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
CLINIC Provides a Practitioner’s Guide to Obtaining Release From Immigration Detention
Catholic Legal Immigration Network (CLINIC) issued a guide to provide practitioners with a comprehensive resource for representing clients in immigration bond proceedings focusing on bond hearings for adults who are detained by DHS.
BIA Dismisses Charges of Removability Based on Minnesota Stalking Conviction
Unpublished BIA decision holds that that stalking under Minn. Stat. 609.749.4(a) is neither CIMT nor a stalking offense under the INA. Special thanks to IRAC. (Matter of Shaban, 5/1/18)
EOIR Released Percentage of Detained Cases Completed Within Six Months for FY2018
EOIR released statistics on the percentage of detained cases completed within six months. As of 3/31/18, 89 percent of initial case completions were completed in less than six months.
EOIR Releases Circuit Court Case Law Summaries on Assessing Evidentiary Weight
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program document with circuit court case law summaries on assessing evidentiary weight, including general issues and issues with government reports and affidavits or personal statements. Special thanks to Matthew Hoppock.
EOIR Releases Circuit Court Case Law Summaries on Reliability of Government Documents
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program document with circuit court case law summaries on the reliability of government documents. Special thanks to Matthew Hoppock.
EOIR Released Statistics on Motions to Reopen
EOIR released statistics on motions to reopen from FY2008 through FY2018. As of 3/31/18, there were 17,600 motions to reopen filed in immigration courts and 3,138 filed in the BIA.
EOIR Released Current Median UAC Case Pending Time for FY2018
EOIR released the current median unaccompanied child (UAC) median non-detained case pending time. For FY2018, as of 3/31/18, the median time was 484 days. This includes UACs that were never detained and those released from detention.
TRAC Finds ICE Issues 14,000 Detainers Each Month But Number Honored Is Unclear
TRAC released a report with data from ICE through November 2017, that revealed that ICE issued 14,000 new detainers on average each month. The number jumped sharply after President Trump assumed office and stabilized since March 2017. The accuracy of ICE records on refusals is questionable.
BIA Sustains DHS Appeal and Vacates IJ’s Grant of Asylum
The BIA found that DHS has the authority to file a motion to reconsider in Immigration Court and that an applicant in withholding of removal only proceedings subject to a reinstated order of removal pursuant to §241(a)(5) is ineligible for asylum. Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)
Retired Immigration Judges and Former Members of the BIA Submit Amicus Brief in Support of Respondent in Matter of A-B-
In response to an invitation for amicus briefs, 16 retired immigration judges and former BIA members submitted an amicus brief in support of the respondent in Matter of A-B-. Brief asserts that this case is “rife with procedural violations and is consequently unripe for agency-head review.”
Senate Democrats Urge Appropriators to Reject the FY2019 DHS Funding Request
On 4/27/18, Senators Kamala Harris (D-CA), Bob Menendez (D-NJ), Dick Durbin (D-IL) and Mazie Hirono (D-HI) led an effort to urge Senate Appropriators to reduce funding for the Administration’s “reckless immigration enforcement operations” for FY2019. Twenty-one Senators signed the letter.
Senate Democrats Urge Appropriators to Protect Pregnant Women from ICE Detention
On 4/27/18, Senators Kamala Harris (D-CA) and Catherine Cortez-Masto (D-NV) led an effort to increase oversight of ICE’s detention practices and policies, including language that would require the release of pregnant women apprehended by or transferred to ICE. Sixteen senators signed the letter.
BIA Grants Interlocutory Appeals and Changes Venue for Detained Respondent
Unpublished BIA decision grants interlocutory appeal and changes venue from Imperial to San Francisco, stating that IJ incorrectly asserted that he lacked authority to change venue for a detained respondent. Special thanks to IRAC. (Matter of Mendoza, 4/27/18)
CRS Legal Sidebar: District Court Enjoins DACA Phase-Out - Explanation and Takeaways
The Congressional Research Service (CRS) provides a Legal Sidebar on district court decisions that enjoined DACA, including NAACP v. Trump that vacated the DACA rescission and remanded it to DHS but stayed the vacatur order for 90 days. The Legal Sidebar provides an explanation and takeaways.
CHC Urges DOJ to Reverse Decision to Impose Case Completion Quotas on IJs
The Congressional Hispanic Caucus (CHC) asks the DOJ to reverse its decision to impose production quotas and case completion deadlines on immigration judges.
DHS Privacy Impact Assessment Update for the Electronic Health Records (eHR) System
DHS published an update to its 2013 Privacy Impact Assessment (PIA) of the Electronic Health Records (eHR) system used to maintain health records on individuals in ICE detention. It describes a new online Patient Medical Record Portal, whereby former detainees can access a copy of their records.
Denied a Day in Court: The Government’s Use of In Absentia Removal Orders Against Families Seeking Asylum
ASAP and CLINIC provides a report that highlights the high rate of unrepresented families, discusses the obstacles these families face in attending hearings, explains how the immigration system fails families seeking asylum, and provides policy recommendations for addressing these shortcomings.
BIA Vacates Finding that Conviction Was an Aggravated Felony Fraud Offense
Unpublished BIA decision holds that conviction was not an aggravated felony under INA §101(a)(43)(M)(i) because victim of count to which respondent pleaded guilty did not receive more than $10,000 in restitution. Special thanks to IRAC. (Matter of Walters, 4/26/18)
Sessions v. Dimaya: SCOTUS Demands Clarity and Due Process in Immigration Laws
In this blog post, AILA member Andrew Nietor highlights the Sessions v. Dimaya decision from the U.S. Supreme Court, writing that the decision “offers a welcome return to the rule of law and its consistent application nationwide.“
AILA SF/FLORIDA BAR OCC Liaison Meeting (4/25/18)
Minutes from the South Florida Chapter’s meeting with the Office of Chief Counsel on April 25, 2018.
Governor Andrew Cuomo Sends Letter to ICE Regarding Enforcement Actions in New York
Andrew M. Cuomo, Governor of New York, sent a letter to ICE regarding enforcement actions within New York that “raise significant legal and public safety concerns” and includes details regarding the arrest of a dairy farmer in Rome, NY and requests that ICE stops this pattern of conduct immediately.
TRAC Reports on Deportations Under ICE’s Secure Communities Program
TRAC released a report that examines how the level of Secure Communities deportations has changed under the Trump administration and what types of crimes are now being targeted through this program. Traffic violations have the highest growth rate for Secure Communities removals.
DOJ Reverses Course on Legal Orientation Program, For Now
AILA and the American Immigration Council welcomed the news that the Department of Justice will not halt the Legal Orientation Program (LOP) for now; AILA and the Council again highlighted the LOP’s benefits to the efficiency and effectiveness of the immigration court system.
Opening Statement of Attorney General Jeff Sessions Before the Senate Appropriations Subcommittee Hearing on April 25, 2018
The written remarks of the Attorney General Jeff Sessions for a 4/25/18 hearing before the Senate Appropriations subcommittee where he states that, out of deference to the Committee, he has ordered that there be no pause to the Legal Orientation Program while a review is being conducted.
FOIA Response for USCIS Field Office Policy Guidance Related to Emergency Advance Parole
In response to AILA’s FOIA request, USCIS provides undated guidance for USCIS Field Offices pertaining to emergency advance parole. Please note, USCIS no longer approves advance parole requests relating to DACA cases.