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
Detainees in Stewart Detention Center File Suit Challenging Forced Labor Practices
Plaintiffs filed a class action suit against private prison company CoreCivic challenging its practice of depriving detained immigrants of basic necessities so they are forced to work at well below minimum wage to purchase items at the prison commissary. (Barrientos v. CoreCivic, 4/17/18)
BIA Rescinds In Absentia Order Based on Inability to Deliver to Address in NTA
Unpublished BIA decision rescinds in absentia order in light of affidavit from respondent and Form-797C stating that Postal Service could not deliver to address listed on NTA. Special thanks to IRAC. (Matter of Sidibe, 4/17/18)
CA6 Finds Petitioner Ineligible for Cancellation of Removal Where Record of Conviction Was Inconclusive
The court held that where an individual was convicted under a divisible criminal statute and the record is inconclusive as to whether the conviction was for an aggravated felony, such inconclusiveness defeats eligibility for relief under the INA. (Gutierrez v. Sessions, 4/16/18)
BIA Finds Minnesota Threats Statute Not a CIMT
Unpublished BIA decision holds that making threats of violence under Minn. Stat. 609.713, subd. 1, is not a CIMT because it has been applied in cases involving vague hand gestures and flippant remarks. Special thanks to IRAC. (Matter of Solano, 4/16/18)
Presidential Memorandum: Ending ‘‘Catch and Release’’ at the Border of the United States and Directing Other Enhancements to Immigration Enforcement
The White House issued a presidential memorandum to the secretaries of DOS, DOD, DOJ, HHS, and DHS, to end the “catch and release” policy at the border and directing other enhancements to immigration enforcement. (83 FR 16179, 4/13/18)
BIA Rescinds In Absentia Order Where Parent Failed to File Change of Address Form on Minor’s Behalf
Unpublished BIA decision rescinds in absentia order against respondent who entered as unaccompanied minor where mother failed to file change of address form on his behalf. Special thanks to IRAC. (Matter of Anaya-Murcia, 4/13/18)
BIA Rescinds In Absentia Order Sua Sponte Based on DHS Non-Opposition
Unpublished BIA decision reverses denial of motion to rescind in absentia order, finding DHS’ affirmative non-opposition constituted an exceptional situation warranting sua sponte reopening. Special thanks to IRAC. (Matter of Balcarcel, 4/13/18)
AILA DOS Liaison Q&As (4/12/18)
DOS responses to AILA/DOS liaison Q&As from a 4/12/18 meeting, addressing topics such as: Blanket Ls, visa revocations, the National Vetting Center, visa validity, administrative processing, TCN processing, affidavits of support, misrepresentations, CIMT and treatment of UK cautions, and more.
AILA ICE Liaison Committee Meeting Q&As (4/12/18)
Official Q&As from the 4/12/18 AILA liaison meeting with ICE. Topics include information on staffing and organizational updates, family separation, DACA, withholding of removal/travel documents, arrests at courthouses, gang membership, ISAP, detention, U visas, and post order issues.
BIA Reopens and Terminates Proceedings Following Adjustment of Status
Unpublished BIA decision reopens and terminates proceedings following adjustment from U nonimmigrant to LPR status. Special thanks to IRAC. (Matter of Martinez, 4/12/18)
DOJ Cuts Immigrants’ Access to Counsel in Latest Attack on Due Process
AILA and the American Immigration Council responded to the recent news that DOJ was halting the Legal Orientation Program despite the program’s success and congressional directives to maintain it.
Sign-On Letter Urging ICE to Discontinue Policy of Detaining Pregnant Individuals
On 4/11/18, AILA joined over 275 organizations in urging ICE Deputy Director Thomas Homan to discontinue its policy of detaining pregnant individuals, who should be able to access the critical healthcare services they need, and instead release them to continue their cases outside of detention.
BIA Terminates Proceedings Following Grant of U Visa
Unpublished BIA decision grants interlocutory appeal and terminates proceedings following grant of respondent’s U visa application. Special thanks to IRAC. (Matter of Kumar, 4/11/18)
Documents Related to Lawsuit Challenging ICE Efforts to Detain and Remove Certain People Pursuing Provisional Waivers
Plaintiffs filed a class action suit in federal district court on behalf of certain U.S. citizens and their spouses with final orders of removal pursuing the provisional waiver process, challenging ICE efforts to detain and remove noncitizens in this situation. (Calderon v. Nielsen, 4/10/18)
ICE Announces MOU with Nicaragua as Participating Partner in eTD System
ICE announced that Nicaragua signed a MOU, which established Nicaragua as a partner in the ICE/ERO electronic Travel Document (eTD) system. The eTD system electronically provides biographic and biometric information for determining citizenship and obtaining travel documents for detained individuals.
CRS Report with an Overview of Discretionary Reprieves from Removal
The Congressional Research Service (CRS) issued a report on discretionary reprieves from removal, discussing the primary sources of authority and describes, in general, the nature of the protections that they confer. The report includes a glossary of the principal types of discretionary reprieves.
CA9 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga to Petitioner
The court granted the petition for review and remanded the case to the BIA, holding that the BIA erred in applying Matter of Diaz-Lizarraga retroactively to the petitioner. (Garcia-Martinez v. Sessions, 4/9/18)
CA3 Holds Possession of Child Pornography Under 18 Pa. Cons. Stat. §6312(d) Is a CIMT
The court denied the petition for review, applying the categorical approach to hold that the petitioner’s Pennsylvania conviction for possession of child pornography under 18 Pa. Cons. Stat. §6312(d) was a crime involving moral turpitude (CIMT). (Moreno v. Attorney General, 4/9/18)
BIA Applies Matter of Pickering on a Nationwide Basis
The BIA sustained the respondent’s appeal, reaffirming Matter of Pickering, regarding the validity of vacated convictions for immigration purposes, and the decision is modified to give it nationwide application. Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 4/1/18 and ending 6/30/18, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.59 per centum per annum. (83 FR 14955, 4/6/18)
2018 National Day of Action Booklet
AILA encourages members to share this booklet with their representatives during AILA's National Day of Action in Washington, D.C, on April 12, 2018. AILA calls upon Congress and the president to overcome partisan difference and enact laws that update our legal immigration system.
Resources for Responding to Large-Scale Enforcement Actions and Raids
This page includes a variety of resources to assist members in responding to large-scale enforcement actions and raids, and representing individual clients who were subjected to a raid.
BIA Reopens Proceedings After Filing of U Visa Petition
Unpublished BIA decision reopens proceedings in light of the filing of the respondent’s petition for U nonimmigrant status. Special thanks to IRAC. (Matter of Valentin, 4/6/18)
CA8 Upholds Denial of I-751 Petition
The court denied the petition for review, holding that substantial evidence supported the IJ’s and the BIA’s findings that DHS met its burden to show that the petitioner and her late husband did not intend to establish a shared life at the time of their marriage. (Sagoe v. Sessions, 4/5/18)
Senate Democrats Urge ICE to Reinstate Presumptive Release for Pregnant Women
On 4/5/18, eight Senate Democrats wrote a letter to Thomas Homan, ICE Acting Director, opposing the policy that ended presumptive release for pregnant women in immigration detention. The letter mentions the demonstrated lack of capacity to provide sufficient support for pregnant detainees.