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
CA10 Accords Chevron Deference to Matter of Briones
The BIA was justified in departing from the law of the case and the court’s mandate in following Briones and concluding that petitioner could not adjust under §245(i) because he was inadmissible under §212(a)(9)(C)(i)(I). (Padilla-Caldera v. Holder, 3/14/11)
AILA Comments on the ICE Draft Policy for Resumed Removals to Haiti
AILA’s comments in response to a 03/07/11 ICE draft policy for resume removals to Haiti. In addition to submitting comments, AILA requests that the Administration immediately convene a joint meeting with AILA and other advocacy organizations.
CA9 Upholds IJ Denial of Motion to Suppress
The court found that the county deputy sheriff’s detention of Petitioners at a gas station while waiting for an immigration agent to arrive did not constitute an egregious violation of Petitioners’ Fourth Amendment rights. (Martinez-Medina v. Holder, 3/11/11)
CA11 Remands for Modified Categorical Analysis
The court held that a violation of 18 USC §892(a) for making an extortionate extension of credit, is not categorically an aggravated felony crime of violence under INA §101(a)(43)(F). (Accardo v. U.S. Att’y Gen., 3/10/11)
Really? You’re Proud of That?
Today, in front of the Senate Judiciary Committee, DHS Secretary Napolitano answered a query from Senator Grassley to the effect that this administration granted fewer deferred actions in the past year than the Bush administration did in its last year. Deferred action: that would be the legal amel
Combating the Terrorism Bars Before DHS and the Courts
An article reprinted from AILA’s Immigration Practice Pointers 2010-2011 Edition on terrorism-related inadmissibility grounds (TRIG) by Anwen Hughes, Thomas K. Ragland and David Garfield.
USCIS Comment Request on Form I-589 Extension
USCIS 30-day comment request on the extension of the validity of Form I-589, Application for Asylum and Withholding for Removal. Comments are due 4/7/11. (76 FR 12751, 3/8/11) (75 FR 74069, 11/30/10)
ICE To Resume Deportations to Haiti: First Rule “Do No Harm”
No one can argue with the removal of dangerous criminals. That is why grounds of removability for serious crimes are in the law. But when the US effectively dumps hundreds of people, especially thugs convicted of “homicide, rape, sexual assault, robbery, sex offense against children,“ and oth
CA9 Says §241(a)(6) Detainees Are Entitled to a Bond Hearing
The court reversed the district court and held that an individual facing prolonged detention under INA §241(a)(6) is entitled to release on bond unless the government establishes that he is a flight risk or a danger to the community. (Diouf v. Napolitano, 3/7/11)
USCIS Comment Request on the Extension of Form I-881
USCIS 30-day comment request on the extension of the validity of Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. Comments are due 4/6/11. (76 FR 12364, 3/7/11)(75 FR 80836, 12/23/10)
DHS Testimony of Secretary Napolitano on DHS FY2012 Budget Request
DHS testimony of Secretary Napolitano before the U.S. House Committee on Homeland Security on DHS’s FY12 budget requests including an outline of DHS’s six core missions, increased border security measures, enforcement and administration of current immigration laws, and more.
ICE Proposed Policy for Resumed Removals to Haiti
ICE proposed policy for resumed removals to Haiti. Comments will be accepted by ICE until 3/11/11. Proposed policy follows instruction page.
CA5 on IJ Authority to Reopen In Absentia Order Sua Sponte
The court held that INA §240(b)(5)(C)(i), which permits a motion to reopen to rescind an in absentia removal order only if it is filed within 180 days, trumps the immigration judge’s sua sponte authority to reopen proceedings at any time. (Gregoire v. Holder, 3/4/11)
CA5 Says Waiver of Appeal Was Knowing and Intelligent
The court held that the record of proceedings contained substantial evidence to support the BIA’s finding that Petitioner knowingly and intelligently waived his right to appeal in accepting an order of voluntary departure. (Kohwarian v. Holder, 3/4/11)
BIA on "Attempt" as a Crime Involving Moral Turpitude
The BIL held that where the offense underlying a conviction for attempt is a CIMT, the alien is considered to have been convicted of a CIMT for purposes of INA §237(a)(2)(A), even though that section makes no reference to attempt offenses. Matter of Vo, 25 I&N Dec. 426 (BIA 2011)
CA2 Says 30-Day PFR Deadline Does Not Violate Suspension Clause
The court found that the motion to reopen is an effective substitute for habeas review, the motion to reopen process cannot be unilaterally terminated by the government, and agency denials are subject to meaningful judicial review. (Luna & Thompson v. Holder, 3/3/11)
ICE Memo on Civil Immigration Enforcement
A 3/2/11 memo by ICE Director, John Morton, outlining ICE enforcement priorities as they relate to the apprehension, detention, and removal of undocumented immigrants. This updates the 6/30/10 Morton memo on ICE enforcement by adding Section F "No Private Right Statement."
VOICE: March/April 2011
The latest issue of VOICE: An Immigration Dialogue features articles on the Central American gang phenonemon, how to create a path to permanent residence through job creation, how to start your own immigration firm, and much more!
CA9 Remands, Finding No Retroactive Bar to §212(c) Under IIRIRA
The court held that Petitioner, who was a SAW lawful temporary resident when he pleaded guilty in 1989, had a settled expectation of the availability of §212(c) relief at the time of his plea. (Gallegos-Vasquez v. Holder, 3/1/11)
DOJ OIL February 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) February 2011 Litigation Bulletin covers the court’s finding in Abufayad v. Holder, litigating executed final orders, and OIL Director Thomas Hussey stepping down, as well as summaries of court decisions, and more.
Immigration Law Advisor, February 2011 (Vol. 5, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on crimes of violence under 18 USC 16(b), circuit court decisions for January 2011, and recent BIA precedent decisions.
House Judiciary Hearing on Immigration and American Minorities
Testimony from the 3/1/11 House Judiciary Subcommittee on Immigration Policy and Enforcement hearing titled “Making Immigration Work for American Minorities.”
MPI Report on Executive Action to Make the Immigration System Work Better
A March 2011 Migration Policy Institute (MPI) report suggesting six ways executive action could be used to improve the performance of the U.S. immigration system, by building on policies of principal executive branch immigration agencies, without requiring new legislation.
AILA's Pro Bono Newsletter, Winter 2011
In the Winter 2011 Pro Bono Newsletter, get help in overcoming common obstacles to pro bono implementation and hear an Equal Justice Works fellow describe her experience working at a detention center in Texas.
CA5 on IJ/BIA Jurisdiction Over Motions to Reopen
The court found that the BIA did not abuse its discretion in holding that Petitioner’s appeal from the IJ’s denial of her first motion to reopen deprived the IJ of jurisdiction to adjudicate a subsequent motion to reopen. (Lemus-Reyes v. Holder, 2/28/11)