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
Former National Security Leaders Urge Congress to Pass the Dream Act
On 11/14/17, a group of former national security leaders from both parties urged congressional leaders to pass the bipartisan, bicameral Dream Act by 12/8/17. The group highlighted the urgent need to protect Dreamers serving in the Armed Forces and recruits waiting to start boot camp.
CA10 Finds Petitioner’s Prior Colorado Theft Conviction Was a CIMT Rendering Him Ineligible for Cancellation of Removal
The court denied the petition for review, upholding the BIA’s determination that petitioner had not shown that he was eligible for cancellation of removal, and concluding the IJ did not deprive him of due process by refusing to recuse from hearing his case. (Lucio-Rayos v. Sessions, 11/14/17)
AILA Minutes from Joint Liaison Meeting with ICE HSI and DOJ IER (11/14/17)
Unofficial minutes from the 11/14/17 meeting between the AILA Verification and Documentation Liaison Committee, ICE Homeland Security Investigations (HSI), and DOJ Immigrant and Employee Rights (IER) Section. Topics include electronic I-9s, DACA recipients, E-Verify and more.
Getting Through the Reinstatement Maze
It often seems like the deck is stacked against our clients, particularly when the government uses tools like reinstatement of removal that are complex to defend against. Reinstatement sounds simple, but in practice the government can mistakenly apply it or fail to ensure safeguards are taken to pr
National ICE Council Sends Letter to President Trump on Gross Mismanagement
National ICE Council President Chris Crane sent letter to President Trump asking him to “step in to assist the men and women of ICE in our efforts to eliminate corruption and gross mismanagement within the Agency.”
Manufacturers Call on Congress to Protect DACA Recipients
On 11/13/17, the National Association of Manufacturers, along with over 30 organizations from the manufacturing industry from around the country, urged Congress to pass legislation to assure DACA recipients that their future is safe.
BIA Holds Oklahoma Statute Not a Firearms Offense
Unpublished BIA decision holds that carrying a firearm while under the influence of alcohol under Okla. Stat. tit. 21 §1289.9 was not a firearms offense because it contained no exception for antique firearms. Special thanks to IRAC. (Matter of Martinez-Guzman, 11/13/17)
A Profile of Current DACA Recipients by Education, Industry, and Occupation
The Migration Policy Institute provides a fact sheet that examines predicted DACA expirations, as well as offers estimates for the educational and workforce characteristics of the nearly 690,000 current DACA holders.
Fearless Lawyering: Winning Strategies – A View from the Bench
Listen to this recording from the 2017 California Chapters Conference where recently retired immigration judges offer their perspectives to help lawyers successfully navigate some of the thornier issues that can arise in immigration court and be the best advocates for their clients.
Border Patrol Arrests Former DACA Recipient
CBP announced that the El Centro Sector Border Patrol arrested a 23-year-old man, who according to CBP, is a Mexican citizen who was previously removed after he was arrested attempting to illegally enter the United States. He was booked pending charges of re-entry after removal.
CA5 Rejects Lack of Notice and Due Process Claims Where Petitioner Failed to Provide DHS with Current Mailing Address
The court held that the BIA did not abuse its discretion in dismissing the petition for review and declining to administratively close the case, and that it lacked jurisdiction to review the BIA's refusal to reopen proceedings sua sponte. (Hernandez-Castillo v. Sessions, 11/8/17)
District Court Orders Release of “Operation Indonesian Surrender” Foreign National Pursuant to Preexisting Order of Supervision
The court ruled that ICE did not follow its own regulations, and that it denied due process to foreign national who did not violate any condition of his release but was not given opportunity to prepare for orderly departure as provided in release notification. (Rombot v. Souza, 11/8/17)
On Immigration, It’s Time to Start Listening to Each Other
When it comes to civil dialogue, we are living in a low moment in our nation's history. Honest debates that yield real solutions to our common problems seem like a quaint notion—and that disturbs me. As the executive director of the American Immigration Lawyers Association, an organization of 15,000
Op-Ed Framework on the Need for Congress to Pass the Dream Act
AILA members can use this framework as a starting point for a longer opinion piece for their local paper on the need to pass the Dream Act before the holidays as part of the #AILAStandswithDreamers Campaign. Please email newsroom@aila.org if you have questions about using this framework.
CA9 Finds Petitioner’s “Wave Through Entry” Was an “Admission in Any Status” Under INA §240A(a)(2)
The court held that the term “in any status” under INA §240A(a)(2) plainly encompasses every status recognized by immigration statutes, lawful or unlawful, and therefore found that the petitioner was statutorily eligible for cancellation of removal. (Saldivar v. Sessions, 11/7/17)
Three-Part Video Series on Fearless Lawyering with Retired Immigration Judges
Produced by the Justice Campaign, retired Immigration Judge Hon. Eliza Klein joins Hon. Paul Wickham Schmidt, Hon. William P. Joyce, and Hon. Sarah Burr to discuss effective fearless lawyering tactics, including arguing for discretion, perfecting the record for appeal, and motions to suppress.
CA7 Finds BIA Erred in Construing the Fraud Waiver Under INA §237(a)(1)(H)
The court held that BIA erred when it treated the absence of a specific fraud charge as dispositive over the availability of a fraud waiver, finding that BIA should have instead considered whether the charge sustained against the petitioner was related to fraud. (Acquaah v. Sessions, 11/6/17)
NIJC and Immigrant Rights Advocates Demand Civil Rights Investigation into ICE Raids that Targeted Sponsors of Unaccompanied Children
Eight immigrant rights organizations filed a complaint with DHS OIG and Office of Civil Rights and Civil Liberties on behalf of some of the 400 people detained in raids during the summer of 2017 that used unaccompanied children to identify and target their relatives living in the United States.
EOIR Swears in Seven Immigration Judges
EOIR announced the investiture of seven new immigration judges. Attorney General Jeff Sessions appointed Marcos Gemoets, Bridget Virchis, Jeremiah Johnson, Yvonne S. Gonzalez, Ilyce S. Shugall, Cynthia A. Lafuente-Gaona, and Dinesh C. Verma to their new positions.
USCIS Provides Data on DACA Renewals by Month as of November 2, 2017
USCIS provided data on active DACA recipients as of September 4, 2017, by month that the validity expires and the status of the associated renewal as of November 2, 2017.
USCIS Provides Data on Active DACA Recipients as of September 4, 2017
USCIS provided data on active DACA recipients as of September 4, 2017, by month that the validity expires and the status of the associated renewal as of November 2, 2017.
BIA Says IJs Lack Authority to Terminate Removal Proceedings to Allow Noncitizens to Present Asylum Claims to DHS
The BIA held that an immigration judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to DHS in the first instance. Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
CBP Announces First-Time Immigration Violators Face Criminal Charges
CBP is presenting undocumented border crossers to the United States Attorney’s office for criminal prosecution of first-time illegal border crossers apprehended in Nogales, Arizona. In October 2017, more than 200 people arrested in the Nogales corridor were found amenable for prosecution.
DOJ’s Immigration Court Practice Manual (Updated on 11/2/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts. Chapters 3.1(b) and 5.12, as well as Chapter 5.10(c), were updated.
AILA Policy Brief: Building America’s Trust Act
AILA provides a policy brief on a few of S. 1757, the Building America’s Trust Act, most troubling provisions. This bill was introduced by Senator John Cornyn (R-TX) and is a heavy-handed, enforcement-driven bill that is unnecessary, cruel, and expensive.