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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
VOICE: December 2014
In the December 2014 VOICE, learn about the importance of a solid game plan when handling removal cases, one attorney and mother’s path to starting her own practice, tips on pursuing an internship, the benefits of AILA’s liability insurance, and more!
BIA Finds Respondent Has “Absolute Right” to View A-File
Unpublished BIA decision remands record to allow DHS to comply with Dent v. Holder, 627 F.3d 365 (9th Cir. 2010), which it says provides respondents an “absolute right” to view contents of A-file. Special thanks to IRAC. (Matter of Lopez-Lopez, 12/11/14)
BIA Finds Violation of Protective Order Must Relate to Domestic Violence
Unpublished BIA decision orders further consideration of whether respondent is removable under INA 237(a)(2)(E)(ii) because the IJ did not determine whether the protective order he violated was issued to prevent domestic violence. Special thanks to IRAC. (Matter of Umanzor Cabrera, 12/11/14)
DHS OIG Alert on Safety Issues at ICE Facility in San Pedro, CA
DHS Office of Inspector General (OIG) management alert on 12/11/14 identifying serious safety issues at the San Pedro, CA Service Processing Center and recommending that the building be vacated immediately until all safety issues are corrected or until ICE determines the facility is safe.
AILA Statement for Senate Judiciary Hearing on Keeping Families Together
AILA statement submitted to the Senate Judiciary Committee for the 12/10/14 hearing on " Keeping Families Together: The President’s Executive Action On Immigration And The Need To Pass Comprehensive Reform."
BIA Says Respondent Is Eligible for Withholding on Account of His Political Opinion
Unpublished BIA decision sustaining appeal from withholding denial, finding the violence and intimidation that respondent faced in Belarus, including being convicted and detained for 15 days, and having been kicked and punched by the police, constitute past persecution. Courtesy of Alexander Segal.
BIA on Continuous Physical Presence for Cancellation of Removal
The BIA held an alien’s departure from the U.S. following a criminal conviction for illegal entry under INA §275(a)(1), interrupts 10-year period of continuous physical presence required to establish cancellation under INA §240A(b)(1). Matter of Velasquez-Cruz, 26 I&N, Dec. 445 (BIA 2014)
BIA Finds IJ Should Have Granted Newly Retained Attorney Additional Time to Prepare
Unpublished BIA decision finds the IJ erred in failing to continue proceedings to allow the respondent’s newly retained attorney additional time to review the record and prepare her case. Special thanks to IRAC. (Matter of Moses, 12/9/14)
Do You Have a “Former Gang Member” Case on Appeal to a Circuit Court? Tell the AILA Amicus Committee!
AILA's Amicus Committee seeks asylum/withholding cases currently on appeal to a circuit court, where the BIA has applied its recent precedent, Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) and refused to recognize a proposed "particular social group" composed of former gang members.
DHS Fact Sheet on Department of Justice Racial Profiling Guidance
DHS fact sheet on U.S. Department of Justice racial profiling guidance and its application to Department of Homeland Security activities.
Practice Advisory: Preventing Removal of DAPA- or Expanded DACA-Eligible Individuals
The American Immigration Council and the National Immigration Project issued a joint practice advisory that offers strategies to facilitate the release from custody or prevent the removal of individuals who qualify for Expanded DACA or DAPA or are otherwise not enforcement priorities.
CA2 Finds Economic Harm May Amount to Fear of Future Persecution
The court granted the petition as it pertained to feared future persecution, finding that imposition of an extraordinarily severe fine, even without payment, can support an alien’s well-founded fear of future economic persecution if returned to his native country. (Chen v. Holder, 12/5/14)
BIA Finds Attorney Did Not Voluntarily Waive Client’s Right to Appeal
Unpublished BIA decision finds an attorney’s waiver of appeal was not voluntary because the waiver was made after the IJ said the attorney would be subject to sanctions for filing a frivolous appeal. Special thanks to IRAC. (Matter of Fairclough, 12/4/14)
Letter to Senate Appropriators on EOIR Funding
A 12/4/14 letter from AILA and other advocacy, legal, service and other organizations to Senate Appropriations Chair Mikulski (D-MD) and Ranking Member Shelby (R-AL) asking for increased funding for the immigration courts, legal counsel for vulnerable populations and legal orientation programs.
Letter to Senate Appropriators on Detention Funding
A 12/4/14 letter from AILA and numerous other advocacy, legal, service and other organizations to Senate Appropriations Committee members asking them to reject any family detention funding and increase the funding for alternatives to detention.
District Court Complaint Alleges Immigration Actions Violate Constitution and APA
Complaint filed by 17 states in U.S. district court seeking declaratory and injunctive relief, alleging that the Obama Administration’s immigration executive actions violate Take Care Clause of U.S. Constitution and Administrative Procedure Act (APA). (Texas, et. al, v. U.S., 12/3/14)
AILA Liaison Notes from Teleconference with USCIS Customer Service (12/2/14)
AILA notes from 12/2/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including: the new myUSCIS system, DACA renewal processing times, Secure Mail Initiative and LPR card issues, and Lockbox procedures.
AILA Statement for House Judiciary Hearing on Executive Action
AILA statement submitted to the House Judiciary Committee for the 12/2/14 hearing on "President Obama's Executive Overreach on Immigration."
AILA Statement for House Homeland Hearing on Executive Action
AILA statement submitted to the House Homeland Security Committee for the 12/2/14 hearing on "Open Borders: The Impact of Presidential Amnesty on Border Security."
Immigration Law Advisor, November-December 2014 (Vol. 8, No. 9)
The November-December 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the immigration consequences of a burglary conviction, circuit court decisions for October and November 2014, recent BIA precedent decisions, and a regulatory update.
EOIR Relocating Memphis Immigration Court
EOIR press release announcing that the Memphis Immigration Court will close on 12/10/14 at noon to prepare for relocation. The Memphis Immigration Court will recommence hearings at its new location on 12/15/14. New contact information is included in the notice.
DOJ OIL December 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for December 2014, with an article on Abdisalan v. Holder and a report on ICE’s enforcement and removal operations, as well as summaries of circuit court decisions for December 2014.
Former General and Chief Counsels Affirm Law Professor Letter on Presidential Authority to Exercise Discretion
A letter from former General Counsels of INS and former Chief Counsels of USCIS affirming that they agree wholeheartedly with the legal analysis and conclusions of law professors on the legal basis for granting certain noncitizens in the U.S. deferred action as a temporary reprieve from deportation.
BIA Finds Federal Computer Intrusion is Not a CIMT
Unpublished BIA decision finds computer intrusion under 18 U.S.C. 1030(a)(5)(A)(i) and (B)(i) is not a crime involving moral turpitude (CIMT). Special thanks to IRAC. (Matter of Makwana, 11/26/14)
BIA Finds Misdemeanor California False Imprisonment Is Not a CIMT
Unpublished BIA decision remands and finds misdemeanor false imprisonment under Cal. Penal Code 236 is not a CIMT under the categorical approach and that the statute is not divisible under Descamps v. United States. Special thanks to IRAC. (Matter of B-G-, 11/25/14)