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
District Court Grants Writ of Habeas Corpus to Detainee Held More than Six Months
The district court in Pennsylvania granted the writ of habeas corpus in order to hold a bail hearing, finding that under §241(a)(1)(A) and Zadvydas, petitioner’s seven month post-removal detention was unreasonable. Courtesy of Raymond Lahoud.
EOIR List of Currently Disciplined Practitioners
EOIR list of currently disciplined practitioners. This list is updated by EOIR as necessary.
Video: The Top 5 Things You Need to Know on DACA Renewals
AILA Immediate Past President Laura Lichter shares insights on the newly released Deferred Action for Childhood Arrivals (DACA) renewal process.
AILA Welcomes Program to Help Unaccompanied Migrant Children
AILA President Doug Stump on the creation of "justice AmeriCorps" to help children in immigration court proceedings noted that "Building on the strong tradition of Americorps service is an inspired choice as these people want to make a difference and these children desperately need their help."
BIA Rescinds In Absentia Order of Respondent with Credible Fear
Unpublished BIA decision rescinds an in absentia removal order against respondent who diligently sought reopening and was found to have a credible fear of persecution. Special thanks to IRAC. (Matter of Aguilera, 6/6/14)
BIA Finds No Willful Misrepresentation by Respondent Unaware of Divorce
Unpublished BIA decision finds DHS did not prove respondent committed willful misrepresentation where he was unaware his wife had finalized their divorce prior to their joint interview. Special thanks to IRAC. (Matter of Sowah, 3/24/14)
CA8 Declines to Review Res Judicata Argument
The court denied the petition for review, finding that petitioner’s manslaughter and tampering with evidence convictions were two different causes of action, so that res judicata was inapplicable on these facts. (Cardona v. Holder, 6/6/14)
CA5 Says VA Offense Is Aggravated Felony and Denies Cancellation of Removal
The court found that the petitioner’s conviction under the Virginia statute meant that he was also convicted of sexual abuse of a minor, an aggravated felony, which precluded him from applying for special rule cancellation under §203 of NACARA. (Contreras v. Holder, 6/6/14)
BIA Reverses Visa Petition Revocation Based on Insufficient NOIR
Unpublished BIA decision reverses revocation of approved visa petition, finding the evidence in the record did not support the allegations of marriage fraud in the Notice of Intent to Revoke (NOIR). Special thanks to IRAC. (Matter of Bamfo, 6/5/14)
Georgia State Court Holds Sovereign Immunity Bars Declaratory Relief in DACA Recipient Tuition Case
The court granted the defendant’s motion to dismiss, holding that Georgia law bars declaratory relief due to sovereign immunity. Special thanks to Charles Kuck. (DACA Beneficiary Georgia College Students v. University System of Georgia’s Board of Regents, 6/9/14)
AILA: Renewal Process for DACA Opens; Get Started As Soon as You Can!
As USCIS announced the Deferred Action for Childhood Arrivals (DACA) renewal process, AILA President Doug Stump noted, “These two-year grants of deferred action have already made a tremendous impact on the lives of so many young people and on the communities in which they live, study, and work.”
USCIS DACA Renewal Resources
Resources on the DACA renewal process announced on 6/5/14. Effective immediately, USCIS will begin accepting renewal requests. USCIS will hold a teleconference today at 3pm to discuss the renewal process.
BIA Finds Removal Does Not Constitute Withdrawal of Appeal
Unpublished BIA decision holds that the removal of the respondent did not result in the withdrawal of an appeal challenging the denial of a timely filed motion to reconsider. Special thanks to IRAC. (Matter of Onyesoh, 6/4/14)
BIA Rescinds In Absentia Order Due to Conflicting Hearing Notices
Unpublished BIA decision rescinds in absentia order where immigration court issued three separate hearing notices, the last of which advanced the date of respondent’s hearing by nearly a year. (Matter of Lopez, 6/4/14)
BIA Holds Massachusetts Assault With a Dangerous Weapon Not an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings upon finding assault with a dangerous weapon under Mass Gen. Law ch. 265 15A(b) not a crime of violence under United States v. Fish (1st Cir. 2014). Special thanks to IRAC. (Matter of Da Costa, 6/4/14)
BIA Reopens Proceedings Where NTA Misspelled Name of Street
Unpublished BIA decision reopens in absentia order where address on NTA misspelled name of the street on which the respondent resided. Special thanks to IRAC. (Matter of Harnandez, 6/4/14)
BIA Rescinds In Absentia Order and Changes Venue Sua Sponte
Unpublished BIA decision rescinds in absentia order against respondent who was four years old at the time of the hearing, and changes venue from Texas to Florida to permit joinder of proceedings with respondent’s brother. Special thanks to IRAC. (Matter of Murillo, 6/3/14)
CA8 Upholds Asylum Denial for Petitioner Fearing FGM in Kenya
The court found that the petitioner did not prove prejudice when her hearing was conducted without the presence of counsel, because neither she nor her counsel set forth what evidence affirmatively proved that she was entitled to relief. (Njoroge v. Holder, 6/3/14)
AILA’s Take on No Process Removals
An AILA backgrounder on no-process removals, i.e. expedited removal and reinstatement of removal.
EOIR to Relocate Bloomington Immigration Court
EOIR announcement that the Bloomington Immigration Court will close on 7/2/14 to prepare for relocation. The Bloomington Immigration Court will recommence hearings at its new location of 7/7/14.
CA10 Upholds Cancellation of Removal Denial
The court found petitioner could not establish good moral character for cancellation since he served a period of confinement in excess of 180 days, and the nunc pro tunc order shortening the sentence did not impact the calculation of the confinement period. (Garcia-Mendoza v. Holder, 6/2/14)
BIA Orders Further Consideration of Sham Marriage Determination
Unpublished BIA decision orders further consideration of motion for continuance pending adjudication of appeal of denied I-130, notes that USICS may not rely exclusively on prior sham marriage finding. Special thanks to IRAC. (Matter of Abella, 6/2/14)
BIA Administratively Closes Proceedings Pending Availability of U Visa
Unpublished BIA decision administratively closes proceedings in light of the approval of the respondent’s U visa application and the grant of deferred action until a U visa becomes available. Special thanks to IRAC. (Matter of Barba Arreaga, 6/2/14)
DOJ OIL June 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2014, with articles on the Supreme Court’s decision in Scialabba v. Osorio, the CSPA, and post-parole convictions, as well as summaries of circuit court decisions for June 2014 and monthly topical parentheticals.
TRAC Online Resource Tool on Deportation Proceedings
Online resource tool from Transactional Records Access Clearinghouse (TRAC) which provides details of the charges filed in deportation proceedings by type of charge, state, nationality, Immigration Court and hearing location.