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
TRAC Report Finds Immigration Court Priority Family Case Backlog Surpasses 100,000
This TRAC report found that, as of the end of December 2016, the Immigration Court has 533,909 pending cases. Pending priority cases for families jumped by more than 20 percent and the backlog of these family cases alone totaled 102,342 last month, surpassing 100,000 cases for the first time.
CA3 Finds It Lacks Jurisdiction to Review Denial of Sua Sponte Reopening Under “Settled Course” Framework
The court held that, under its “settled course” framework, petitioner neither showed nor allowed the court to reasonably infer that the BIA had constrained its discretion in a way that would allow review of its decision denying his motion to reopen sua sponte. (Park v. Att'y Gen., 1/17/17)
DHS Notice Eliminating Exception To Expedited Removal for Cubans Encountered in the U.S. or Arriving by Sea
DHS notice eliminating the exception to expedited removal authority for Cuban nationals encountered in the United States or arriving by sea. The notice is effective 1/13/17 and comments are due 3/20/17. (82 FR 4902, 1/17/17)
DHS Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
DHS final rule eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by aircraft. The rule is effective 1/13/17, and comments are due 3/20/17. (82 FR 4769, 1/17/17)
EOIR Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
EOIR final rule eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by aircraft. The rule is effective 1/13/17 and comments are due 3/20/17. (82 FR 4771, 1/17/17)
USCIS Provides Guidance for Fee Exemptions for Form I-765 with DACA Requests
USCIS provides guidance for filing for an exemption from the filing fee for a Form I-765 when filed with a request for Consideration of Deferred Action for Childhood Arrivals.
Why All the Worry Over Senator Sessions as Attorney General?
The veterans among us know all too well the vast power that the Attorney General of the United States (AG) has in immigration matters, but for those who are new to the practice of immigration law, or just interested members of the press or public, here is a primer on the power of this office […
CBP Releases Muster on Changes to Parole and Expedited Removal Policies Specific to Cuban Nationals
CBP released a muster on changes to parole and expedited removal policies specific to Cuban Nationals, after DHS rescinded the parole policy for arriving Cuban nationals, commonly known as “wet-foot/dry-foot” and the Cuban Medical Professionals Parole Program, effective immediately.
CBP Releases Memo on Changes and Expedited Removal Policies Specific to Cuban Nationals
CBP released a memo with guidance on the announcement of changes to several DHS policies and regulations affecting Cuban nationals, including the rescission of the parole policy for arriving Cuban nationals and the Cuban Medical Professionals Parole Program.
BIA Adopts Uniform Definition of a “Conviction” for Purposes of the Adam Walsh Act
The BIA held that, for purposes of the Adam Walsh Act, a U.S. citizen or LPR petitioner has been “convicted” of an offense where there has been an adjudication or admission of guilt or responsibility and the imposition of a punishment. Matter of Calcano De Millan, 26 I&N Dec. 904 (BIA 2017)
DHS Fact Sheet: Changes to Parole and Expedited Removal Policies Affecting Cuban Nationals
DHS announced that on 1/12/17, it eliminated a special parole policy for arriving Cuban nationals, as well as the Cuban Medical Professional Parole Program. Also, effective 1/12/17, Cuban nationals apprehended at ports of entry or near the border may be placed in expedited removal proceedings.
Joint Statement of the United States and Cuba on Changes to Migration Relationship with Cuba
Joint statement signed by the United States and Cuba outlining changes to how the United States will treat arriving Cuban nationals and Cuban nationals in removal proceedings in an effort to normalize migration relations between the two countries.
CA9 Says INA §212(h) Waiver Authority Cannot Excuse Convictions That Bar INA §240A(b) Cancellation Relief
The court held that the waiver of inadmissibility authority provided in INA §212(h) does not nullify a conviction that disqualifies a noncitizen from cancellation of removal under INA §240A(b). (Guerrero-Roque v. Lynch, 1/9/17)
Statement by Secretary Johnson on the Continued Normalization of the Migration Relationship with Cuba
DHS issued a statement that Cuban nationals who attempt to illegally enter the United States will be subject to removal. The Cuban Medical Professional Parole program has so been ended, and Cuba has agreed to begin to accept to return of Cuban nationals who have been ordered removed.
CA7 Affirms Denial of Asylum to Petitioner Who Claimed He Would Face Persecution by Gangs in El Salvador
The court affirmed the BIA’s denial of asylum, finding that the petitioner did not present evidence supporting his argument that, as a long‐time resident of the United States, he would be perceived in El Salvador as wealthy and face persecution by gangs if removed. (Rivera v. Lynch, 1/12/17)
H.R. 496: Bar Removal of Immigrants Who Dream and Grow the Economy
On 1/12/17, Mike Coffman (R-CO), Luis Gutierrez (D-IL), Carlos Curberlo (R-FL), Lucille Roybal-Allard (R-FL), Jeff Denham (R-CA), Zoe Lofgren (D-CA), Ileana Ros-Lehtinen (R-FL), and Judy Chu (D-CA), introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy" (BRIDGE Act).
S. 128: Bar Removal of Immigrants Who Dream and Grow the Economy
On 1/12/17, Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), Jeff Flake (R-AZ), Chuck Schumer (D-NY), and Kamala Harris (D-CA) introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy," or BRIDGE Act.
BIA Holds New Jersey Possession With Intent to Distribute Near School Not an Aggravated Felony
Unpublished BIA decision holds that possession of controlled dangerous substance with intent to distribute within 1,000 feet of school property under NJSA 2C:35-7 not an aggravated felony under INA 101(a)(43)(B). Special thanks to IRAC. (Matter of C-E-L-, 1/12/17)
DHS OIG Issues Report Finding that DHS Lacks Oversight of Use of Force by Law Enforcement Officers (Redacted)
DHS OIG released a report stating that DHS has not done enough to minimize the risk of improper use of force by law enforcement officers. DHS employs approximately 80,000 law enforcement officers whose positions allow for the use of force as part of their duties.
Practice Alert: Engaging with ICE Community Relations Officers (CROs)
On January 10, 2017, ICE posted the contact information for its new Community Relations Officers (CRO). The ICE Liaison Committee encourages AILA chapters and members to build working relationships with these CROs in order to resolve issues of concern at the local level.
BIA Holds Colorado Third Degree Assault Not a CIMT
Unpublished BIA decision reopens proceedings sua sponte in light of arguments that third degree assault under Colo. Rev. Stat. 18-3-204 is not a CIMT. Special thanks to IRAC. (Matter of S-B-D-, 1/11/17)
CA5 Says Arizona Conviction for Attempted Transportation of Marijuana for Sale Is an Aggravated Felony
The court held that Ariz. Rev. Stat. §13-3405(A)(4), under which petitioner was convicted for attempted transportation of marijuana for sale, is divisible, and that the modified categorical approach confirmed that he was convicted of an aggravated felony. (Ibanez-Beltran v. Lynch, 1/11/17)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/17 and ending 3/31/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.44 per centum per annum. (82 FR 3074, 1/10/17)
CA7 Says Parent of Three U.S. Citizen Children Not Eligible to Seek Deferred Action
The court dismissed the petition for review, holding that because DHS “is committed to the ruling by the Fifth Circuit in Texas v. United States” which upheld a preliminary injunction against the implementation of DAPA, the petition was moot. (Robledo-Soto v. Lynch, 1/10/17)
CRS Report on Sanctuary Jurisdictions
The Congressional Research Service provides a report describing ICE’s Criminal Alien Programs and the resources dedicated to immigration interior enforcement programs and sanctuary jurisdictions. The report also includes incarceration data at federal, state, and local levels of criminal aliens.