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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
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.
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.
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.
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.
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.
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)
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)
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.
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)
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)
CA7 Finds Actual Reliance on §212(c), Remands for Hearing
The court refused to apply the repeal of INA §212(c) retroactively to Petitioner, where he demonstrated actual reliance on the availability of a §212(c) waiver by affirmatively abandoning his right to pursue a JRAD. (Khodja v. Holder, 12/12/11)
CA1 Remands on Equitable Tolling and Ten-Year Bar
The court found that the IJ inadequately explained her rationale for rejecting tolling and imposing the ten-year bar for overstaying voluntary departure and that her failure to engage with the petitioner’s arguments was arbitrary and an abuse of discretion. (Romer v. Holder, 12/12/11)
CA5 on Requiring Corroborating Evidence from Asylum Applicants
The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible. (Yang v. Holder, 12/12/11)
Supreme Court Rejects §212(c) Comparable Grounds Rule
In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act. (Judulang v. Holder, 12/12/11)
It’s All About Enforcement
Enforcement. It is the current catch-word of the presidential race. I hear it every day. Governor Perry said it in last night's debate. “I believe in enforcement. We must enforce the laws as they are on the books.“ I agree with him. Bet you never thought you'd hear me say that. But yes, I agre
OCC Baltimore Notice on Prosecutorial Discretion Review
OCC Baltimore issued a notice regarding the prosecutorial discretion review and administrative closure decision making process. OCC does not plan to move for administrative closure over a party's objection and offers instruction for declining administrative closure
CA11 Vacates Denial of FGM Asylum Claim from Senegal
The court found that the BIA failed to give reasoned consideration to Petitioner’s claim when it found she could relocate within Senegal to avoid being beaten or killed for attempting to protect her U.S. citizen daughter from FGM. (Seck v. U.S. Att’y Gen, 12/8/11)
CA9 Allows IJ to Consider Pleading-Stage Admission in Establishing Removability
Following Perez-Mejia, the court held that the IJ was entitled to rely on Petitioner’s pleading-stage admission that his drug offense involved methamphetamine and that therefore, he was convicted of a removable offense. (Pagayon v. Holder, 12/8/11)