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
AIM: DOMA and Immigration
For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.
AILA Quicktake #103: Granting Asylum for Artesia Detainees
AILA member and Artesia volunteer Kim Hunter shares her client's experience in being kept in detention after being granted asylum.
EOIR Updates to Immigration Court Practice Manual
This page contains updates to EOIR’s Immigration Court Practice Manual.
CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT
The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)
CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission
The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)
IJ Terminates Removal Proceedings Since DHS Did Not Serve Identical NTAs
The IJ terminated the removal proceedings without prejudice, since the court and the respondent did not receive identical versions of the Notice to Appear (NTA). Courtesy of Vivian Szawarc.
HHS Funding to Support Legal Services for Unaccompanied Children
HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)
Senate Democrats Press DHS Against Expansion of Family Detention System
A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.
AIC Report on CBP Restrictions on Access to Counsel (Updated 10/29/14)
The American Immigration Council provides a summary of CBP policies related to access to counsel, based on documents obtained through a FOIA request. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
Report Finding Returned Central American Migrants Face Serious Harm
Human Rights Watch (HRW) report with accounts from Central Americans in U.S. detention or who were recently deported to Honduras, finding that border officers failed to identify individuals facing serious risks and that some deported individuals provide accounts that should qualify them for asylum.
Domestic Violence Advocates Call for End of Family Detention
A statement from advocates of survivors of domestic violence and sexual assault calling for an end to the use of detention centers for immigrant women and children fleeing violence.
CA9 Says Arizona Law Denying Bail to Undocumented Immigrants Charged with Crimes Is Unconstitutional
The court held that Arizona’s Proposition 100 laws violated the substantive component of the Due Process Clause of the 14th Amendment, because the laws were not narrowly tailored to serve a compelling governmental interest. (Lopez-Valenzuela v. Arpaio, 10/15/14)
AILA Quicktake #102: Karnes Family Detention Center
AILA Second Vice President Annaluisa Padilla joins to discuss her recent experience touring the family detention center located in Karnes, Texas, where she had the opportunity to meet with some of the detainees.
BIA Grants Interlocutory Appeals Seeking Change of Venue
Unpublished BIA decision grants interlocutory appeals of decision denying motion to change venue from Dallas to San Francisco in light of court’s proximity to respondent’s residence, witnesses, and attorney of record. Special thanks to IRAC. (Matter of Ventura-Ventura, 10/15/14)
BIA Vacates IJ Decision That Adopts Position of DHS Without Explanation
Unpublished BIA decision remands record because IJ decision stated without explanation, “I agree with and adopt the reasoning of the DHS motion.” Special thanks to IRAC. (Matter of Garcia, 10/15/14)
CA5 Finds Petitioner Knowingly and Intelligently Waived Appellate Rights
The court denied the petition for review, concluding that the record amply supported the BIA’s finding that the petitioner knowingly and intelligently waived his appellate rights at his initial hearing. (Martinez v. Holder, 10/15/14)
CA8 Affirms Withholding Denial for Petitioner Who Suffered Child Abuse in Hong Kong
The court affirmed the withholding denial, finding that substantial evidence supported the determination that the petitioner's age represented a fundamental change in circumstances such that her life and freedom would not be threatened if she returned to Hong Kong. (Hui v. Holder, 10/14/14)
BIA Reopens Sua Sponte in Light of Supreme Court Decision in Vartelas
Unpublished BIA decision reopens proceedings sua sponte in light of Supreme Court decision in Vartelas v. Holder to consider evidence that trip abroad was "innocent, casual, and brief." Special thanks to IRAC. (Matter of Liriano, 10/14/14)
GAO Report on Immigration Detention
GAO October 2014 report on costs, standards, and oversight across different types of ICE detention facilities, finding that ICE does not have complete data for managing detention costs and standards across facilities and facility types.
ICE Will Provide Children at Artesia with Education
ICE press release announcing children at the Artesia Family Residential Center will be provided with one-hour daily instruction blocks in subjects including science, social studies, mathematics, reading, writing, and physical education. AMIkids will manage and administer the program.
Practice Alert: EOIR Update on FY2015 Suspension/Non-LPR Cancellation Cap
EOIR has advised AILA that the 4,000 cancellation grants available in FY2015 will likely be exceeded by the decisions currently held in reserve. Because of this, immigration judges have been instructed to continue to follow the procedures set forth in OPPM 12-01.
CA9 Vacates Removal Order for California §11351 Offense and Remands with Instructions to Terminate Proceedings
The court withdrew its 9/19/14 decision, holding that as the abstract of judgment did not offer clear and convincing evidence about what petitioner pleaded guilty to, DHS failed to establish the conviction was an aggravated felony or controlled substance offense. (Medina v. Holder, 10/10/14)
NSC Liaison Q&As from Asylum/Refugee Issues Teleconference (10/9/14)
The NSC Liaison Committee’s unofficial Q&As from the 10/9/14 teleconference on refugee and asylum issues with NSC. Topics include: I-765 eligibility for individuals with convictions, I-131 fee waivers, I-730s, adjustment of status, G-28s, and TRIG issues.
AILA/USCIS Field Operations Liaison Q&As (10/9/14)
USCIS Field Operations Q&As from a 10/9/14 liaison meeting. Topics include: stand-alone I-130s, interview-waiver eligible I-485s, Forms I-90, biometrics for individuals in removal proceedings, Matter of Arrabally/Yerrabelly, processing time reports, and availability of InfoPass appointments.
AILA/USCIS HQ Liaison Q&As (10/9/14)
Official questions and answers from the 10/9/14 AILA liaison meeting with USCIS HQ. Topics include forthcoming guidance; burdensome RFEs for L-1A, L-1B, H-1B, O-2, and P-1 petitions; I-693 medical examination policy; I-130 appeal delays; FDNS site visits; and EB-2 I-140s for physical therapists.