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
Death Number 105: Pedro Juan Tavarez
Now that health care legislation has passed the House of Representatives, all eyes are on the Senate. Will the U.S. Congress send President Obama a heath care bill he can sign? Stay tuned. But while Congress considers health care reform, including whether or not to include a “public option“, t
DHS Announcement on First Year of Secure Communities Initiative and Expansion
DHS Secretary Napolitano and ICE Assistant Secretary Morton announced that ICE's Secure Communities initiative will have a presence in every state by 2011 and be available to every US law enforcement agency by 2013. DHS announced the program identified over 111,000 criminal aliens in local custody.
AIC/AILA Recommendations for Protecting the Right to Effective Assistance of Counsel
The American Immigration Council (AIC) and AILA letter to EOIR recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
BIA on Determining Good Cause for a Continuance for Adjustment
The BIA held that in determining if good cause for a continuance exists to await adjudication of an I-140 or labor certification, IJ should determine place in the process and consider Matter of Hashmi, and other relevant considerations. Matter of Rajah, 24 I&N Dec. 127 (BIA 2009)
DHS OIG Report on ICE Detainee Transfers
DHS OIG issued a report on ICE detainee transfer policies and procedures and recommends a national standard for reviewing each detainee’s administrative file prior to a transfer determination and that ICE develop protocols with EOIR court administrators for exchanging hearing and transfer schedules.
Attorneys’ Perspectives on the Rights of Detained Immigrants
This study on sampled attorneys who represent detained immigrants and public defenders who are appointed to represent detained immigrants for criminal violations. The study collected reports of violations of clients’ rights and includes results on barriers to representation and medical care.
ICE Fact Sheet on Alternatives to Detention for ICE Detainees
On 10/23/09, ICE released a fact sheet on alternatives to detention for ICE detainees. The fact sheet includes information regarding the Intensive Supervision Appearance Program, or ISAP, Enhanced Supervision/Reporting (ESR), and Electronic Monitoring (EM).
AILA/NBC Liaison Meeting Minutes (11/05/09)
On 11/05/09, AILA’s NBC Liaison Committee met with the National Benefits Center and addressed the following issues: EAD’s while in proceedings, I-90s, service error Motions to Reopen, and more.
ICE Secure Communities MOA with the State Identification Bureau Template
ICE template of the Secure Communities Memorandum of Agreement with the State Identification Bureau on the ICE FOIA Electronic Reading Room. The MOA on SC implementation sets forth the responsibilities of ICE and the participating SIB related to biometric interoperability.
2009 ICE Secure Communities Standard Operating Procedures
ICE Secure Communities Standard Operating Procedures on the FOIA Electronic Reading Room, detailing processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking.
An Open Letter To ICE Assistant Secretary John Morton
Dear Assistant Secretary Morton: Your assumption of the reins at U.S. Immigration and Customs Enforcement earlier this year has brought optimism. You seem to bring a much needed fresh perspective to the enforcement arm of the Department of Homeland Security.In particular your observation that since
BIA on Waiver Eligibility for Drug Paraphernalia Offense
The BIA held that an alien who is inadmissible based on a drug paraphernalia offense may qualify for a waiver of inadmissibility if that offense “relates to a single offense of simple possession of 30 grams or less of marijuana.” Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009)
Immigration Law Advisor, October 2009 (Vol. 3, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the meaning of “admission” and “admitted” in the INA, federal court activity for September 2009, immigration in the October 2009 term of the Supreme Court, recent BIA precedent decisions, and a regulatory update.
Report on NYC Pro Bono Project at Varick Federal Detention Center
The City Bar Justice Center issued a report on the NYC Know Your Rights Project, a collaboration of the Center, the Legal Aid Society, and the AILA NYC Chapter, where pro bono attorneys provide counseling to detainees at a weekly clinic at the Varick Federal Detention Center.
AILA/ICE Liaison Meeting Minutes (10/30/09)
Minutes from the AILA/ICE Liaison Committee meeting on 10/30/09, address: detention reforms, transfers, motions to reopen, prosecutorial discretion and more.
BIA Finds Plea Agreement Controls in Determining Eligibility for Former §212(c) Relief
The BIA held that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien’s plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009)
Law Firm President Given Ten Months in Prison for Role in Visa Fraud Scheme
Court documents and press releases relating to an ICE, FDNS, and DOL investigation of a California law firm for the filing of at least 137 fraudulent immigration petitions for nearly 100 clients between 1996 and 2009. (U.S. v. Giles, 10/29/09)
CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application
The court finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09).
CA10 Denies Petition for Review based on Precedent in Rosillo-Puga v. Holder
CA10 denied petition for review finding it is bound by Rosillo-Puga v. Holder, in which it concluded that the BIA reasonably determined 8 CFR §1003.2(d) divests it of jurisdiction to entertain motions to reopen removal proceedings of deported aliens. (Mendiola v. Holder, 10/28/09)
AILA/EOIR Liaison Q&As (10/28/09)
EOIR Q&As from the AILA EOIR Liaison Committee meeting on 10/28/09, addressing access to counsel, asylum officer assessment introduced into record, fraud/misrepresentation waivers, hearing information over 1-800 number, renewal of I-485 in proceedings, bond hearings, I-130 appeal delays, and more.
BIA on Authority to Reopen Removal Proceedings
The BIA held that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. Matter of Yauri, 25 I&N Dec. 103 (BIA 2009)
Person Detained by ICE Passes Away at Boston Hospital
On 10/19/09, Pedro Juan Tavarez, a 49-year-old national of the Dominican Republic being held on immigration violations, passed away at Brigham and Women's Hospital in Boston, MA.
DOJ OIL Immigration Litigation Bulletin June – July 2009
DOJ OIL issues Immigration Litigation Bulletin for June – July 2009. The publication is intended to keep litigating attorneys within the DOJ and DHS informed about immigration litigation matters.
BIA Applies "Rollback Provision" under Cuban Adjustment Act
The BIA held that in determining removability for an alien whose adjusted under the Cuban Adjustment Act and is convicted of a CIMT within five years after the “date of admission,” the date is calculated according to the rollback provision. Matter of Carrillo, 25 I&N Dec. 99 (BIA 2009)
ICE Announces Standardized 287(g) Agreements
On October 16, 2009, ICE announced standardized memoranda of agreement for state and local law enforcement agencies participating in the 287(g) program. Following the announcement is a list of local and state law enforcement agencies that are participating.