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
DHS Notice on Providing Executive Action Feedback
DHS provided a notice with links to the public feedback mechanisms for questions about the new DHS enforcement priorities, the expanded deferred action programs, or if an individual believes they are eligible for one of the new initiatives.
BIA Remands After Submission of Divorce Certificate on Appeal
Unpublished BIA decision remands record for consideration of waiver under INA 216(c)(4)(A) in light of submission on appeal of divorce certificate that prior attorney erroneously said did not exist. Special thanks to IRAC. (Matter of Cubero, 2/4/15)
BIA Takes Administrative Notice of Information in Internal CASE Database
Unpublished BIA decision reopens proceedings sua sponte after taking administrative notice of record in internal CASE database that respondent appeared at immigration court window on date of hearing and received an in absentia order. Special thanks to IRAC. (Matter of Salcido-Rocha, 2/4/15)
DHS OIG Report on ICE Alternatives to Detention
DHS OIG issued a report on the ICE Intensive Supervision Appearance Program and provided five recommendations aimed at improving ICE’s management of its alien release decisions and terms of release.
USCIS Executive Summary from DACA Expansion Teleconference
USCIS executive summary from the 1/13/15 teleconference discussing the expansion of DACA.
House Judiciary Hearing on Enforcing Nation’s Immigration Laws
A 2/3/15 hearing in the House Judiciary Committee on, “Examining the Adequacy and Enforcement of Our Nation’s Immigration Laws."
CRS Report on Foreign National Removals and Returns
A Congressional Research Service report on the removal process for a foreign national, including reasons for removal, alternative forms of removal (returns), statistics, and relief from removal.
CRCL Newsletter, February 2015 (Vol. 5, No. 5)
The Office for Civil Rights and Civil Liberties (CRCL) released its February 2015 newsletter, which included articles on the DHS FY2016 budget, CRCL’s role in executive actions, CRCL monitoring of conditions at family detention centers, E-Verify videos, and more.
VOICE: February 2015
In the February 2015 VOICE, learn about ethically representing children in removal proceedings, contesting restitution and loss findings in aggravated felony cases, 10 tips to help combat notario fraud, and more!
USCIS Updates Fliers on Expanded DACA and Preparing for DAPA
USCIS provides two new fliers on expanded DACA and DAPA. Both flyers are available on USCIS’s website for free and are available in English and Spanish. The fliers highlight that expanded DACA will be available on 2/18/15 and that DAPA will be available in mid-to-late May.
EOIR Immigration Court Closings for 2014
EOIR alert that the Chicago, Detroit, Fishkill, Hartford, Omaha, and Ulster Immigration Courts are closed on 2/2/15. The Newark and Elizabeth Immigration Courts opened at 9:30am and the Boston and Cleveland Immigration Courts opened at 10am on 2/2/15.
DOJ OIL February 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2015, with articles on Texas v. United States and the role of the Administrative Appeals Office (AAO), as well as USCIS updates and summaries of circuit court decisions for February 2015.
Immigration Law Advisor, February 2015 (Vol. 9, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on asylum and withholding of removal claims involving corruption and whistleblowing, as well as circuit court decisions for January 2015, recent BIA precedent decisions, and a regulatory update.
BIA Finds Pennsylvania Statute Does Not Categorically Involve Child Pornography
Unpublished BIA decision holds 18 Pa. Cons. Stat. 6312(d) is not an aggravated felony relating to child pornography, because it applies to possession of images that do not involve sexually explicit depictions of minors. Special thanks to IRAC. (Matter of Calderon, 1/30/15)
BIA Holds Deterrence of Future Migration Not Valid Basis to Deny Bond
Unpublished BIA decision denies DHS appeal of order granting $5,000 bond, stating "the extraordinary remedy of continued detention of the respondents without bond in order deter future waves of mass migration is not warranted." Special thanks to IRAC. (Matter of A-M-D-, 1/30/15)
CA5 Denies Petition for Review Due to Insufficient Evidence
In a nonprecedential decision, the court denied the petition for review due to insufficient evidence to compel a different conclusion from that reached by BIA that petitioner and his family would be tortured if they returned to Mexico due to a property dispute. (Vasquez v. Holder, 1/30/15)
USCIS to Begin Accepting Requests for Expanded DACA on 2/18/15
USCIS alert that individuals can begin requesting DACA under the revised guidance established as part of President Obama’s executive actions on immigration on 2/18/15. USCIS also warns the public to be extra careful to avoid immigration scams.
AILA: Mass Detention of Asylum-Seekers is a Humanitarian Disaster
AILA statement submitted to the U.S. Commission on Civil Rights for a 1/30/15 briefing titled “State of Civil Rights at Immigration Detention Facilities.”
AILA Notes from SCOPS Teleconference (1/21/15)
AILA notes from a teleconference with SCOPS on 1/21/15. Topics include DACA renewals, delays in green card production, RFE trends, H-1B petitions, derivatives’ applications separated from principals’ applications, G-28s in humanitarian reinstatement cases, and photo requirements.
AILA Law Student E-News, January 2015 (Vol. 7, No. 2)
This latest edition brings you how students can make a career out of their AILA membership, getting started in immigration law research, expert tips on succeeding in private practice, and a captivating piece on the now defunct Artesia detention center.
Ethical Issues in Representing Children in Immigration Proceedings
When representing children in removal proceedings, it is critical that attorneys always keep the child’s competence in mind when communicating, and use techniques that are uniquely suited to dealing with children. Learn more in this ethics article from AILA’s PPC.
CA8 Denies Petition for Review of Cancellation and Asylum Applications
The court upheld BIA’s denial of asylum, where petitioner failed to show he had a well-founded fear of persecution based on membership in a particular social group, as being perceived as wealthy because of U.S. residency is not a recognized social group. (Guerrero v. Holder, 1/29/15)
USCIS Information on the President’s Executive Actions on Immigration
USCIS information on the initiatives included in the President’s 11/20/14 executive actions on immigration, included are summaries of the planned initiatives by USCIS with who is eligible, what the initiatives will do, when a request can be made, and how to make that request.
BIA Reverses Denial of Continuance to Submit Updated Evidence for Adjustment Application
Unpublished BIA decision remands for further consideration of respondent’s I-485, noting that his financial and medical documentation grew stale only because the IJ continued proceedings for three years on his own motion. Special thanks to IRAC. (Matter of Ibrahim, 1/28/15)
AAO Sustained I-212 Waiver After Appeal Claims Field Office Applied Wrong Hardship Standard
In a non-precedent decision, the AAO reversed an I-212 waiver denial, finding applicant’s lack of criminal record, approved Form I -130, and hardship to both the applicant and her USC spouse outweigh her 53 days of being out of status and unauthorized employment. Courtesy of Daniel Shanfield