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
2014 Executive Action White House Pocket Card
A 11/20/14 White House produced a pocket guide for understanding the President’s 2014 executive action on immigration.
White House Fact Sheet on 2014 Executive Action
An 11/20/14 White House fact sheet on the President’s 2014 executive action on immigration.
White House Talking Points on 2014 Executive Action
Talking points produced by the White House on 11/20/14 on the President’s 2014 executive action on immigration.
DHS Memo on ICE Personnel Reform
A 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the Personnel Reform for Immigration and Customs Enforcement Officers included in the 2014 Executive Action.
DHS Memo Discontinuing Secure Communities
A 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the dismantling of the Secure Communities program included in the 2014 Executive Action.
DHS Memo with Updated Policies on the Apprehension, Detention, and Removal of Undocumented Immigrants
An 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the prosecutorial discretion directives included in the 2014 Executive Action.
DHS Memo on Exercising Prosecutorial Discretion and Deferred Action
An 11/20/14 memo from DHS Secretary Johnson to USCIS, ICE, and CBP on exercising prosecutorial discretion (PD) for individuals who came to the U.S. as children and to certain individuals whose parents are U.S. citizens or permanent residents. This memo supplements and amends the 6/15/12 PD DHS memo.
BIA Reverses Finding that Adjustment Application Was Abandoned
Unpublished BIA decision finds IJ erred in deeming adjustment abandoned for failure to submit tax record by court-imposed deadline. The BIA held that IJ may only deem the opportunity to file supporting documents to be waived. Special thanks to IRAC. (Matter of Opoku, 11/20/14)
Letter to President Obama from Refugee and Asylee Groups on Family Detention
An 11/20/14 letter from AILA and refugees and asylum organizations to President Obama urging him to address the fundamental problems with the detention and expedited deportation of children and their mothers as he considers taking executive action to reform the immigration system.
BIA Remands Motion to Reopen Denial for Russian Respondent
Unpublished BIA decision remanding, finding that given the current country conditions in Russia, the events described by respondent establish a reasonable likelihood that statutory requirements for relief sought have been satisfied. Courtesy of Alexander Segal.
DHS Authority to Prioritize and Defer Removal
DOJ Office of Legal Counsel memorandum to DHS and the President concluding that DHS’s proposed prioritization policy and deferred action for parents of USCs and LPRs would be legally permissible, but that a proposed deferred action program for parents of DACA recipients would not be permissible.
TRAC Report Finds Immigration Court Filings Rise by 12%
TRAC report finding that during FY2014, DHS filed 222,956 removal orders in immigration court, up 12.2% from FY2013. Despite the increase, there was a substantial drop in the removals based on allegations of criminal activity. Only 20,217 of the total FY2014 filings were based on a criminal offense.
AILA Quicktake #109: Artesia Closing
Lead attorney for the Artesia Pro Bono Project Christina Brown shares what's happening on the ground in Artesia after ICE’s announcement that the Artesia family detention will be closed as a larger facility in Dilley, Texas, opens.
CA9 Says BIA Erred in Concluding California Spousal Abuse Is a CIMT
The panel held the BIA erred by looking to evidence outside the record of conviction to conclude that petitioner was convicted of spousal abuse under California Penal Code §273.5(a), and also remanded to consider if he was eligible for petty offense exception. (Vargas v. Holder, 11/19/14)
CA4 Says Stop-Time Rule Has Impermissible Retroactive Effect on 1995 Theft Offense
The court remanded, finding that the 1996 stop-time rule of INA §240A(d)(1) had an impermissible retroactive effect on petitioner’s 1995 credit card theft offense and he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jaghoori v. Holder, 11/18/14)
Practice Pointer: Raising DACA Cases Denied Because of Administrative Error
NSC Liaison Committee practice pointer on how to raise DACA cases that are denied because of administrative error.
AILA: Administration’s Shell Game Doesn’t Change the Need to End Inhumane Family Detention
As ICE announced the imminent closure of the Artesia, NM detention facility and the shift to new facilities in Texas, AILA Executive Director Crystal Williams stated, “All this does is move the shame of detaining children and their mothers to a different state without solving a single problem.”
ICE To Close Artesia, Moves Forward with Opening Dilley
ICE press release announcing that as of 11/7/14, ICE ceased intake of individuals at the Artesia detention center and has begun the draw-down process to cease operations at Artesia by the end of 2014. ICE plans to open a new family detention center in Dilley, Texas in December 2014.
Letter to President Obama on Family Detention and Executive Action
A 11/18/14 letter from AILA and 135 advocacy, legal, service and other organizations to President Obama urging him to address the fundamental problems with the detention and expedited deportation of children and their mothers as he considers taking executive action to reform the immigration system.
BIA Terminates Proceedings In Interest of Justice Despite Prior Concession of Removability
Unpublished BIA decision terminates proceedings in the interest of justice and despite prior concession of removability by pro se respondent upon finding misdemeanor assault under Ariz. Rev. Stat. 13-1203(a)(1) is not a crime of violence. Special thanks to IRAC. (Matter of N-V-, 11/18/14)
AILA Liaison/NBC Q&As (11/18/14)
Q&As from the AILA NBC Liaison Committee’s 11/18/14 meeting with USCIS National Benefits Center. Topics include: new initiatives and staffing changes; I-601A adjudication, RFEs and denials; I-191s; interview-waiver and VAWA adjustment of status cases; G-28 issues and I-824 processing.
AILA Comments on EOIR Proposed Rule on Separate Representation for Custody and Bond Proceedings
AILA’s comments in response to EOIR’s proposed rule, published in the Federal Register on 9/17/14, to allow a representative before EOIR to enter an appearance in custody and bond proceedings, without such appearance constituting an entry for all of the respondent’s proceedings.
NIJC Infographic Showing How Erroneous Expedited Removals Derail Future Asylum Claims
Infographic created by NIJC to illustrate how CBP officers’ failure to properly screen individuals to determine whether they have a fear of returning to their home countries can lead to erroneous expedited removals and derail future asylum claims.
CA8 Says Petitioner Did Not Present Sufficient Evidence of Fourth Amendment Violations
The court found petitioner did not present sufficient evidence that the officer egregiously violated his Fourth Amendment rights, and the lack of opportunity to cross examine the immigration officer who prepared Form I-213 did not deny him due process. (Chavez-Castillo v. Holder, 11/17/14)
CA4 Upholds Asylum Denial for Indonesian Christian
The court held substantial evidence supported the BIA’s determination that petitioner did not qualify for asylum as a Christian Indonesian, and that accounts in country reports and articles with her application were insufficient to compel a contrary conclusion. (Mulyani v. Holder, 11/14/14)