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
Subpoena from House Subcommittee to Secretary Napolitano for ICE Records
A 11/4/11 subpoena from House Judiciary’s Subcommittee on Immigration Policy and Enforcement to DHS Secretary Napolitano requiring documents identifying individuals arrested by ICE but not subsequently detained or placed into removal proceedings.
AILA/EOIR Liaison Meeting Q&As (11/03/11)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 11/03/11. Topics include pending regulations, mental incompetency procedures, asylum EAD clock, prosecutorial discretion, courtroom laptops, remanded visa petition matters, and more.
ICE Announces Guilty Plea in Federal Court Following Worksite Investigation
ICE news release announcing a plea agreement after the head of an AZ drywall company admitted to conspiring to harbor undocumented individuals for profit and hiring unauthorized workers. The company also pleaded guilty to unlawful employment of undocumented workers.
Letter from Senators Urging Action Against Cook County’s Immigration Detainers Ordinances
A 11/2/11 letter from Senator Grassley and three Senators to DHS Secretary Napolitano urging action against a Cook County, IL ordinance allowing for release of undocumented immigrants when a federal detainer requests detention.
EOIR Memo on Asylum Clock Policies and Procedures
EOIR memorandum OPPM 11-02 from Chief Immigration Judge Brian O’Leary to immigration court judges and staff with operating policies and procedures on the asylum clock. This memo was superseded by OPPM 13-02.
CA9 Says SIJ Parole Is an Admission “In Any Status” for Cancellation Purposes
The court found that Petitioner’s 1992 parole as a Special Immigrant Juvenile under INA §245(h) qualified as an admission “in any status” for purposes of cancellation of removal under INA §240A(a). (Garcia v. Holder, 11/2/11)
CA1 Rejects Padilla-Based Challenge in Motion to Reopen
The court upheld the BIA’s denial of Petitioner’s motion to reopen where his request to excuse the untimely filing rested on Padilla v. Kentucky, but he made no effort to mount a state court challenge to his conviction. (Matos-Santana v. Holder, 11/2/11)
VOICE: November/December 2011
The November/December issue of VOICE is ready for viewing! Learn about a little-known relationship between assisted reproductive technology and citizenship, as well as features on private bills, avoiding scams, AILA Secretary Bill Stock’s top 10 practice resources, and more!
DOJ OIL October 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) October 2011 Litigation Bulletin addresses the Eleventh Circuit’s rejection of Silva-Trevino, BIA standards of review, and U visas, and includes summaries of recent federal court decisions, issue updates, and more.
Immigration Law Advisor, October 2011 (Vol. 5, No. 9)
Immigration Law Advisor with an article on asylum for children of victims of coercive population control policies, a tribute to Board Member Lauri Filppu, circuit court decisions for September 2011, update on Silva-Trevino, recent BIA precedent decisions, and a regulatory update.
Mexican National Passes Away While in ICE Custody
ICE press release announcing that Pablo Gracida-Conte, a Mexican man who was being detained at the Eloy Detention Facility, passed away at the Univ. of AZ Medical Center where he was taken for medical stabilization after complaining of shortness of breath and dizziness.
EOIR Proposed Rule on Forwarding of Asylum Applications to DOS
DOJ EOIR notice and 60-day comment period on a proposed rule that would amend its current regulations to provide for the sending of asylum applications to DOS on a discretionary basis. Comments are due by 12/30/11. (76 FR 67099, 10/31/11)
CA8 Rejects Fourth Amendment Argument, Finds No “Egregious” Violation
The court found that where local officers entered a restaurant without a warrant after acting on a tip that a liquor ordinance was being violated, there was no egregious Fourth Amendment violation warranting suppression. (Garcia-Torres v. Holder, 10/28/11)
CA4 Says Physical Presence at the Border Is Not a Necessary Condition for Smuggling
The court upheld the IJ’s finding that Petitioners lacked good moral character for purposes of NACARA where they violated INA §212(a)(6)(E) by sending money to their children to assist them in entering the U.S. illegally. (Ramos v. Holder, 10/27/11)
USCIS Response to the CIS Ombudsman Recommendation on Deferred Action Processing
A 10/27/11 memorandum from USCIS Director Alejandro Mayorkas to CIS Ombudsman January Contreras, responding to the Ombudsman’s recommendations for improving transparency and consistency in the agency’s processing of deferred action requests.
CA3 on the Meaning of “Has Committed” under the Stop-Time Rule
The court found that “has committed” in INA §240A(d)(1)(B) means the stop-time rule is triggered by conduct occurring on a particular date, or conduct that runs up to the date when the seventh year of residency ends. (Santos-Reyes v. Att’y Gen. of the U.S., 10/26/11)
CA11 Says 5-Year Limitation under INA §246 Does Not Apply to Removal Proceedings
The court found that INA §246, limiting rescission of an erroneously granted adjustment of status to the five year period after adjustment is granted, applies only to rescission and not to the initiation of removal proceedings. (Alhuay v. U.S. Att’y Gen., 10/26/11)
DHS Secretary Testimony before House on DHS Programs of Interest
DHS Secretary Napolitano’s 10/26/11 testimony before the House Judiciary Committee, including updates on worksite enforcement, E-Verify, Secure Communities, prosecutorial discretion, border security, and human trafficking and human smuggling investigations.
CA9 Affirms Dismissal of District Court Action in Reinstatement Case
The court upheld the finding that Duran Gonzales II applies retroactively and that Plaintiffs are ineligible for I-212 waivers, and affirmed the denial of Plaintiff’s motion to amend the class and file an amended complaint. (Duran Gonzales v. DHS, 10/25/11)
CA7 Finds Counsel Erred in Conceding to JRAD’s Invalidity
The court found that the JRAD was valid because although it was entered outside the 30-day post-sentencing window, the judge timely announced her intent to consider a JRAD and continued the case for that purpose. (Solis-Chavez v. Holder, 10/25/11)
CA1 Upholds Denial of Roma Asylum Claim Based on Inconsistent Testimony
The court found although the mistreatment described by Petitioner was plausible, and the tensions in his testimony could be resolved either way, the IJ’s unwillingness to accept the key testimony had some basis in the record. (Stanciu v. Holder, 10/25/11)
AILA/USCIS Field Operations Liaison Q&As (10/25/11)
Official minutes of the 10/25/11, AILA liaison meeting with USCIS Field Operations. Topics include AOS for IRs under VWP, I-551 stamps, I-751s, I-829s, biometrics and fingerprinting, removal proceedings, I-131s, MTRs, 204(l), AR-11s, I-601s, and more.
CA9 Dismisses Petition; Discusses Exhaustion of Administrative Remedies
The court found that Petitioner did not exhaust his administrative remedies in challenging the IJ’s ruling that he committed a particularly serious crime where his arguments to the BIA centered on whether he had a well-founded fear. (Ardsi v. Holder, 10/24/11)
ICE Memo on Enforcement Actions At or Focused on Sensitive Locations
ICE policy memo 10029.2 dated 10/24/11 on ICE policies regarding certain enforcement actions by ICE officers and agents at or focused on sensitive locations such as schools and churches.
BIA Reverses Adverse Credibility in Sexual Orientation Withholding/CAT Claim from Mexico
The BIA reversed the IJ’s adverse credibility finding, holding that the respondent’s mistreatment constitutes past persecution on account of a protected ground, and sustained the appeal for withholding of removal and CAT. Courtesy of Edgardo Quintanilla.