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 Calling on Congress to Oppose ICE’s Funding Request
On 7/18/17, AILA joined nearly 200 other organizations in urging members of Congress to oppose ICE’s 6/30/17 request for a reprogramming of funds to cover detention costs for the remainder of FY2017.
USCIS Provides PowerPoint Presentations from NSC Stakeholder Open House
USCIS provides the PowerPoint presentations from the Nebraska Service Center (NSC) open house on 7/18/17. USCIS discussed the types of cases processed at NSC, DACA requests, and the production of travel and employment authorization documents, as well as Form I-9, E-Verify, and the SAVE program.
BIA Holds Michigan Assault Statute Is Not Sexual Abuse of a Minor
Unpublished BIA decision holds that assault with intent to commit criminal sexual conduct under Mich. Comp. Laws. 750.520g(1) is not aggravated felony sexual abuse of a minor because the age of the victim is not an element of the offense. Special thanks to IRAC. (Matter of W-P-M-, 7/18/17)
BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing
Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17)
BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime
Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17)
TRAC Data Shows Immigration Court Dispositions Drop 9.3 Percent Under Trump
The Transactional Records Access Clearinghouse (TRAC) found that Immigration Court dispositions have dropped by 9.3% since President Trump took office. Changes such as shifting judge assignments, revised case processing priorities, and the termination of PD closures, caused the decline.
CAPAC Chair Condemns Proposal to Fund Border Wall and Mass Deportation Force
On 7/17/17, Chair Judy Chu (D-CA) of the Congressional Asian Pacific American Caucus (CAPAC) urged her colleagues to reject the House Homeland Security Appropriations Bill for FY2018, which would create a mass deportation force, build a border wall, and tear families apart.
Congressional Hispanic Caucus Urges Appropriators to Reject Increasing DHS Funding
On 7/17/17, the Congressional Hispanic Caucus (CHC) urged House Appropriators to reject increased funding for ICE and CBP, in particular increased funding for immigration detention and ICE and Border Patrol agents.
One Road to Immigration Law
True confession: I did not take immigration law in law school and I took Latin as my foreign language class. AILA members, reading that, I'm sure you just groaned. But the fact was, I did not become an attorney to practice immigration law. About 20 years ago though, my life took a happy turn and [&
NARA Notice of Agency Records Schedules Including ICE Document Destruction Proposal
National Archives and Records Administration (NARA) notice and request for comments with proposed records schedules from agencies, including an ICE proposal to destroy several types of records related to detainees, including records on sexual abuse and deaths while in custody. (82 FR 32585, 7/14/17)
BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17)
SPLC: Barriers to Legal Representation Continue at Stewart Detention Center
On 7/13/17, the Southern Poverty Law Center sent a letter to ICE and the Stewart Detention Center requesting immediate action, as current policies and practices “unjustifiably obstruct the availability of professional representation or other aspects of the right of access to the courts.”
EOIR Swears in New Immigration Judge
The Executive Office for Immigration Review (EOIR) announced the investiture of a new immigration judge, James M. McCarthy. Mr. McCarthy will serve in the New York City immigration court and previously worked at ICE.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/17 and ending 9/30/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.92 per centum per annum. (82 FR 32444, 7/13/17)
CA11 Finds Nicaraguan Petitioner Did Not Make a Misrepresentation on His Adjustment Application
The court held that because the petitioner had not been confined in a prison but rather was detained in a rebel-controlled trailer in the jungle, he did not make a misrepresentation on his application to adjust his status to that of a lawful permanent resident. (Alfaro v. Att’y Gen., 7/13/17)
IJ Finds Respondent Did Not Establish Eligibility for Cancellation
Immigration judge found that the respondent had not met his burden of demonstrating by clear and convincing evidence that he has not been convicted of violating any law or regulation relating to a controlled substance (as defined in section 802 of Title 21). (Matter of Redacted, 7/12/17)
Representative Roybal-Allard's Statement Opposing FY2018 Homeland Security Appropriations Bill
On 7/12/17, Ranking Member of the House Homeland Security Appropriations Committee, Lucille Roybal-Allard (D-CA), issued a statement opposing the committee’s markup of the House Homeland Security Appropriations Bill for FY2018.
House Appropriations Committee Gives Trump Administration Blank Check to Implement Mass Deportation Plan
AILA strongly opposes the funding bill released by the House Appropriations Committee, which would massively increase immigration enforcement and border spending at a time when border apprehensions have plummeted and ICE and CBP funding is already at all-time high levels.
H.R.3355: Department of Homeland Security Appropriations Act of 2018
On 7/11/17, the House Appropriations Committee introduced the Homeland Security Appropriations Bill for FY2018, which would provide funds to hire more ICE law enforcement agents, Border Patrol agents, and increase the number of detention beds.
CA7 Finds Adverse Credibility Finding Against Moldovian Asylum Applicant Was Arbitrary and Capricious
The court granted the petition for review and remanded, holding that discrepancies in petitioner’s testimony on which the IJ relied were so trivial or illusory as to give the court no confidence in her analysis or in the BIA’s decision resting on that analysis. (Cojocari v. Sessions, 7/11/17)
CA8 Upholds Denial of Ethiopian Petitioner’s Asylum Claim Based on Political Opinion
The court held that the harms petitioner pointed to as evidence of past persecution, including his three-month detention in a military camp and threats he received after a trip to the United States, did not compel the finding that he experienced past persecution. (Baltti v. Sessions, 7/10/17)
CA11 Says Conviction Under Fla. Stat. §893.13(1)(a) Is Not an “Illicit Trafficking” Aggravated Felony
The court granted the petition for review, holding that petitioner’s convictions for violating Florida Statute §893.13(1)(a) did not constitute an aggravated felony, and thus that petitioner was not removable under INA §237(a)(2)(A)(iii). (Gordon v. Att’y Gen., 7/10/17)
Congressional Quad-Caucus Letter Urging to ICE to Publish Data on Detainees and Facilities
On 7/10/17, leaders of the of the Congressional Progressive Caucus, the Congressional Asian Pacific American Caucus, the Congressional Black Caucus, and the Congressional Hispanic Caucus urged ICE to collect and publish data on its facilities and detainee populations in an accessible and public way.
AILA and JFON File Supplemental Amicus Brief with BIA Concerning Duress Exception to the Persecutor Bar
AILA and the National Justice for Our Neighbors (JFON) filed an amicus brief supplementing their prior response to Amicus Invitation No. 16-08-08 in light of DHS’s changed position and recent BIA decisions, regarding the standards of a duress defense to the persecutor bar in asylum cases.
ICE ERO's July 2017 Detention Facility List
The Detention Watch Network (DWN) obtained a July 2017 ICE ERO detention facilities matrix through FOIA litigation in partnership with the Center for Constitutional Rights (CCR). Document includes a list of facilities, information about contracts, inspections, and more.