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 Reverses Dangerousness Finding Based on Reckless Driving Arrest
Unpublished BIA decision reverses IJ bond determination that respondent was a danger to the community based on an arrest for reckless driving for which authorities declined to pursue charges. Special thanks to IRAC. (Matter of J-O-N-G-, 12/16/17)
CA11 Affirms Dismissal of Claims by Professor Denied Access to Atlanta Immigration Court Hearings
The court affirmed the district court’s dismissal of the claims of a professor that her constitutional rights were violated when she was denied access to hearings at the Atlanta Immigration Court. (Stevens v. Attorney General, 12/15/17)
CA8 Finds Petitioner Ineligible for Cancellation of Removal Due to Minnesota Misdemeanor Domestic Assault Conviction
The court denied the petitions for review, finding that the petitioner was ineligible for cancellation of removal because his Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E). (Ramirez-Barajas v. Sessions, 12/15/17)
Fearless Lawyering: Motions Practice in Immigration Court
Listen to this recording from the 2017 New York Chapter Symposium on motions practice in immigration court. Motions are an essential part of a fearless and vigorous litigation strategy. Panelists discussed a wide range of strategic motions and how you can deploy them to your client’s advantage.
Combatting a War on the Christmas Spirit
The holidays are here, which supposedly make up the most wonderful time of the year. This year, the president has thrown in with Christmas in a big way, claiming that he has brought Christmas back and it's “bigger and better than ever.“ I'm not sure it was missing necessarily, but an emphasis
ICE Ends Presumption of Release for All Pregnant Detainees
ICE released ICE Directive 11032.3, stating that ICE has ended the presumption of release for all pregnant detainees. Instead, as with all detainees, absent the requirements of mandatory detention, ICE will complete a case-by-case custody determination taking any special factors into account.
BIA Holds LPR Did Not Acquire New Date of Admission After Traveling Abroad
Unpublished BIA decision holds that LPR did not acquire new “date of admission” when she reentered the country because she was not regarded as an application for admission under INA 101(a)(13)(C). Special thanks to IRAC. (Matter of Gustke, 12/14/17)
CA5 Finds Petitioner Did Not Provide New Evidence to Justify Motion to Reopen
The court denied the petition for review of the BIA’s denial of the petitioner’s motion to reopen his 1991 deportation order, holding that he had not provided any material, previously unavailable evidence to justify granting a motion to reopen. (Mendias-Mendoza v. Sessions, 12/12/17)
AILA Provides Comments on Proposed Revisions to Form I-765
AILA comments submitted on 12/12/17 in response to USCIS’s 60-day notice and request for comments on proposed revisions to the Application for Employment Authorization, Form I-765, published in the Federal Register on 10/13/17.
Law Student Perspective: Changing the Narrative - A Lesson I Learned from a Congressman
AILA Law Student Member Homero Gonzalez discusses his meeting with a U.S. representative and how it reframed his thoughts on immigration.
AILA Quicktake #226: What's Next on Dream
AILA Director of Government Relations Greg Chen discusses what's on Congress' plate as they look to fund the government by December 22 and how AILA members can get involved to get the Dream Act passed.
DHS OIG Expresses Concerns about ICE Detainee Treatment and Care at Detention Facilities
DHS OIG issued a report after inspecting five detention facilities and expressed concerns about ICE detainee treatment and care at these facilities.
Civil and Human Rights Organizations File Joint Complaint With DHS on Behalf of Families Forcibly Separated in CBP Custody
A complaint to DHS on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed by the Immigration Justice Campaign, Women’s Refugee Commission, Kids In Need of Defense, and other partners.
Joint Complaint Filed With DHS on Behalf of Families Forcibly Separated in CBP Custody
AILA joined civil and human rights organizations in filing a complaint to DHS on behalf of family members who have been forcibly separated while in custody at the southern border of the United States.
BIA Reopens Proceedings for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings for DACA recipient seeking to adjust status, noting that he was a minor when his parents’ asylum application was denied and was now the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Wu, 12/11/17)
AILA: Congress Must Pass Dream Legislation Before the Holidays
AILA urged Congress and the President to pass the Dream Act before the December holidays. Failing to act will hurt Dreamers, their families, and the businesses and communities that depend on them.
Hardline Immigration Policies Keep Running into Legal Trouble
On November 20, 2017, the United States District Court for the Northern District of California, issued a nationwide permanent injunction blocking the federal government's attempt to strip so-called “sanctuary cities“ of federal funding. Judge William Orrick ruled the executive order unconstitu
BIA Holds Failure of Sex Offender to Report Change in Address Is Not a CIMT
Unpublished BIA decision holds that failure of sex offender to report change in address under 730 Ill. Comp. Stat. 50/6 is not a CIMT because it IS a strict liability offense. Special thanks to IRAC. (Matter of Neufville, 12/7/17)
TRAC Finds that Criminal Immigration Prosecutions Down 14% in FY2017
DOJ data shows that during FY2017 there were 59,910 new immigration prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 14 percent during FY2016, when the number of criminal prosecutions totaled 69,636.
AILA: AG Sessions Cites Flawed Facts in Missive on the Immigration Court System
AILA condemned attacks by AG Sessions on the immigration courts and the due process rights of immigrants, stating that “For the AG to blame immigration lawyers for imagined trespasses is both malicious and wrong. We will not let that misinformation pass without setting the record straight.”
Attorney General Sessions Issues Memo Outlining Principles to Ensure that the Adjudication of Immigration Cases Services the National Interest
Attorney General Jeff Sessions released a memo to EOIR on the timely and efficient adjudication of immigration cases. The memo encourages EOIR to identify new efficiencies, and articulates five core principles that EOIR personnel should support and adhere to when adjudicating immigration cases.
DHS CRCL Released FY2016 Annual Report to Congress
DHS’s Office of Civil Rights and Civil Liberties (CRCL) issued its annual report to Congress on its priorities and activities for FY2016.
BIA Holds North Dakota Statute Is Not a Crime of Child Abuse
Unpublished BIA decision holds that contributing to deprivation of a minor under N.D. Code 14-10-06(1) is not a crime of child abuse, child neglect, or child abandonment because it prohibits allowing a minor to enter a liquor store. Special thanks to IRAC. (Matter of Kuot, 12/6/17)
BIA Holds Washington Assault Statute Is Not a CIMT
Unpublished BIA decision holds that third-degree assault under Rev. Code Wash. 9A-36.031(1)(f) with a sexual motivation sentencing enhancement was not a CIMT because the underlying offense could be predicated on mere criminal negligence. Special thanks to IRAC. (Matter of Moo, 12/6/17)
CA4 Remands Asylum Case to BIA to Reconsider Eligibility for Changed Circumstances Exception to One-Year Filing Deadline
The court found that facts that provide additional support for a pre-existing asylum claim can satisfy the changed circumstances exception to the one-year filing deadline and remanded the Honduran petitioner’s case to the BIA. (Romero Zambrano v. Sessions, 12/5/17)