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
CA7 Dismisses for Lack of Jurisdiction, Is Troubled by Proceedings
Though lacking jurisdiction to review the denial of Petitioner’s adjustment of status, the court noted that it might have weighed the equities differently than the IJ and reprimanded Petitioner’s attorney for his deficient performance. (Wroblewska v. Holder, 8/24/11)
AILA Consumer Advisory: DHS Immigration Announcement is NOT a Legalization Program (Updated 8/23/11)
An AILA consumer advisory clarifying the 8/18/11 DHS announcement regarding immigration enforcement priorities. It is not a legalization program and does not create legal status. Immigrants with questions should see certified legal professionals. A Spanish version follows.
CA7 Says No §241(f) Waiver without Charge or Deportability Finding Based on Fraud
Based on the plain language of the statute, the court found Petitioner ineligible for a §241(f) waiver because he was never charged or found deportable on fraud grounds, and therefore also found him ineligible for §212(c) relief. (Torres-Rendon v. Holder, 8/23/11)
CA7 Reverses District Court, Says Padilla May Not be Applied Retroactively
Over dissent, the court held that the Supreme Court in Padilla v. Kentucky announced a new constitutional rule and its holding may not be applied to collateral appeals retroactively. (Chaidez v. U.S., 8/23/11)
USCIS Guidance on Immigration Benefits in EOIR Removal Proceedings
USCIS guidance on immigration benefits for individuals who are requesting, or who have been granted, relief from removal or protection while they are in removal proceedings in Immigration Court or before the BIA.
DHS Procedures for Implementing EOIR Background Check Regulations
DHS Q&A on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including information on the regulations, application procedures, filing instructions for I-485s, and more.
DHS Fact Sheet on Implementing EOIR Background Check Regulations
DHS Fact Sheet on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including asylum, withholding, adjustment of status, cancellation, suspension of deportation, and certain waivers.
IJ Grants Asylum Due to Respondent's Relative Being Involved with Anti-Gang Efforts
In an unpublished decision, the IJ found the respondent qualified for asylum as a victim of past persecution on account of her identity as an “immediate relative of Salvadorian police officers involved in anti-gang efforts.” Courtesy of Alexander Miller.
DOJ Final Plan for Retrospective Analysis of Existing Rules
DOJ Final Plan for Retrospective Analysis of Existing Rules, dated 8/22/11, establishing a working group to institutionalize a culture of retrospective review and identifying several rules for review including 8 CFR Parts 1003, 1103, 1211, 1212, 1215, 1216, and 1235.
NY Immigration Attorney and Two Others Arrested in Human Smuggling Case
ICE press release announcing that NY immigration attorney Hak Tung Lam and two other individuals were charged with conspiracy to commit alien smuggling for their alleged facilitation of a human smuggling operation that brought hundreds of Chinese nationals into the U.S.
CA9 on Credibility and Corroboration in Chinese Christian Asylum Case
The court held that although the adverse credibility finding was based on mischaracterizations of testimony and trivial inconsistencies, Petitioner failed to respond to the request for corroborative evidence or explain his failure to do so. (Ren v. Holder, 8/19/11)
AILA Calls DHS Prioritization Plan Strong Step Forward for Immigration Enforcement
AILA press statement responding to DHS announcement establishing a high-level committee to ensure implementation of its enforcement priorities and to relieve pressure on an already overburdened immigration court system.
DHS Background Information on Prosecutorial Discretion Initiatives
DHS background information outlining implementation of ICE enforcement priorities including prosecutorial discretion initiatives, which DHS Secretary Napolitano included with an 8/18/11 letter to 22 U.S. senators.
DHS Letter to Senators Regarding Prosecutorial Discretion
A 8/18/11 letter from DHS Secretary Napolitano to Senator Dick Durbin and 21 other Senators on the implementation of an interagency working group to execute a case-by-case review of all individuals currently in removal proceedings. Letter includes background information.
DHS Announcement on New Process for Implementation of Prosecutorial Discretion Memo
An 8/18/11 letter from DHS Secretary Janet Napolitano announcing a new process for implementing the 6/17/11 prosecutorial discretion memorandum.
White House Blog on Using Prosecutorial Discretion to Maximize Public Safety
White House blog announcing that DHS, along with DOJ, will be reviewing the current deportation caseload to clear out low-priority cases in order to better focus enforcement resources on removing individuals who have been convicted of crimes or pose a security risk.
AILA Report on Immigration Enforcement
AILA report, Immigration Enforcement Off Target: Minor Offenses With Major Consequences, examines the dangers of merging civil immigration enforcement with local criminal law enforcement and urges DHS to follow its priorities and to prevent abuses.
CA3 Says IJ Must Consider All Hashmi Factors before Denying Continuance
Where Petitioner had an approved visa petition, the court found that the BIA erred in denying his motion to reconsider the denial of a continuance request based primarily on lack of visa availability and timing considerations. (Simon v. Holder, 8/17/11)
New AILA Report Says DHS Immigration Enforcement is Far “Off Target”
AILA announces the release of Immigration Enforcement Off Target: Minor Offenses with Major Consequences, a report featuring 127 cases where DHS took enforcement action against harmless people who were picked up and referred by local police officers.
CA3 on Legitimation and Derivative Citizenship under Former INA §321(a)(3)
The court found that under Cape Verde law, Petitioner is legitimated regardless of the fact that his natural father took no formal steps to assert paternity and is therefore, not eligible for derivative citizenship. (Brandao v. Att’y Gen. of the U.S., 8/16/11)
White House Blog about Reform, Enforcement, and Removals under the Obama Administration
White House blog post on the Administration’s efforts to improve the immigration system, in the absence of reform legislation, by making enforcement smarter and more effective. The blog addresses Secure Communities and statistics on the removal of individuals from the U.S.
President Obama Grants DED Extension for Liberians
An 8/16/11 Presidential Memorandum granting an 18-month extension of Deferred Enforced Departure (DED) and authorizing employment for Liberian nationals who are currently in the U.S. under the existing grant of DED, through 3/31/13.
Former USCIS Supervisor Receives Five-Year Sentence for Fraud and Bribery Charges
ICE press release announcing that a former USCIS supervisor and his son were sentenced to 60 and 48 months in prison respectively, for conspiracy, bribery, and honest services wire fraud offenses. The former immigration services officer was also convicted of visa fraud.
CA8 Upholds Denial of Asylum for Venezuelan Woman
The court upheld the BIA’s conclusion that Petitioner failed to establish that she was targeted on account of her political opinion or sexual orientation, or that the treatment she experienced rose to the level of persecution. (Lopez-Amador v. Holder, 8/15/11)
AILA/NIJC Brief Supports Rehearing in CA9 Case Interpreting Unlawful Presence
AILA brief of amici urging withdrawal of Carillo de Palacios, where the Ninth Circuit held that unlawful presence under §212(a)(9)(C)(i)(I) may accrue prior to IIRIRA’s 4/1/97 effective date, and supporting remand to the BIA or panel rehearing or rehearing en banc.