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
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.
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 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.
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)
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 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.
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.
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.
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.
AILA Joins Amici in Arguing Tax Offense Is Not an Aggravated Felony
AILA brief of amici urging the Ninth Circuit to find that the offense of making a false statement on a tax return in violation of 26 USC §7206 should not be interpreted as an aggravated felony under INA §101(a)(43)(M).
CA6 Says BIA Remand for Voluntary Departure Is a Final Order Subject to Review
The court held that the BIA’s remand to the IJ for the sole purpose of allowing Petitioners to apply for voluntary departure was an administratively final order of removal for purposes of INA §242, subject to the court’s review. (Giraldo v. Holder, 8/12/11)
CA9 Finds Jurisdiction; Says BIA Remand Is a Final Order
The court held that the BIA’s reversal of asylum and remand for voluntary departure proceedings was a final order and that neither Dada v. Mukasey, nor the 2009 voluntary departure regulations undermines the court’s jurisdiction. (Pinto v. Holder, 8/12/11)
CA9 Eliminates “Missing Element” Rule in Modified Categorical Approach
The en banc court overruled the court’s prior holding in Navarro-Lopez v. Gonzales, that the modified categorical approach does not apply when the crime of conviction is missing an element of the generic crime. (United States v. Aguila-Montes de Oca, 8/11/11)
CA1 Remands Albanian Asylum Claim to Reconsider Past Persecution
The court remanded the case for the BIA to reconsider evidence of the systematic and serious abuse of Petitioner’s children, which included two kidnappings, three beatings, and an aggravated rape as part of his claim of past persecution. (Precetaj v. Holder, 8/11/11)
Federal Judge Clears Way for Lawsuit Challenging U.S. Government's Immigration Detainers
National Immigrant Justice Center press release announcing that a federal judge in Illinois ruled that a federal lawsuit can proceed which challenges the U.S. government’s use of immigration detainers, a key tool in the Secure Communities enforcement program.
BIA on Obligation of Immigration Officers to Advise on Right to Counsel
The BIA held that where an alien is arrested without a warrant, the obligation to advise of the right to counsel does not attach until proceedings are commenced and any statements made during interrogation may be used against him. Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011)
CA9 Interprets Reach of SAW Confidentiality Provision
The court held that the SAW confidentiality provision, INA §210(b)(6)(A), applies exclusively to the application and that there is no violation when the challenged information is obtained via questioning at an inspection checkpoint. (Soriano-Vino v. Holder, 8/10/11)
CA9 Overrules Matsuk; Finds Jurisdiction to Review Particularly Serious Crime Determination
The court found jurisdiction to review the decision that a conviction is a particularly serious crime and remanded to the BIA for a clear explanation of its finding that Petitioner’s DUI conviction barred him from relief. (Delgado v. Holder, 8/19/11)
CA10 Says Colorado Felony Menacing Is an Aggravated Felony
The court held a conviction for felony menacing under Colo. Rev. Stat. §18-3-206(a) or (b) necessarily involves the threatened use of physical force and is therefore, an aggravated felony crime of violence under 18 USC §16(a). (Damaso-Mendoza v. Holder, 8/9/11)