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 Policy on Notification and Reporting of Detainee Deaths
ICE policy number 11003.2, dated 5/19/11, providing initial notification and ongoing reporting responsibilities after the death of a detainee in the custody of ICE. This policy memo supersedes a 10/1/09 memo. Obtained through FOIA by Stephen Yale-Loehr
EOIR Director Osuna’s Testimony on the Immigration Court System
Testimony of EOIR Director Juan Osuna on improving efficiency and ensuring justice in the immigration court system, given before the Senate Committee on the Judiciary on 5/18/11, in which he addresses caseload, hiring and training, ethics and accountability, BIA, and more.
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules, dated May 18, 2011, creates an internal working group that would review existing regulations, collaborate with rulemaking components, solicit public comment, and recommend revisions.
AILA Testimony on Immigration Courts Submitted to Senate Judiciary Committee
AILA testimony submitted to the Senate Judiciary Committee for the 5/18/11 hearing titled Improving Efficiency and Ensuring Justice in the Immigration Court System.
EOIR Updated Guidance on Applications for Suspension/Cancellation Once Numbers are No Longer Available
Chief Immigration Judge Brian O’Leary issued OPPM 11-01 stating that once numbers are no longer available in a fiscal year, Immigration Judges must, with some exceptions, reserve the decision in all suspension of deportation or cancellation of removal cases which are subject to the cap.
CA9 Says WA Criminal Assistance Is Not Categorically an Aggravated Felony
The court held that Petitioner’s misdemeanor conviction for rendering criminal assistance in violation of Wash. Rev. Code §9A.76.080 is not categorically an aggravated felony obstruction of justice crime under INA §101(a)(43)(S). (Hoang v. Holder, 5/17/11)
Minnesota Court Says Padilla v. Kentucky Applies Retroactively
The court found that the Supreme Court decision in Padilla v. Kentucky is not a new rule of constitutional criminal procedure and therefore applies retroactively to cases on collateral review. (Campos v. Minnesota, 5/16/11)
What Legal Authority Does President Obama Have to Act on Immigration?
Article by David Leopold published in the May 2011 issue of Bloomberg Law Journal exploring three concepts — prosecutorial discretion, deferred action, and parole — that are being discussed in public debates but are frequently misunderstood.
ICE Announces Three Sentenced for the Making and Selling of Fraudulent ID Documents
ICE press release announcing that three Mexican nationals were sentenced to federal prison for charges relating to the trafficking of identification documents and the possession of document-making implements. The three men will be removed following their sentences.
CA1 Finds Rape of Cambodian Woman Was Not Politically Motivated
The court upheld the IJ’s denial of asylum, finding that the evidence suggested that the rapist took personal advantage of information that Petitioner was vulnerable in her husband’s absence, not that the rapes were politically motivated. (Pheng v. Holder, 5/12/11)
AILA/ICE Liaison Meeting Minutes (04/14/11)
AILA ICE Liaison Committee report from an April 14, 2011 liaison meeting with ICE. Questions and answers address detainers, transfers of individuals in detention, ISAP, bond, detention standards at non-DHS facilities, and more.
Texas Court Says Padilla v. Kentucky Applies Retroactively
The court found that the Supreme Court decision in Padilla v. Kentucky applies retroactively and affirmed the vacatur of appellee’s 1994 conviction where counsel failed to inform him of the immigration consequences of a guilty plea. (Texas v. Golding, 5/12/11)
BIA Sets Forth Framework for Firm Resettlement Findings
The BIA set forth a framework for firm resettlement determinations, focusing exclusively on the existence of an offer of permanent resettlement, and allowing for the consideration of direct and indirect evidence. Matter of A-G-G, 25 I&N Dec. 486 (BIA 2011)
Action Speaks Louder Than Words: President Obama Can Use The Law To Help Families and Businesses Even If Congress Refuses To Act On Immigration
I think we can all agree that in the past couple of weeks President Obama has demonstrated he has the guts to make tough decisions. He is a Commander-in-Chief worthy of the title; one who is willing to put the country first, regardless of risk to his own political future. Fixing our broken immigrat
CA9 Remands for Decision on Whether CA Failure to Register Is a CIMT
The court remanded to the BIA to determine whether failure to register as a sex offender under California law constitutes a CIMT given the “significant intervening developments” in CIMT analysis since the BIA’s 2007 decision. (Pannu v. Holder, 5/11/11)
White House Blueprint for Building a 21st Century Immigration System
White House May 2011 Blueprint summarizes the Obama Administration’s border security and enforcement efforts to date, discusses the economic benefits of immigration reform, and outlines the President Obama’s vision for a 21st century immigration policy.
OIG Report on the Supervision of Undocumented Individuals Commensurate With Risk
DHS OIG report assessing and making recommendations with regard to the effectiveness of ICE’s decision-making process on whether to detain undocumented individuals or to place them in supervised release.
CBP Publishes Guidance for International Travelers on Forms I-192, I-212, and I-824
CBP guidance published on 5/9/11 providing information for international travelers regarding Forms I-192, I-212, and I-824, as well as a listing and the associated contact information for the designated ports that accept such forms in advance of travel.
CA9 Says BIA Failed to Consider Service to the Community in §212(c) Case
The court remanded, finding that the BIA failed to consider all of the positive factors bearing on Petitioner’s application for 212(c) relief because it did not consider substantial evidence of Petitioner’s value and service to the community. (Zheng v. Holder, 5/6/11)
Five Indicted in Texas in Alleged H-2B Fraud Scheme
A grand jury indicted five defendants on conspiracy to commit visa fraud and to encourage aliens to illegally enter and reside in the U.S. The indictment alleges that the defendants have conspired since August 2004 to knowingly obtain H-2Bs under false pretenses. (U.S. v. Vicharelly, 5/5/11)
AG Exercises Review Authority in DOMA Case
The AG vacated the BIA’s order and remanded the matter to the BIA to determine whether and how the constitutionality of the Defense of Marriage Act impacts respondent’s eligibility for cancellation of removal. Matter of Dorman, 25 I&N Dec. 485 (AG 2011)
ICE Announces the Passing of an El Salvadoran National While in ICE Custody
ICE press release announcing that Miguel Hernandez, a 54-year-old El Salvadoran national, passed away at a Georgia medical center after collapsing at the North Georgia Detention Center. He was the eighth individual to pass away in ICE custody in FY 2011.
CA9 Says Res Judicata Binds IJ/BIA to Proceed with §212(c) Case
The court held that res judicata binds the BIA to the district court’s decision that Petitioner is eligible for §212(c) relief and that Blake and Brieva do not constitute a change in the law to bar res judicata. (Paulo v. Holder, 5/4/11)
USCIS Fact Sheet on Public Charge
USCIS fact sheet provides information about public charge determinations, including the background and definition, as well as which benefits are subject to public charge consideration, to help noncitizens make decisions about whether to apply for certain public benefits.
BIA Provides Framework for Assessing Mental Competency (Updated 5/13/11)
The BIA set forth a framework to assess the competency of respondents in proceedings and remanded, finding good cause to believe respondent was not competent to proceed. Courtesy of the Univ. of Houston Immigration Clinic. Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011)