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
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)
BIA Holds California Vehicle Manslaughter Not a CIMT
Unpublished BIA decision holds that vehicular manslaughter with gross negligence under Calif. Penal Code 192(c)(1) is not a CIMT because it does not require a sufficiently culpable mental state. Special thanks to IRAC. (Matter of Pourmand, 6/18/18)
DHS Issues Fact Sheet on Zero Tolerance Immigration Prosecutions and Families
On 6/15/18, DHS issued a fact sheet regarding the treatment of families under DOJ’s “zero tolerance” policy at the border, with information on the apprehension, prosecution, and removal processes and care for children and communication with families.
DHS Publishes FAQs on Zero Tolerance Immigration Prosecutions and Families
On 6/15/18, DHS published answers to frequently asked questions about family separation at the border, including what happens to the children during and after criminal prosecution of their parents or legal guardians and how parents or legal guardians can communicate with their children.
DHS and HHS Provide Handout on Next Steps for Families in DHS Custody
On 6/15/18, DHS and HHS provided an informational handout in English and Spanish for families taken into DHS custody for suspected illegal entry. The handout outlines what will happen to children while parents or legal guardians are prosecuted.
AILA: Once Again, Congress Holds DREAMers Hostage
As Congress gears up to vote on two immigration bills next week, AILA President Anastasia Tonello and Executive Director Ben Johnson raise serious concerns about the provisions which would, among other things, severely cut legal immigration, undermine vital protections for vulnerable populations.
ICE’s OPLA Provides List of Institutional Hearing Program Facilities
ICE’s Office of the Principal Legal Advisor (OPLA) provided AILA members with a list, current as of 6/15/18, of institutions with existing or pending Institutional Hearing Program (IHP) programs.
ICE Announces Honduran National Sentenced for Assault on ICE Officer
ICE stated that a Honduran national was sentenced to 364 days in federal custody after pleading guilty to one count of assault on a law enforcement officer in U.S. District Court in White Plains, NY. As he was being escorted to an ICE vehicle, Cruz-Garcia bit the arm of an ERO deportation officer.
ICE Provides Guidance to OPLA Attorneys on Administrative Closure Following Matter of Castro-Tum
ICE provides guidance to OPLA attorneys litigating administrative closure in the wake of the Attorney General’s precedent decision in Matter of Castro-Tum. Guidance obtained from the blog, Immigration Courtside.
Divided CA4 Panel Rules that Violation of Maryland Theft Statute Is Not CIMT
The court held Md. Crim. Law §7-104, which combines into a single statute multiple theft offenses, cannot categorically qualify as CIMT under Diaz-Lizarraga and remanded for consideration for cancellation of removal. (Martinez v. Sessions, 6/15/18)
BIA Grants Interlocutory Appeal Challenging Denial of Change of Venue
Unpublished BIA decision grants interlocutory appeal of denial of motion to change venue to immigration court close to his attorney where respondent had conceded removability and submitted application for cancellation of removal. Special thanks to IRAC. (Matter of Linares Flores, 6/15/18)
BIA Holds Virginia Hit-and-Run Statute Not a CIMT
Unpublished BIA decision holds that Va. Code Ann. 46.2-894 is not a CIMT because it does not require drivers to leave the scene of the accident or realize that the accident resulted in injury or property damage. Special thanks to IRAC. (Matter of Sifuentes-Reyna, 6/15/18)
Former IJ Jeffrey S. Chase Responds to Matter of A-B- in Blog Post
Former immigration judge (IJ) Jeffrey S. Chase published a blog post, Women Need Not Apply, about the Attorney General’s Decision in Matter of A-B-, calling it “shockingly tone deaf” and discussing how it will influence IJs future decisions in asylum cases involving domestic violence.