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
ICE’s Union “On The Water Front”
The ICE union's reaction to ICE Director John Morton's prosecutorial discretion memorandum shows that the union leadership, apparently out of touch with its own members, is hell bent on maintaining the status quo-indiscriminate arrest, detention, prosecution, and deportation of immigrants-without th
CA9 Allows Consideration of Alien’s Admission in Determining Removability (Withdrawn)
Clarifying Cheuk Fung S-Yong, the court held that an IJ may consider an alien’s admissions regarding removability if they are corroborated by the narrow set of documents that are part of the record of conviction. (Pagayon v. Holder, 6/24/11; withdrawn 12/8/11)
BIA Addresses K-2 Age Out Eligibility for Adjustment of Status
The BIA held that the derivative child of a fiancée visa holder is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the U.S. on a K-2 visa. Matter of Le, 25 I&N Dec. 541 (BIA 2011)
ICE Union Leaders Speak Out Against Prosecutorial Discretion Memo
A 6/23/11 press release of the National ICE Council calls the 6/17/11 Morton memorandum on prosecutorial discretion a “law enforcement nightmare” and “just one of many new ICE policies in queue aimed at stopping the enforcement of U.S. immigration laws.”
Jose Antonio Vargas Takes His Seat
The success of a civil rights movement depends on people who are willing to take extraordinary personal risk. Yesterday Jose Antonio Vargas, the Pulitzer Prize winning journalist, did just that by outing himself as an undocumented immigrant in the New York Times, the nation's leading newspaper of r
ICE Announces the Arrest of More Than 2,400 Undocumented Individuals in Cross Check Operation
ICE press release announcing that more than 2,400 undocumented individuals with prior criminal convictions were arrested in May 2011 as a result of a targeted Cross Check operation which was carried out across all 50 states over a seven-day period.
BIA Remands for Further Fact Finding in Domestic Violence Asylum Case
In an unpublished decision, the BIA remanded for entry of a new decision, calling for further factual development and arguments specific to the gender-based asylum claim, consistent with the Attorney General’s directive in Matter of R-A-. Courtesy of Aleksander Milch.
CA9 Finds California Concealed Weapon Conviction Is a Firearms Offense
The court held that a conviction for carrying a concealed weapon under California Penal Code §12025(a) is categorically a removable firearms offense under INA §237(a)(2)(C). (Gil v. Holder, 6/22/11)
CA10 Says Constitutionality of Plea Is Not an Element of Proving “Conviction”
The court rejected Petitioner’s argument that in light of Padilla v. Kentucky, the government must prove in immigration proceedings that the alien received constitutionally adequate advice about the consequences of his criminal plea. (Waugh v. Holder, 6/22/11)
CA11 Rejects Ineffective Assistance Claim Where Counsel Conceded Removability
The court held that substantial evidence supports the BIA’s finding that counsel made a reasonable strategic decision in conceding removability for Petitioner’s misrepresentation where Petitioner was eligible for §237(a)(1)(H) waiver. (Ali v. U.S. Att’y Gen., 6/22/11)
EOIR Releases Flyer to Help in the Fight against UPIL
EOIR press release announcing a new flyer to help in the fight against the unauthorized practice of immigration law (UPIL), which will be distributed by all 59 immigration courts to respondents in removal proceedings. A copy of the flyer is attached to the announcement.
DHS Responds to AILA Regarding Treatment of Cases Impacted by DOMA
A 6/21/11 letter from Kelly Ryan, DHS Acting Deputy Assistant Secretary for Policy, stating that until DOMA is repealed or struck down, DHS will continue to exercise its discretion in individual cases, but will not grant blanket relief or hold DOMA cases in abeyance.
ICE Memo on Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities
ICE 6/17/11 memorandum by Director John Morton issuing guidance to ICE personnel on the exercise of prosecutorial discretion. The memo also sets forth which agency employees may exercise prosecutorial discretion and what factors should be considered.
Civil Rights and Civil Liberties (CRCL) Complaint Form
Civil Rights and Civil Liberties (CRCL) Complaint Form in English for individuals or organizations who believe civil rights violations connected to Secure Communities have occurred. The form is also available in eight other languages on the DHS website.
ICE Memo on Prosecutorial Discretion Regarding Certain Victims, Witnesses, and Plaintiffs
ICE 6/17/11 memo from Director John Morton setting policy on the exercise of prosecutorial discretion in removal cases involving victims and witnesses of crime, including domestic violence, and individuals involved in non-frivolous efforts related to civil rights protection.
ICE Revised Immigration Detainer Form I-247 (6/11) (Updated 9/6/11)
ICE revised immigration detainer Form I-247, issued in June 2011. The form instructs that state and local authorities are not to detain an individual for more than 48 hours, excluding weekends and holidays, and requires local law enforcement to provide a copy to detainees.
DHS Plan for State and Local Law Enforcement Secure Communities Trainings
The DHS Office for Civil Rights and Civil Liberties (CRCL) and ICE outline of the plan for a series of training /awareness briefings on the Secure Communities program designed for use by state and local law enforcement agency personnel during daily briefings.
CRCL/ICE Overview of Quarterly Statistical Monitoring of Secure Communities
CRCL/ICE overview of the plan to analyze Secure Communities data on a quarterly basis beginning in June 2011, to identify law enforcement agencies that might be engaged in improper police practices.
AILA Comments on DHS Promise to Reform Enforcement with New Policies
AILA statement on DHS 6/17/11 written policies directing ICE officers, agents, and attorneys to use prosecutorial discretion to implement its priorities for immigration enforcement as well as reforms to the Secure Communities program.
CA9 Says Corroboration Not Required When Determining Timeliness of Asylum Claim
The en banc court found that the BIA improperly imported the corroboration requirement of INA §208(b)(1)(B)(ii), governing the merits of asylum, into §208(a)(2)(B), requiring applications to be filed within one year of arrival in the U.S. (Singh v. Holder, 6/17/11)
CA3 Directs BIA to Grant Withholding to Uzbek Nationals
The court directed the BIA to grant withholding of removal without remand finding that despite two opportunities, the BIA failed to support its conclusion that Petitioners are a danger to the U.S. with substantial evidence. (Yusupov v. Att’y Gen. of the U.S., 6/16/11)
HRW Report on Transfers of Detained Immigrants
Human Rights Watch report entitled “A Costly Move,” analyzes 12 years of data and finds that transfers separate detained immigrants, including LPRs, refugees, and undocumented people from the attorneys, witnesses, and evidence they need to defend against deportation.
DHS Memo on Secure Communities Complaints Protocol
DHS 6/14/11 memorandum by Margo Schlanger of the DHS Office for Civil Rights and Civil Liberties (CRCL) and Gary Mead of ICE, setting out how CRCL and ICE will address civil rights complaints involving state and local law enforcement and ICE's Secure Communities program.
CA8 on False Claims to U.S. Citizenship by Unaccompanied Minors
Over dissent, the court vacated the removal order and remanded to the BIA to clarify the standard it uses in applying the inadmissibility provision for a false claim to U.S. citizenship, INA §212(a)(6)(C)(ii), to unaccompanied minors. (Sandoval v. Holder, 6/14/11)
CA8 Rejects §245(i) Claim for K-1 Entrant Who Did Not Marry Petitioner
The court held that 8 CFR §245.1(c)(6)(i) is a permissible construction of INA §245 and bars a K-1 visa holder from adjusting status on any basis other than marriage to the U.S. citizen petitioner notwithstanding §245(i). (Birdsong v. Holder, 6/13/11)