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
BIA Finds Allegations in Affidavit Constitute Egregious Fourth Amendment Violation
Unpublished BIA decision orders further consideration of motion to suppress upon finding allegations involving warrantless home entry by ICE agents constituted egregious Fourth Amendment violation. Special thanks to IRAC. (Matter of Espana, 11/25/14)
USCIS Additional Comment Period on Form I-212
USCIS 30-day notice of request for additional comments on Form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal. Comments are now due 12/24/14. (79 FR 69875, 11/24/14)
Legal Scholars Letter on President Authority to Exercise Discretion
A letter from 135 law professors on the legal basis for granting certain noncitizens in the United States “deferred action” status as a temporary reprieve from deportation.
TRAC Report Finds Unaccompanied Children Are Represented in One-Third of Cases
TRAC report finding that unaccompanied children are represented by an attorney in only about one-third (32%) of 63,721 cases pending in immigration court as of 10/3/14. For cases decided before FY2012, nearly 73% of children who were represented were allowed to remain in the U.S.
AIM: Artesia from a Distance
For November's Interview of the Month, member of AILA's Media Advocacy Committee and Artesia volunteer Dree Collopy discusses returning from Artesia and taking a case through merits for an Artesia client while being long-distance.
BIA Finds Alleged Facts Constitute Egregious Fourth Amendment Violation
Unpublished BIA decision vacating and remanding, finding petitioner is entitled to a hearing in support of his motion to suppress evidence since the alleged facts regarding the unlawful search and seizure constitute an egregious violation of the Fourth Amendment. Courtesy of Jonathan S. Greene.
USCIS Additional Comment Period on Form I-690
USCIS 30-day notice of request for additional comments on Form I-690, Application for Waiver of Grounds for Excludability. Comments are now due 12/24/14. (79 FR 69873, 11/24/14)
CA4 Says Petitioner Who Falsely Claims Citizenship on Form I-9 Is Inadmissible
The court held that the petitioner falsely claimed to be a U.S. citizen on Forms I-9 in seeking the immigration benefit of private employment and is inadmissible under the false claim bar, and the BIA correctly affirmed that he is not eligible for adjustment. (Dakura v. Holder, 11/24/14)
AILA’s Take on President Obama’s Immigration Executive Action
AILA’s summary and analysis of President Obama’s “Immigration Accountability Executive Action” plan announced 11/20/14.
EOIR Swears in Two Immigration Judges
EOIR press release that Glen Baker has been sworn in as an Immigration Judge in the Salt Lake City Immigration Court and that Myrna Mesa has been sworn in as an Immigration Judge in the New Orleans Immigration Court.
CRS Report on Obama’s November 2014 Immigration Initiatives
Congressional Research Service (CRS) report on the Obama Administration’s November 2014 immigration initiatives. The report discusses what actions are being taken, legal authority and constraints, DACA, standing for challenging the initiatives, and historical precedent for the actions.
BIA Orders Further Consideration of Request for Continuance
Unpublished BIA decision orders further consideration of request for continuance because IJ voiced concerns about internal case completion goals without analyzing merits of respondent’s motion. Special thanks to IRAC. (Matter of Kharbach, 11/24/14)
AILA Liaison CBP Meeting Minutes with Supplemental Committee Notes (11/21/14)
The AILA CBP Liaison Committee provides approved Q&As and supplemental notes from their meeting with CBP on 11/21/14. Topics include body cameras, use of force training, credible fear interviews, I-94 automation, blanket L validity, FOIAs, ARO, Trusted Traveler, and advance parole.
AILA/CBP Liaison Q&As (11/21/14)
Official questions and answers from the 11/21/14 AILA liaison meeting with CBP. Topics include body cameras, use of force training, temperatures at CBP detention facilities, credible fear interviews, I-94 automation, blanket L validity, FOIAs, ARO, Trusted Traveler, and advance parole.
DHS Memo on Parole for Families of U.S. Armed Forces Members and Enlistees
A 11/20/14 memo from DHS directing USCIS to issue new policies on use of parole-in-place and deferred action for certain family members of enlistees and the availability of deferred action to undocumented family members of U.S. military members and veterans who were inspected and lawfully admitted.
President Remarks on Executive Action on 11/21/14
The transcript of President Obama’s 11/21/14 remarks in Las Vegas, Nevada on his plans to use his executive authority to take action on immigration, including providing protection from deportation for parents of U.S. citizen and lawful permanent resident children.
AILA Quicktake #110: President Obama's Executive Action Announcement
AILA President Leslie Holman responds to President Obama's announcement on executive action, where is he is using his legal authority to protect millions of people from deportation and fix some other parts of our broken immigration system.
CA5 Finds BIA Abused its Discretion by Denying MTR
The court found the BIA committed legal error by determining that the petitioner was properly given notice through a notice of hearing addressed to the petitioner’s brother, and therefore abused its discretion by denying the motion to reopen (MTR). (Barrios-Cantarero v. Holder, 11/21/14)
District Court Complaint Seeks to Enjoin Executive Actions on Immigration
Complaint filed on behalf of Arizona Sheriff Joe Arpaio, seeking to enjoin the DACA program and President Obama’s executive actions on immigration, alleging that they are unconstitutional, violate the APA, and will cause irreversible harm. (Arpaio v. Obama, 11/20/14)
AILA Amicus Brief Argues Colorado Third Degree Assault Is Not CIMT
AILA amicus brief arguing that Colorado third degree assault is not a divisible statute, and because the least culpable conduct does not involve moral turpitude, a conviction is categorically not a crime involving moral turpitude.
BIA on Assessing Recognition for Organization Associated with For-Profit Venture
The BIA held that where an organization is associated with a for-profit venture, the BIA will not approve an application for recognition unless it is confident it will not be influenced by pecuniary interests. Matter of St. Francis Cabrini Immigration Law Center, 26 I&N Dec. 445 (BIA 2014)
BIA on Assessing an Organization’s Application for Recognition
The BIA held that when assessing an application for recognition, the BIA makes an individualized determination whether the applicant’s fees qualify as “nominal charges” and whether its fee structure provides competent low-cost legal services. Matter of Ayuda, 26 I&N Dec. 449 (BIA 2014)
BIA Says Recognized Organization Need Only Apply for Representative’s Accreditation at One Location
The BIA held a recognized organization need only apply for accreditation at one location, and if approved, that representative may thereafter practice at any branch location of the organization that has been recognized by the BIA. Matter of United Farmworkers Foundation, 26 I&N Dec. 454 (BIA)
President's Remarks on Immigration on 11/20/14
The transcript of President Obama’s 11/20/14 remarks to the nation on his plans to use his executive authority to take action on immigration, including providing protection from deportation for parents of U.S. citizen and lawful permanent resident children.
The President’s Immigration Accountability Executive Actions
Based on a briefing on 11/20/14 by the White House, the following is a summary of the elements expected to be part of the Administration’s announcement of executive actions on immigration. AILA’s understanding is that details (and memos) are still being finalized at this time.