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 on Requirements of Cancellation of Removal as a Battered Spouse
CA7 denied petition finding petitioner deportable under §1227(a)(2)(A)(i) and ineligible for cancellation of removal as a battered spouse because he could not meet all five requirements. (Benaouicha v. Holder, 4/6/10)
Emergency Request for Hearing and Memorandum of Law in Support of Habeas Petition
Sample emergency request for hearing on petition for writ of habeas corpus and memorandum of law supporting issuance of writ of habeas corpus to remedy unlawful detention (April 2010). (Complaint, Amendment, Other Pleading)
SCOTUS Affirms That Immigrants are People Too!
The Supreme Court yesterday issued what can only be considered a seminal decision as it applies to the constitutional rights of all immigrants. In Padilla v. Kentucky, 555 U. S. ___ (2010), the court expressed, at least in summary, its dismay at the increasing difficulties caused by today's immigrat
Immigration Law Advisor, March 2010 (Vol. 4, No. 3)
Immigration Law Advisor with an article on removability for smuggling under sections 212(a)(6)(E) and 237(a)(1)(E) of the INA, federal court activity for February 2010, an article on “crime of violence” standards in the wake of Johnson v. U.S., and recent BIA precedent decisions.
CRS Report on U.S. Immigration Policy for Haitian Migrants
On 3/31/10, the Congressional Research Service (CRS) issued a report on U.S. policy on Haitian migrants including immigration trends, policy evolution, temporary protected status, federal assistance, and options for the 111th Congress.
Immigration Detention Gone Rogue
Just when you thought it couldn't get much worse. Now we are told that ICE agents grab mentally ill immigrants right from mental hospitals, ship them off to a Texas detention center without word to family or counsel, and deport them. Could ICE's behavior be any more horrific? The latest ICE outrage
CA9 Finds CA Health & Safety Code § 11361(b) Conviction a Removable Offense
The court dismissed petition, holding that petitioner’s state conviction under CA Health and Safety Code § 11361(b) qualifies as a controlled substance offense under 8 U.S.C. § 1227(a)(2)(B)(i). (Guerrero-Silva v. Holder, 3/31/10)
Supreme Court Reverses Padilla Finding Counsel Must Inform on Plea’s Deportation Risk
Supreme Court reversed and remanded, holding that criminal defense counsel must inform noncitizen clients whether the plea carries a risk of deportation. (Padilla v. Kentucky, 3/31/10)
Internal Conflict at ICE Threatens to Stall Enforcement and Detention Reforms
On 3/27/10, internal ICE memos were released revealing deep dissension at the highest levels of ICE leadership that seriously risk derailing the Obama Administration’s reforms to our nation’s troubled immigration enforcement and detention system.
ICE Issues Letter on February 22, 2010 Memo on Removal Goals
ICE Assistant Secretary John Morton issued a letter stating that the February 22, 2010 memo does not capture ICE priorities in the last 10 months and ICE will not impose quotas that propel field officers to identify and arrest any particular number of noncriminal aliens.
CA3 on Confidentiality Provisions and LIFE Act Family Unity
The court found that the confidentiality provisions of INA §245A(c)(5) were inapplicable to an application for employment authorization submitted by the child of a LIFE Act adjustment of status applicant. (Patel v. Att'y Gen. of the U.S., 3/30/10)
CA6 Finds Actions by Secretary of DHS within § 1252(g) Jurisdictional Bar
CA6 affirmed dismissal for lack of jurisdiction, holding that an alien’s petition for a writ of prohibition that directly challenges his or her final removal order on constitutional grounds is subject to the jurisdictional bars. (Elgharib v. Napolitano, 3/30/10).
Round Up on Silva Trevino
AILA Amicus Committee alert on Matter of Silva Trevino, and its new rule for moral turpitude determinations. Guest blogging by Jenny Pelaez, from the Immigration Justice Clinic at Benjamin N. Cardozo School of Law.
Immigration Enforcement By The Numbers
I'm going to stop using the word “shocked“ to describe my reaction to ICE's dirty secrets. Frankly, it is tough to be surprised by the antics of an agency which administers a draconian a detention system in which 107 immigrant detainees have perished since 2003. But I must admit I am taken aba
CA9 Finds Aggravated Felony Provision Does Not Apply to Pre-11/18/88 Convictions
The court held that the aggravated felony ground of removal under INA §237(a)(2)(A)(iii) does not apply to convictions that occurred before November 18, 1988, the date of enactment of the law that created the provision. (Ledezma-Galacia v. Holder, 12/22/10)
ICE Responds to The Washington Post on ICE DRO Memo on Removal Goals
ICE Assistant Secretary John Morton responded to The Washington Post article from 3/27/10 citing an ICE memo. Morton states that the memo, dated 2/22/10 from ICE DRO Director James M. Chaparro, was sent without his authorization and has been withdrawn and corrected.
ICE Memorandum on Clarification of February 22, 2010 Memo on Removal Goals
ICE DRO Director James Chaparro issued a memorandum to clarify the February 22, 2010 memo to ensure that it “signals no shift” in ICE prioritizing “dangerous criminal aliens who present the greatest risk to the security of our communities.”
BIA on Forced Sterilization and DOS Country Reports
The BIA held that the evidence, considered in light of DOS country reports, failed to establish reasonable possibility that either respondent would be subject to forced sterilization for having two U.S.-born children. Matter of H-L-H & Z-Y-Z, 25 I&N 209 (BIA 2010)
AILA/ICE Liaison Meeting Minutes (3/25/10)
Minutes from the AILA/ICE Liaison Committee meeting on 3/25/10, address: reporting requirements, right to counsel, alternatives to detention, medical treatment, detention facilities, and more.
CA8 Finds Jurisdiction to Review Continuance Denial Based on Kucana Decision
CA8 denied petition and held that since Supreme Court's Kucana decision effectively overruled CA8 decision in Onyinkwa, the court has jurisdiction to review the IJ's denial of the continuance. (Thimran v. Holder, 3/25/10)
BIA Round Up: Looking Ahead, Cases to Watch
AILA Amicus Committee alert with a summary of upcoming cases at the BIA.
AILA/EOIR Liaison Meeting Minutes (3/24/10)
The AILA EOIR Liaison 3/24/10 meeting minutes address pro bono issues, Immigration Court policies and procedures, MTRs, emergency stays of deportation/removal, the BIA, technology issues, attorney sanction questions, and more.
Southern District of Iowa Court Rules on the Defendants’ Motions in Visa and Mail Fraud Case
The Court ruled to grant in part and deny in part both Defendants’ Motion to Dismiss and Motion to Suppress. Also suppressed are fruits derived from Government’s search of Defendants’ data images. (United States v. Vision Systems Group, Inc., 3/24/10)
CA8 Remands, Finding BIA Interpretation of Motion to Remand Distorted Aspect of Claim
CA8 remanded, holding that to the extent that BIA interpreted the motion to remand as an attempt to have the IJ decide her adjustment of status application, BIA's analysis distorted petitioner's request for a continuance for USCIS to consider her widow petition. (Clifton v. Holder, 3/23/10)