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
CA6 Elaborates on Jurisdiction to Review Hardship for Cancellation of Removal
Though noting the sympathetic nature of the case, the court found no jurisdiction to review Petitioner’s claim that the IJ failed to consider hardship facts for cancellation of removal and dismissed the petition for review. (Ettienne v. Holder, 10/5/11)
DHS Fact Sheet on Smart, Effective Border Security and Immigration Enforcement
DHS fact sheet on efforts to focus the Department’s limited resources on protecting the nation’s borders and implementing an effective immigration enforcement strategy, which includes prioritizing the identification and removal of public safety and national security threats.
CA3 Says Rescission Bar Does Not Apply to LPR Status Obtained Through Consulate
The court held that the five-year statute of limitations on rescission of LPR status under INA §246(a) does not apply where Petitioner obtained status through consular processing, not adjustment of status. (Malik v. Att’y Gen. of the U.S., 10/4/11; amended 10/7/11)
El Salvadoran Man in ICE Custody Passes Away at UVA Medical Center
ICE press release announcing that an El Salvadoran national who was in custody at the Farmville Detention Center while going through removal proceedings passed away as an apparent result of liver failure. This is the first individual to pass away in ICE custody in FY 2012.
House Homeland Security Committee Hearing on Prosecutorial Discretion
Testimony from the 10/4/11 House Homeland Security’s Subcommittee on Border and Maritime Security on entitled "Does Administrative Amnesty Harm our Efforts to Gain and Maintain Operational Control of the Border?"
DOJ OIL September 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) September 2011 Litigation Bulletin addresses the Supreme Court’s review of whether “admission” applies retroactively, CSPA and derivative beneficiaries, summaries of recent federal court decisions, issue updates, and more.
Immigration Law Advisor, September 2011 (Vol. 5, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on imputation and retroactivity at the Supreme Court, circuit court decisions for August 2011, recent BIA precedent decisions, and a regulatory update.
CA10 Says No IJ Error in Refusing Continuance for FB-4 §245(i) Beneficiary
The court held that although an IJ may continue proceedings pending adjudication of an I-130 with a current priority date, an IJ need not grant an indefinite continuance to await eligibility for adjustment. (Luevano v. Holder, 9/30/11)
CBP Muster on Operation No Refuge
An undated CBP muster informing CBP officers of Operation No Refuge, which involves identifying subjects who may be involved in or are the beneficiaries of illicit narcotics activities, and how to handle related cases. Muster obtained through FOIA 2011F03343 filed by AILA.
CRS Report on Immigration Issues and Legislation in the 112th Congress
A 9/30/11 Congressional Research Service (CRS) report on immigration-related issues that have received legislative action or are of significant interest in the 112th Congress, including border security, E-Verify, detention, diversity visas, and immigrant investors.
CA2 Says NY Third-Degree Promoting Prostitution Is Not an Aggravated Felony
The court held that a violation of NY Penal Law §§20.00 and 230.25, for promoting prostitution in the third degree, is not an aggravated felony under INA §101(a)(43)(K)(i). (Prus v. Holder, 9/28/11)
Third Circuit Reflects on Unlawful Presence, Chevron, and the Importance of Prosecutorial Discretion
AILA Amicus Committee alert on Cheruku v. Attorney General, which held that the ten-year bar precludes adjustment of status under INA §245(i). The alert focuses on the human consequences of the decision and the potential use of prosecutorial discretion in similar cases.
ICE Apprehends More than 2,900 Convicted Criminals in National Cross Check Operation
ICE press release announcing that 2,901 individuals with prior criminal convictions were taken into custody during a seven-day targeted enforcement, or Cross Check, operation which was carried out across all 50 states and four U.S. territories.
Supreme Court Grants Cert in Three Immigration Cases
On 9/27/11 the Supreme Court granted certiorari in three immigration cases. Two cases involve the imputation of residence and LPR status to minors for cancellation purposes. The third case involves the retroactivity of INA §101(a)(13)(C)(v) as applied to returning residents.
Letter from Representatives Urging Consideration of LGBT Family Ties in Discretion Decisions
A 9/27/11 letter from 69 members of Congress to DHS Secretary Napolitano and Attorney General Holder requesting that LBGT family ties be considered in determining cases that merit relief from deportation.
Senators Ask President Obama to Rescind Prosecutorial Discretion Initiatives
A 9/26/11 letter from 19 Senators asking President Obama to rescind the recent directives on prosecutorial discretion, dismantle the working group tasked with reviewing removal cases, and make DHS Secretary Napolitano available for questioning on DHS enforcement policies.
CA9 on Authentication of Foreign Documents
The court found that the IJ erred by refusing to allow Petitioner to authenticate foreign documents through his own testimony, and concluded that he was statutorily eligible for adjustment of status as the unmarried son of a U.S. citizen. (Jiang v. Holder, 9/26/11)
CA9 Finds ELF Is a Terrorist Organization; Grants Deferral under CAT
The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral. (Haile v. Holder, 9/26/11)
CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants
The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate. (Jonaitiene v. Holder, 9/26/11)
DHS PIA for ICE’s Alien Medical Tracking Systems
DHS Privacy Impact Assessment (PIA) describing the IT systems that are used to track information from medical records for individuals in ICE custody, the data maintained in these medical tracking systems, the purposes for which the data is collected and used, and more.
CA2 Says Petitioner’s Undocumented Husband Was “Available” to Testify
The court held that Petitioner’s undocumented husband was “available” to testify despite his fear of apprehension, noting that he would have been eligible for derivative asylum status and had every incentive to testify on his wife’s behalf. (Chen v. Holder, 9/23/11)
CA9 Remands CAT Claim for Deferral of Removal from Honduras
The court found that the BIA mischaracterized the record with regard to one expert’s consistency with DOS reports, criticized the expert’s testimony for reasons not supported by the record, and failed to acknowledge a second expert witness. (Cole v. Holder, 9/22/11)
CA3 Says Ten-Year Bar to Admissibility Trumps §245(i) Adjustment
The court gave deference to the BIA’s reasonable statutory interpretation that the ten-year bar under INA §212(a)(9)(B)(i)(II) precludes adjustment of status under INA §245(i) and denied the petition for review. (Cheruku v. Att’y Gen. of the U.S., 9/22/11)
Petition for Writ of Habeas Corpus and Request for Release from Detention
Sample petition for writ of habeas corpus and request for release from detention. (December 2010) (Complaint, Amendment, Other Pleading)
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief
Sample petition for writ of habeas corpus to remedy unlawful detention and request that the court find the automatic stay provision at 8 CFR §1003.19(i)(2) unconstitutional. (April 2010) AILA Doc. No. 11092261.