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
Immigration Law Advisor, November 2016 (Vol. 10, No. 8)
The November 2016 issue of Immigration Law Advisor, a legal publication from EOIR, includes an article with a discussion of the reception of internet sources in immigration proceedings, as well as summaries of circuit court decisions from October 2016 and BIA precedent decisions.
Homeland Security Advisory Council Report of the Subcommittee on Privatized Immigration Detention Facilities
The Homeland Security Advisory Council subcommittee issued a report with several recommendations including “continuation [of DHS’s use of private for-profit detention] should come with improved and expanded ICE oversight, and with further exploration of other models…."
EOIR Proposed Rule on Denials of Suspension of Deportation and Cancellation of Removal
Proposed EOIR rule allowing IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. Comments are due by 1/30/17. (81 FR 86291, 11/30/16)
Offering the Community Your Expertise Post-Election
There is fear in our communities. In the days following the presidential election, I heard from a lot of people who want to help, but aren't sure exactly how. Though there are many ways to get involved, I want to offer an example of how a fellow AILA member and I volunteered a couple of […]
TRAC Report Finds Immigration Now Accounts for 52 Percent of All Federal Criminal Prosecutions
This TRAC report finds that criminal prosecutions for illegal entry, illegal re-entry, and similar immigration violations made up 52 percent of all federal prosecutions in FY2016. Immigration prosecutions totaled 69,636 during FY2016, compared with 63,405 prosecutions for all other federal crimes.
CA9 Upholds BIA’s Refusal to Consider Adjustment of Status Petition of Peruvian Who Fraudulently Entered Under the VWP
In an issue of first impression, the court held that a noncitizen who fraudulently enters the United States under the Visa Waiver Program (VWP) is subject to the VWP’s limitations, including waiving any challenge to deportation other than asylum. (Riera-Riera v. Lynch, 11/28/16)
BIA Holds Obstructing Official Business in Ohio Not a CIMT
Unpublished BIA decision holds that obstructing official business under Ohio Rev. Code 2921.31(A) is not a CIMT. Special thanks to IRAC. (Matter of Moreno, 11/28/16)
BIA Dismisses False Claim to Citizenship Charge
Unpublished BIA decision dismisses charge that respondent made false claim to U.S. citizenship when applying for New Mexico driver’s license because lawful status was not required to obtain such a license. Special thanks to IRAC. (Matter of Melendez Manriquez, 11/25/16)
BIA Holds Texas Burglary of a Vehicle Not a CIMT
Unpublished BIA decision holds that burglary of a vehicle under Tex. Penal Code 30.04 is not a CIMT because offenders may intend to commit non-turpitudinous crime. Special thanks to IRAC. (Matter of Davila, 11/23/16)
USCIS Policy Memo on Discretionary Options for Spouses, Parents, and Children of Certain Military Personnel, Veterans, and Enlistees
USCIS policy memo with guidance on discretionary options for certain noncitizen family members of individuals serving on active duty in the U.S. Armed Forces or in the Selected Reserve of the Ready Reserve, as well as for certain noncitizen family members of other military personnel and veterans.
Statement by DHS Secretary Johnson on the Resumption of Removals to Haiti
DHS statement that removals of Haitian nationals have resumed after removal flights were suspended due to Hurricane Matthew on 10/4/16. In the last several weeks ICE has removed over 200 Haitian nationals and plans to significantly expand removal operations in the coming weeks.
District Court Orders ORR to Release Unaccompanied Minor from Custody Finding Due Process Violations
The U.S. District Court for the Eastern District of Virginia granted the petition for a writ of habeas corpus, holding that the Office of Refugee Resettlement's family reunification procedures did not afford petitioner and her unaccompanied child due process. (Beltrán v. Cardall, 11/22/16)
DHS Response to AILA Letter on the Current Situation in Haiti
DHS sent a response to an AILA and Council letter regarding the removal of Haitian nationals to Haiti, TPS and redesignation for Haitian nationals, and the Haitian Family Reunification Parole Program. The letter notes that almost 60,000 Haitians in the United States currently have TPS.
CA7 Rejects Cancellation of Removal Applicant’s Contention That IJ Improperly Excluded Evidence and Failed to Develop the Record
The court upheld the BIA, finding that, based on the record, the petitioner could not contend that the IJ failed to develop the record by not asking more questions, and that the IJ did not improperly exclude evidence that was central to petitioner’s case. (Perez-Fuentes v. Lynch, 11/22/16)
With the Stroke of a Pen: What Executive Branch Actions Can President-elect Trump “Undo” on Day One?
A Congressional Research Service (CRS) Legal Sidebar that discusses what executive branch actions President-elect Donald Trump can unilaterally and immediately revoke. Report discusses executive orders, discretionary agency directives and guidance documents, and agency rules and regulations.
BIA Finds Virginia Online Solicitation Statute Not Sexual Abuse of a Minor
Unpublished BIA decision finds conviction under Va. Code Ann. 18.2-374.3 does not qualify as “sexual abuse of a minor” because subsections (C) and (E) criminalize the solicitation of adults posing as minors. Special thanks to IRAC. (Matter of W-K-H-, 11/22/16)
CA1 Rejects Rule Prohibiting Government from Subjecting to Mandatory Detention Class Members Not Detained by DHS Within 48 Hours
The court held that a class-wide, bright line rule prohibiting the government from subjecting to mandatory detention any class member who was not taken into immigration custody within 48 hours of release from non-DHS custody was inconsistent with prior opinions. (Gordon v. Lynch, 11/21/16)
CBP Opens West Texas Facility to Process Border Crossers
CBP announced that in response to an upsurge in border crossers along the Southwest border, it has opened the Tornillo-Guadalupe, Texas, Temporary Holding Facility. The facility, at the CBP Tornillo-Guadalupe Port of Entry, can hold up to 500 people and will be in place for 30 days.
DHS Withdraws Appeals of Order Terminating Proceedings Against Former UNNJ Student
Unpublished BIA decision notes the withdrawal of a DHS appeal challenging a decision terminating proceedings against a former student at the fake University of Northern New Jersey for being present in violation of law. Special thanks to IRAC. (Matter of Kasim Reddy, 11/18/16)
CBP Issues Guidance on the Form I-212 Fee Increase
CBP issued guidance on the fee increase for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, effective 12/23/16.
ICE Provides Final Settlement Information Regarding Telephone Access in Immigration Detention
ICE provided information regarding a final settlement in Lyon, et al. v. ICE, et al. on telephone access for all current and future adult immigration detainees who are or will be held by ICE in Contra Costa County, Kern County, Sacramento County, or Yuba County.
AILA EOIR Stakeholder Meeting Minutes (11/17/16)
Unofficial minutes from the 11/17/16 EOIR stakeholder meeting. Topics include staffing and docket information, consistency in following the Immigration Court Practice Manual, use of technology in the courtroom, priority dockets, and increased security measures.
Highlights from EOIR Stakeholder Meeting (11/17/16)
AILA’s EOIR Liaison committee provides the following updates from the 11/17/16 EOIR stakeholder meeting: use of electronics in EOIR space, consistency in the application of the ICPM, and applications for suspension of deportation/cancellation of removal in non-detained cases.
House Members Urge President Obama to Pardon DREAMers
On 11/17/16, Representatives Zoe Lofgren (D-CA), Luis Gutierrez (D-IL), and Lucille Roybal-Allard (D-CA) urged President Obama to exercise his constitutional authority to provide pardons to DREAMers.
DHS Notice of Homeland Security Advisory Council Meeting
DHS notice that the Homeland Security Advisory Council will meet on 12/1/16 in Washington, D.C. The Council may deliberate on the Privatized Immigration Detention Facilities Subcommittee’s interim report or final recommendations. Comments and registration are due by 11/28/16. (81 FR 80677, 11/16/16)