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
EOIR Announcement that eRegistration Application Is Available Again
EOIR announcement that the eRegistration application is again available for account requests and electronic filing of EOIR-27s and EOIR-28s. Users can access eRegistry via the link that has been available since June 2013: https://portal.eoir.justice.gov.
House Homeland Security Hearing on Unaccompanied Alien Minors
A 06/24/14 hearing in the House Homeland Security Hearing, “Dangerous Passage: The Growing Problem of Unaccompanied Children Crossing the Border.”
AILA Statement for House Judiciary Committee Hearing on Unaccompanied Children
AILA Statement submitted to the House Judiciary Committee the 6/25/14 hearing on “An Administration Made Disaster: The South Texas Border Surge of Unaccompanied Alien Minors.”
CA1 Finds BIA Did Not Conduct Thorough CIMT Analysis and Remands
The court found the BIA did not conduct a thorough analysis in finding that shoplifting under Mass. Gen. Laws Ch. 266, §30A was a crime involving moral turpitude (CIMT), as it should have applied a categorical approach and analysis of the MA law instead of PA law. (Mejia v. Holder, 6/25/14)
Secretary Johnson Congressional Testimony on Unaccompanied Children
DHS written testimony of DHS Secretary Jeh Johnson before the House Committee on Homeland Security on DHS efforts to address the recent rise in number of unaccompanied children and others crossing border in Rio Grande Valley.
AILA Statement for House Committee on Homeland Security on Unaccompanied Children
AILA Statement submitted to the House Committee on Homeland Security for the 6/24/14 hearing on “Dangerous Passage: The Growing Problem of Unaccompanied Children Crossing the Border.”
DHS Open Letter to Parents of Children Crossing Southwest Border
Open letter from DHS Secretary Jeh Johnson warning parents of unaccompanied children crossing southern U.S. border that sending children to travel to U.S. is dangerous, DACA relief is not available for these children, and if the children are caught, they will be placed in removal proceedings.
BIA Finds FGM Constitutes Exceptional and Extremely Unusual Hardship
Unpublished BIA decision grants cancellation of removal upon finding respondent’s U.S. citizen daughters would suffer exceptional and extremely unusual hardship in Senegal by being subject to female genital mutilation (FGM). Special thanks to IRAC. (Matter of K-C-, 6/23/14)
AILA Quicktake #84: Announcement on Increased Family Detention Facilities
AILA's Second Vice President Annaluisa Padilla sits down to discuss the Obama administration's announcement to open additional detention facilities to address the humanitarian crisis at the border.
AILA: Increasing Detention Won’t Solve Humanitarian Crisis
AILA President Leslie A. Holman responded to the Obama Administration’s announcement that the detention of families will increase saying, “Frankly, I’m surprised at this because I believe that our country’s values center on protecting families, and these particular families are so very vulnerable.”
CRS Report on Noncitizens’ Right to Counsel in Removal Proceedings
Congressional Research Service (CRS) report providing an overview of the various legal authorities governing noncitizens’ right to counsel, as that term is broadly understood, in removal proceedings. Report includes analysis of right to counsel at noncitizens’ expense and at government’s expense.
White House Fact Sheet on Unaccompanied Children from Central America
White House fact sheet released on 6/20/14 announcing that the Obama Administration is partnering with Central American governments to address underlying security and economic issues that cause migration, by increasing enforcement and providing millions of dollars in financial and program support.
DHS Fact Sheet on Temporary Detention Facility for Adults with Children in Expedited Removal
DHS fact sheet on the establishment of a temporary detention facility for adults with children in expedited removal on the Federal Law Enforcement Training Center's Artesia, NM campus, to hold and expedite removal of the increasing number of these individuals crossing the southern U.S. border.
USCIS Reminder to Use Revised Form I-821D, Dated 6/4/14
USCIS reminder that revised Form I-821D, Consideration for Deferred Action for Childhood Arrivals (DACA), dated 6/4/14, must be used to submit initial or renewal requests. USCIS will reject any previous versions of Form I=821D. The last day to use previously accepted versions was 6/5/14.
BIA Holds Parent’s Continuous Physical Presence and Residence in U.S. Cannot Be Imputed to Child to Establish Child’s TPS Eligibility
The Board sustained the appeal and remanded, holding that a parent’s continuous physical presence and continuous residence in the U.S. cannot be imputed to a child for purposes of establishing the child’s eligibility for TPS. Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014)
BIA Reverses Cancellation Denial, Says USC Daughters Would Experience FGM in Senegal
Unpublished BIA decision reversing and vacating cancellation denial, citing country reports and finding that respondent met her burden of establishing extreme hardship to U.S. citizen daughters if they were removed to Senegal, as they would be subject to FGM. Courtesy of Theodore M. Davis.
BIA Rescinds In Absentia Order Because Hearing Notice Was Sent on Day of Hearing
Unpublished BIA decision rescinds in absentia order where respondent submitted affidavit stating she did not receive the hearing notice and the record indicated that the hearing notice was sent on the date of the hearing. Special thanks to IRAC. (Matter of Sorto-Viera, 6/19/14)
New Mexico Supreme Court Declines to Follow Chaidez
The court declined to follow Chaidez v. U.S., holding that the requirement that defense attorneys advise noncitizens of the immigration consequences of their guilty pleas applied retroactively in the state of New Mexico. (Ramirez v. New Mexico, 6/19/14)
CA5 Upholds Asylum Denial for Eritrean Petitioner
The court denied the petition for review, holding that punishment for violation of conscription laws of general applicability does not in itself constitute “persecution” on account of political opinion under INA §101(a)(42)(A). (Milat v. Holder, 6/19/14)
CA5 Says DHS May Rely on Subsequent Convictions When Evaluating Admission for Returning Noncitizens
The court denied the petition for review, finding that DHS may rely on subsequent convictions to meet the clear and convincing evidence standard in proving that a returning lawful permanent resident is applying for admission. (Munoz v. Holder, 6/19/14)
CA6 Remands to BIA, Finding IJ Erred in Interpreting §208(a)(2)(D)
The court disagreed with the IJ’s interpretation, finding nothing in §208(a)(2)(D) requiring an applicant show he was ineligible for asylum when he arrived in the U.S. before using “changed circumstances” to extend the deadline for filing an application. (Mandebvu v. Holder, 6/18/14)
CA7 Denies Withholding of Removal to Chinese Christian in Indonesia
The court denied the petition for review, finding petitioner failed to meet the test for withholding, did not show a pattern or practice of persecution of Chinese Christians in Indonesia, nor could he establish his personal fear of persecution was reasonable. (Halim v. Holder, 6/17/14)
CA2 Finds Petitioner Ineligible for §212(c) Relief
The court dismissed the petition for review, finding no basis to conclude that Vartelas overruled Domond, and because petitioner’s conviction for a controlled substance post-dated IIRIRA, he was ineligible for a waiver of deportation under §212(c). (Centurion v. Holder, 6/17/14)
BIA Orders Further Consideration of Voluntary Departure
Unpublished BIA decision remands record because IJ did not advise respondent of potential eligibility for voluntary departure and respondent did not realize she was conceding ineligibility by saying she lacked funds to depart. Special thanks to IRAC. (Matter of Dangan, 6/16/14)
AILA Quicktake #83: In-State Tuition for DACA Recipients
AILA member Charles Kuck joins us to explain the results of his recent lawsuit, in which a Georgia judge dismissed his case that sought for in-state college tuition for Deferred Action for Childhood Arrivals, or DACA, recipients.