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
BIA Finds Couple Obtained Firm Resettlement in Belize
The BIA held that the respondents were firmly resettled prior to coming to the U.S. and thus ineligible for asylum, noting that a fraudulently-obtained permit was still evidence of an offer of firm resettlement. Matter of D-X & Y-Z-, 25 I&N Dec. 664 (BIA 2012)
New Immigration Rule Will Keep American Families Safe and Together
Today the Administration will announce a proposed rule change that will save countless American families from the trauma of separation and, at the same time, make America safer. The proposed rule change is outlined in this morning's New York Times. Under the twisted immigration law the husband or wi
CRCL Newsletter, January 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2012 newsletter with farewell message from CRCL Officer Margo Schlanger, new hotline number/detainer form for immigrant detainees, outreach to Somali-American community in Minnesota, and more.
CA3 on Ineffective Assistance of Counsel in Filing Visa Petition
The court found that the Fifth Amendment right to due process does not guarantee effective assistance of counsel in preparing or appealing a labor certification application and visa petition before the start of removal proceedings. (Contreras v. Att’y Gen., 1/4/12)
ICE Releases New Detainee Transfer Policy
ICE directive, effective 1/4/12, establishing new requirements for the transfer of immigration detainees. ICE states that the new policy will substantially reduce the transfer of detainees who have family members, attorneys, or pending immigration proceedings in the area.
USCIS Responds to Ombudsman Asylum EAD Clock Recommendations
A 1/4/12 memorandum from Lori Scialabba, USCIS Deputy Director, responding to the CIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.
BIA Finds Possession of Child Pornography is Particularly Serious Crime
The BIA held that the respondent’s conviction for possession of child pornography was a particularly serious crime based on the nature and specific facts of the offense, making him ineligible for withholding of removal. Matter of R-A-M-, 25 I&N Dec. 657 (BIA 2012)
District Court Grants Class Certification in Shackling Case
The court granted plaintiffs’ class certification motion and denied defendants’ motion to dismiss in a case challenging a policy that requires all civil immigration detainees to be shackled during appearances in immigration court. (Abadia-Peixoto v. DHS, 12/23/11)
AILA Consumer Advisory: What You Need to Know About Recent DHS Announcements (Updated 12/30/11 7pm)
AILA advisory explains the recent announcements regarding the DHS immigration case review process, prosecutorial discretion, and administrative closure. This is not amnesty, and does not create legal status. A Spanish version follows.
ICE Issues New Detainer Form
ICE press release issuing a new detainer form and announcing the launch of a hotline for detained individuals who believe they are U.S. citizens or victims of a crime, along with a copy of the new detainer form. AILA Doc. No. 11122965.
CA11 Upholds Denial of Chinese Asylum Claim
The court found that the BIA set forth specific, cogent reasons for making an adverse credibility finding against the petitioner, who had applied for asylum based on his wife’s forced sterilization. (Chen v. U.S. Att’y Gen., 12/27/11)
ICE Releases List of Detainee Deaths from October 2003 to October 2011
A list of detainee deaths from October 2003 through October 2011 posted in the ICE FOIA Reading Room. According to the list, 126 people died in ICE custody during that period.
ICE Releases ERO Facts and Statistics
ICE facts and statistics by fiscal year through November 30, 2011, posted on the ICE FOIA Reading Room and including information on the number of detainees by field office and by fiscal year, average length of stay, removals by country and by field office, and more.
CA11 on Res Judicata and Expanded Definition of Aggravated Felony
The court found that res judicata did not bar new removal proceedings where Congress had amended the INA to add a new ground of removability not available to the government during prior proceedings against the petitioner. (Maldonado v. U.S. Att’y Gen., 12/22/11)
Practice Alert: Baltimore Prosecutorial Discretion Pilot Program (Updated 3/5/12)
AILA DC Chapter practice alert on the implementation of the prosecutorial discretion pilot program in Baltimore, including scope of review, procedure, EADs, and more. Updated on 3/5/12 to include a revised, sample joint motion for administrative closure.
AILA/ICE Liaison Meeting Minutes (12/22/11)
AILA ICE Liaison Committee minutes from a meeting on 12/22/11 with ICE to discuss and clarify specific prosecutorial discretion issues, such as EADs and bond, in light of guidance from ICE. AILA Doc. No. 12011073.
Mexican National Dies While in ICE Custody
ICE press release on the death of a Mexican national while in the custody of ICE. Preliminary medical report indicates the cause of death was cardiac pulmonary arrest.
CA9 Holds Petitioner was Legitimated Under Salvadoran Law
The court found that the Petitioner, born out-of-wedlock, failed to establish a claim of derivative citizenship through his mother, because the subsequent marriage of his parents established his paternity by legitimation. (Romero-Mendoza v. Holder, 12/19/11)
AILA Shares Concern About Representation of Immigrants
AILA statement on a report from the New York Immigrant Representation Study that shows without a right to appointed counsel in immigration court, many immigrants represent themselves in removal proceedings with unsuccessful outcomes; others have inadequate representation.
Accessing Justice: The Availability and Adequacy of Counsel in Immigration Proceedings
A report from the New York Immigrant Representation Study that compares case outcomes based on key factors such as whether the immigrant was detained or non-detained, had representation, and whether or not the representation was considered adequate.
CA7 Upholds District Court’s Revocation of Citizenship
The court agreed with the district court’s finding that the defendant illegally procured his citizenship, noting he lacked the requisite good moral character due to two controlled substances violations committed during the relevant period. (U.S. v. Suarez, 12/16/11)
CA7 Holds Voluntary Departure Regulations Are Not Retroactive
The court held that current regulatory voluntary departure warnings do not apply retroactively and found no due process violation under the former rules where there was no penalty for failure to depart if the alien did not pay bond. (Bachynskyy v. Holder, 12/15/11)
ABA Commends DHS on Prosecutorial Discretion, Suggests Further Steps
Letter from the ABA to DHS commending the exercise of prosecutorial discretion with respect to deportation and removal cases, and recommending additional steps to ensure fairness and consistency as the program is implemented.
Practice Alert: Denver Prosecutorial Discretion Pilot Program (Updated 12/14/11)
AILA Colorado Chapter practice alert outlining the implementation of the prosecutorial discretion pilot program in Denver, including scope of review, criteria, procedures, tips for presenting additional evidence, and rescheduling cases on the non-detained docket.
CA7 Finds Jurisdiction to Review Continuance Denial
The court found jurisdiction to review the IJ’s denial of a continuance, noting that such decisions do not implicate the merits of a final order but instead defer resolution of the merits so that the process can be completed with integrity. (Calma v. Holder, 12/13/11)