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
DOJ OIL February 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Sixth Circuit ruled that conspiracy to traffic in identification documents constitutes a crime involving moral turpitude.
TRAC Report on Immigration Referrals and Spike in Criminal Prosecutions
Transactional Records Access Clearinghouse (TRAC) report showing 15,313 federal criminal prosecutions in December 2012, with this 14% sharp increase being entirely the result of prosecutions recommended by CBP agents in just two federal districts along U.S.-Mexico border.
USCIS Transfers Workload from Vermont Service Center to Nebraska Service Center
USCIS press release announcing that on 2/13/13, USCIS transferred some casework from Vermont Service Center to Nebraska Service Center to balance overall workload with processing capacity at the centers related to DACA and Form I-765 Application for Employment Authorization.
DHS Briefs Filed With BIA on 212(c) Cases Post-Judulang
DHS supplemental briefs to the BIA in two cases, discussing the impact of Judulang on 212(c) cases and arguing that an LPR can only receive a 212(c) waiver where he or she was deportable at the time of a pre-IIRIRA conviction.
CA11 on Filing a 212(h) Waiver Without an Adjustment Application
The court remanded the case to the BIA to determine whether the petitioner is eligible for a 212(h) waiver, noting that the Board’s current interpretation of §212(h) is unclear in light of recent case law. (Lawal v. U.S. Att’y Gen., 2/28/13)
CA9 On Illegal Reentry Under INA §241(a)(5)
The court held the petitioner’s last entry to the U.S., in which he showed officials his invalid registration card and they allowed him to enter, met the illegal reentry requirement in §241(a)(5) despite being procedurally regular. (Tamayo-Tamayo v. Holder, 2/28/13, amended 6/18/13)
AILA Notes on Liaison Q&As with SCOPS (2/27/13)
AILA notes from a teleconference with SCOPS on 2/27/13. Topics include H-1B filing tips, NIW RFEs, contacting NSC regarding an I-485 that is current, I-821D processing times, and number of photos required for I-485 filings.
EOIR’s Disciplinary Program and Professional Conduct Rules for Immigration Attorneys
EOIR fact sheet from 2/27/13 providing an overview of grounds for disciplining attorneys and representatives, complaints about immigration attorneys or representatives, initiating disciplinary proceedings, requesting a hearing, appealing a disciplinary decision and more.
EOIR FY2012 Statistical Year Book
EOIR FY2012 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
ICE Statement on Release of Individuals from Immigration Detention
ICE statement regarding the release of certain individuals from immigration detention.
AILA Supports the Military Enlistment Opportunity Act
AILA applauds the introduction last month of H.R. 435, the Military Enlistment Opportunity Act, by Congressman Mike Coffman (R-CO) that provides an opportunity for immigrants to serve in our Armed Forces, and urges Congress to make the bill part of a broader reform effort.
Immigration Court and EOIR Office Closings for February 26, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Tuesday, February 26, 2013 due to inclement weather conditions.
BIA Reopens Case 10 Years After It Affirmed IJ's Decision
Unpublished BIA decision vacating 2003 order upon respondent's untimely motion to reopen/reconsider due to ineffective assistance of counsel and problems with IJ’s frivolous finding, and stating respondent may on remand apply for any eligible relief in removal proceedings. Courtesy of Shanshan Zhou.
Immigration Court and EOIR Office Closings for February 25, 2013
EOIR public statement announcing that the Denver, Colorado immigration court will open at 10am on Monday, February 25, 2013 due to inclement weather conditions.
Practice Pointer: Waivers and Court Documents for U Visa Applicants
AILA Liaison and the Mexico City District Chapter remind members to identify the specific ineligibilities that apply to the U visa applicant and seek a waiver for each ineligibility, and to instruct the applicant to bring all court documents to the visa interview.
Immigration Court and EOIR Office Closings for February 22, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Friday, February 22, 2013 due to inclement weather conditions.
District Court Says 236(c) Requires Immediate Release from Criminal Custody
The District Court in New Jersey held that Petitioner’s detention was governed by INA 236(a) rather than 236(c) because DHS waited 13 years after his release from criminal custody to take him into immigration custody. Courtesy of Paul Grotas. (Almonte v. Hendricks, 2/22/13)
TRAC Report on Targets of ICE Detainers
Transactional Records Access Clearinghouse (TRAC) report showing of 1 million detainers issued by ICE since FY2008, only 22.6% of the time did targeted individual have any criminal conviction and only 8.6% of charges were classified as a serious offense.
ICE Public Advocate Voice Newsletter, February 2013 (Issue 4)
ICE February 2013 Public Advocate Voice newsletter on ICE detainer policy reform, sexual assault awareness posters, community outreach, and more.
Grand Jury Indicts Six Texas Residents for H-1B Visa Fraud Scheme
Grand jury indictment against six members of a Texas information technology company who sponsored workers’ H-1B visas for their company, but required that the workers actually provide consulting services to third-party companies located elsewhere. (U.S. v. Nanda, 2/20/13)
Supreme Court Holds Padilla Does Not Apply Retroactively
The Court found that Padilla v. Kentucky, in which the Supreme Court held that counsel must inform noncitizen clients whether a plea carries a risk of deportation, does not apply retroactively. (Chaidez v. United States, 2/20/13)
CA10 Finds Deported Plaintiff’s Complaint Is Moot
In a nonprecedential decision, plaintiff sought to be returned to the U.S. from Libya after being deported despite a stay of removal. The court held the complaint was moot because he obtained relief when the BIA addressed his motion to reopen on the merits. (Mohamed v. Napolitano, 2/20/13)
CA9 Upholds BIA’s Adverse Determination on Extraordinary Circumstances
The court held the asylum application was time-barred, and found the primary reasons the petitioner delayed filing her application were lack of money and inability to speak English, and not the psychiatric problems she suffered. (Gasparyan v. Holder, 2/20/13)
Sample BIA Acknowledgement of Remand by Second Circuit
Sample BIA “Acknowledgement of Court Order” issued in response to a case that was remanded by the Second Circuit pursuant to Matter of Immigration Petitions for Review Pending in the United States Court of Appeals for the Second Circuit. Courtesy of Gary Yerman.
AILA Comments on DHS Proposed Rule to Prevent Sexual Abuse in Confinement Facilities
AILA comments in response to a DHS proposed rule on Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities. Special thanks to the LGBT Working Group and AILA ICE and EOIR Liaison Committees.