed, “There are legitimate concerns over a portion of the population who have requested, and been granted, the privilege of a temporary stay of their removal under the illegal DACA policy.”
CA3 Finds SIJ Designees May Enforce Their Rights Under the Suspension Clause
The court found that the jurisdiction-stripping provides of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to SIJ designees seeking judicial review of orders of expedited removal. (Osorio-Martinez v. Attorney General, 6/18/18)
Supreme Court Determines Appellate Courts Must Fix Sentencing Errors
The Supreme Court determined that appellate courts should correct sentencing mistakes, finding that such errors will “seriously affect the fairness, integrity, or public reputation of judicial proceedings, and thus will warrant relief.” (Rosales-Mireles v. United States, 6/18/18)