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
Immigration Court and EOIR Office Closings for November 5, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Monday, November 5, 2012 due to inclement weather. All other immigration courts, the Board of Immigration Appeals, and EOIR headquarters are open as scheduled.
CA4 on Adverse Credibility Determinations
The court denied withholding of removal and CAT relief, upholding the IJ’s adverse credibility determination and rejecting the petitioner’s argument that the IJ and BIA misapplied REAL ID’s credibility provisions. (Singh v. Holder, 11/5/12)
CA1 on "Social Visibility" in Asylum Cases
The court denied the withholding applications which were based on the petitioners’ fear that their U.S. citizen son could be kidnapped if they returned to Mexico, after discussing the “social visibility” requirement. (Rojas-Perez v. Holder, 11/5/12)
BIA on Jurisdiction After Respondent Voluntarily Returned to Mexico
The BIA held that the respondent’s voluntary return to Mexico did not divest the IJ of jurisdiction, and that the IJ erred in terminating removal proceedings instead of proceeding with an in absentia hearing. Matter of Sanchez-Herbert, 26 I&N Dec. 43 (BIA 2012)
DHS Privacy Impact Assessment (PIA) Report on FALCON Tipline
DHS Privacy Impact Assessment (PIA) report from 11/2/12 on FALCON Tipline,, which supports the maintenance of tips received by HSI Tipline Unit about suspicious activity or suspected illegal activity & the referral of this information to HSI field offices for investigation.
DHS Privacy Impact Assessment (PIA) Report on FALCON Search System
DHS Privacy Impact Assessment (PIA) report from 11/2/12 on FALCON Search & Analysis System which enables ICE personnel to search, analyze & visualize volumes of existing information to help enforce & investigate violations of U.S. criminal & administrative laws.
NSC Stakeholder Newsletter, October 2012
NSC October 2012 stakeholder newsletter, which includes information on developments on deferred action for childhood arrivals (DACA), derivate refugee and asylum status, and more.
CBP Handout to Individuals Who May Be Eligible for DACA
CBP handout in English and Spanish directed at individuals who may be eligible for an exercise of prosecutorial discretion by CBP because they could be eligible for DACA. CBP released the handout on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
Internal CBP FAQs on DACA
Internal CBP FAQs on DACA, including information on why DHS is announcing the DACA program now, how DACA differs from the DREAM Act, and how DACA differs from TPS. CBP released the FAQs on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
CBP Guidance to Field on Encountering DACA-eligible Individuals
CBP guidance for the field on what to do if officers encounter an individual who may be eligible for DACA, including processing guidelines. CBP released the guidance on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
CBP Memo on the Implementation of DACA
CBP memo dated 6/15/12 on implementing Secretary Napolitano’s memo concerning the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children. CBP released the memo on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
CA8 Finds No Objectively Reasonable Fear of Future Persecution for Kenyan Professor
The court denied asylum, upholding the BIA’s conclusion that the petitioner did not show an objectively reasonable fear of future persecution and rejecting the argument that the IJ violated due process rights by delaying his decision. (Wanyama v. Holder, 11/1/12)
VOICE: November/December 2012
The latest issue of VOICE includes information and practice advice on Temporary Protection Status for Syrians, how to handle a client with foreign convictions, what hurdles you might face in the virtual workplace, and much more!
Immigration Court and EOIR Office Closings for November 2, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Friday, November 2, 2012 due to inclement weather.
Immigration Law Advisor, October 2012 (Vol. 6, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on Silva-Trevino and how different circuits handle CIMTs, as well as circuit court decisions for September 2012, recent BIA precedent decisions, and a regulatory update.
DOJ OIL October 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) October 2012 Litigation Bulletin where First Circuit ruled that spouse of an individual forced to undergo an abortion under China’s coercive population control policy is not automatically entitled to asylum & other decisions.
BIA Filing Deadline Changes Due to Hurricane Sandy
Since Board of Immigration Appeals (BIA) was closed on October 29-30, 2012, EOIR announced that they will consider any filing “timely filed” if it was due on a weekday during the week of October 29, 2012 and the BIA received the filing on or before November 5, 2012.
Immigration Court and EOIR Office Closings for November 1, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Thursday, November 1, 2012 due to inclement weather.
CA8 Finds Asylum Applicant Committed Serious, Nonpolitical Crime
The court upheld the BIA’s conclusion that the petitioner committed a “serious, nonpolitical crime” when he attacked a family planning official in China, and was thus ineligible for asylum under INA §208(b)(2)(A)(iii). (Zheng v. Holder, 10/31/12)
CA7 Holds §212(a)(9)(C)(i)(II) Trumps §245(i)
The court held that INA §212(a)(9)(C)(i)(II) precludes the petitioner from applying for adjustment of status pursuant to INA §245(i) or seeking a retroactive waiver of inadmissibility under 8 C.F.R. §212.2(e). (Nunez-Moron v. Holder, 10/30/12)
Immigration Court Closings for Wednesday, October 31, 2012
The following immigration courts remain closed on Wednesday, October 31, 2012 due to Hurricane Sandy: New York City; Varick Street; Newark; and Elizabeth. Filing deadlines at affected locations will be adjusted once they reopen.
EOIR and Immigration Court Closings Due to Inclement Weather - October 30, 2012
EOIR notice of the closure of a number of east coast immigration courts, EOIR Headquarters, and the BIA on Tuesday, October 30, 2012 due to Hurricane Sandy. Filing deadlines at affected locations will be adjusted once the courts and offices reopen.
EOIR to Close Immigration Court in Lancaster, California
EOIR press release on the closing of the Lancaster Immigration Court, located at 45100 N. 60th Street West, Lancaster, California, on October 31, 2012. All pending cases will be transferred to the Los Angeles Immigration Court for video teleconference hearings.
CA8 Denies Motion to Reopen Asylum Case Based on Material Change in Circumstances
The court held that two new letters in support of the petitioner’s asylum claim did not establish a change in circumstances or undermine the initial determination that he failed to establish a well-founded fear of persecution. (Lopez-Mendez v. Holder, 10/29/12)
USCIS Response to CIS Ombudsman’s 2011 Annual Report to Congress
USCIS response to the CIS Ombudsman’s 2011 Annual Report to Congress, which provides updates on specific programs and highlight Agency successes during FY2011.