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
TRAC Report on New Data on Unaccompanied Children in Immigration Court
Transactional Records Access Clearinghouse (TRAC) report finding that the more than 100,000 case records obtained show almost half of the unaccompanied alien children (UAC) appeared in court without an attorney. Report includes new tool for UAC cases as well as data on representation of UACs.
Senator Flake (R-AZ) Amendment to Weaken the TVPRA
On 7/9/14 Sen. Flake (R-AZ) filed an amendment (to an unrelated bill) to amend the Trafficking Victims Protection Reauthorization Act of 2008 to allow for the expedited removal of unaccompanied minors from non-contiguous countries.
Senate Homeland Security Committee Hearing on Root Causes Behind Rise in UACs
A 7/16/14 hearing in the Senate Homeland Security Committee on, “Challenges at the Border: Examining and Addressing the Root Causes Behind the Rise in Apprehensions at the Southern Border.”
Senate Foreign Relations Committee Hearing on UACs
A 7/17/14 hearing in the Senate Foreign Relations Committee on, “Dangerous Passage: Central America in Crisis and the Exodus of Unaccompanied Minors,” presided by Senator Menendez (D-NJ).
Law Professors Letter of Fairness for Central American Children
A 7/14/14 letter to President Obama signed by 112 professors and researchers with experience teaching and practicing in the areas of immigration, human rights, and international law urging him to maintain the obligations to treat children differently under immigration laws and uphold the TVPRA.
DOL TEGL on DACA Recipient Eligibility for DOL Programs
DOL Training and Employment Guidance Letter (TELG) No. 02-14 provides guidance to states and recipients concerning the eligibility of individuals granted relief under DACA with employment authorization for program eligibility for Workforce Investment Act and Wagner-Peyser Act programs.
CA1 Declines to Review Withholding Denial for Petitioner from Brazil
The court upheld the BIA’s finding that the petitioner feared harm in Brazil as a result of a personal dispute and not on account of membership in his immediate family or as part of the social group of people who help Brazilian women escape violent relationships. (Moura v. Holder, 7/14/14)
CA1 Finds Activity Before and After Marriage Is Relevant to Good Faith Inquiry
The court found that the petitioner, who applied for a waiver to remove conditions after her divorce, failed to meet the good faith burden, as activity before and after the moment of marriage was relevant to the inquiry. (Lin v. Holder, 7/14/14)
CA1 Says Connecticut Child Pornography Conviction Is an Aggravated Felony
The court denied the petition, finding the BIA correctly concluded that it necessarily established that the conviction of possession of child pornography under §53a-193(13)(2003) of the Connecticut statute was an aggravated felony under INA §101(a)(43)(I). (Kaufmann v. Holder, 7/14/14)
CA7 Applies Chevron Deference to BIA’s Interpretation of INA §240A(b)(1)(C)
The court agreed with the BIA that an alien convicted of an offense under INA §237(a)(2) is ineligible for cancellation under INA §240A(b)(1)(C), regardless of whether he is charged with removal under §212 as an inadmissible alien or §237 as a deportable alien. (Coyomani v. Holder, 7/14/14)
CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations
The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. (Ortiz-Estrada v. Holder, 7/3/14)
CA4 Affirms Denial of NACARA Relief Due to Persecutor’s Bar
The court found the BIA did not err in ruling the petitioner was ineligible for special rule cancellation of removal under NACARA, as during his service in the Salvadoran military, he assisted in persecution of individuals because of their political views. (Quitanilla v. Holder, 7/14/14)
CA8 Says Denial of Motion to Suppress Records Did Not Violate Statutory Rights
The court upheld the adjustment denial, finding that it was not a violation of petitioner’s statutory rights to deny the motion to suppress the I-9 Forms and educational records, as these documents contained her false statements of U.S. citizenship. (Downs v. Holder, 7/14/14)
BIA Orders Further Consideration of Motion to Suppress Based on Local Traffic Stop
Unpublished BIA decision remands for further consideration of motion to suppress because the IJ failed to assess the legality of the initial traffic stop by the Maryland Transportation Authority. Special thanks to IRAC. (Matter of Sanchez, 7/11/14)
BIA Says No Need to Spend 10-Year Bar Under INA §212(a)(9)(A)(ii) Outside the U.S.
Unpublished BIA decision finding that respondent was not inadmissible under INA §212(a)(9)(A)(ii) and therefore, did not require an I-212 waiver, since more than 10 years had passed since the time he was ordered removed in 2002, even though he reentered in 2006. Courtesy of Araceli Perez-Brizo.
BIA Remands to Consider Claim Involving “Interfiling” of I-140
Unpublished BIA decision remands for further consideration of the respondent’s adjustment application and first Form I-140 and whether he maintained lawful status in light of the “interfiling” of a second I-140 that was found to be fraudulent. Special thanks to IRAC. (Matter of Hong, 4/29/14)
EOIR Interim Rule on Designation of Temporary Immigration Judges
EOIR interim rule to allow former Board members, former IJs, and administrative law judges employed within or retired from EOIR and other agencies to act as temporary immigration judges for renewable six-month terms. Rule is effective 7/11/14. Comments due by 9/9/14. (79 FR 39953, 7/11/14)
Talking Points on Proposals to Roll Back TVPRA Protections for UACs (Updated 7/16/14)
Talking Points on why Congress should not roll back protections for unaccompanied children from non-contiguous countries guaranteed under the TVPRA. Authored by the Women’s Refugee Commission, First Focus Campaign for Children, The Voices and Faces Protect and AILA.
AILA Quicktake #89: Senate Hearing on the President's Emergency Supplemental Request
AILA Advocacy Director Greg Chen provides an analysis on yesterday's Senate Appropriations Committee hearing titled, "Review of the President's Emergency Supplemental Request for Unaccompanied Children and Related Matters."
Senate Appropriations Hearing on President's Emergency Supplemental Request for UAC Matters
A 7/10/14 hearing in the Senate Appropriations committee, “Review of the President’s Emergency Supplemental Request for Unaccompanied Children and Related Matters.”
TRAC Report Finding Juvenile Cases Help Push Immigration Court Backlog to New High
TRAC report finding that as of June 2014, the number of pending cases before Immigration Courts reached an all-time high of 375,503, with over 41,000 cases involving juveniles and of that, 12,841 involving Guatemalan juveniles. Report includes court location, nationality, and wait time information.
CA6 Says TVPRA Does Not Apply to Former Unaccompanied Minors
The court held that the IJ had the authority to review the asylum claim, finding the Trafficking Victims Protection Reauthorization Act (TVPRA) did not transfer initial jurisdiction over asylum applications filed by former unaccompanied alien children to USCIS. (Harmon v. Holder, 7/10/14)
Media Talking Points for AILA Members on UACs
As AILA Members are asked about unaccompanied children, they may find these brief talking points of use for interviews, particularly those focused on the proposed changes to the TVPRA. These will be updated as the issue continues to develop in the news and on the Hill.
Senate Letter to President on Protections of UACs
A 7/10/14 letter from Senators Hirono (D-HI), Gillibrand (D-NY), Heitkamp (D-ND) and Feinstein (D-CA) called on President Obama to humanely address the surge of unaccompanied children at the southern border and consider the humanitarian and legal rights of the unaccompanied children.
Children in Danger: A Guide to the Humanitarian Challenge at the Border
The American Immigration Council has prepared a guide to provide policymakers, the media, and the public with basic information surrounding the current humanitarian challenge the U.S. is facing as thousands of young migrants show up at the southern border.