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
Supreme Court Reverses and Remands in Negusie v. Holder
The Supreme Court reverses and remands to the BIA, finding error in the misapplication of Fedorenko regarding coerced conduct and the persecutor bar to asylum. (Negusie v. Holder, 3/3/09)
CA7 Upholds Denial of Application for Cancellation of Removal for Petitioner with Pre-IIRIRA Conviction for Marriage Fraud
CA7 concludes that the petitioner’s visa-fraud conviction disqualifies him from cancellation of removal. Finds that the petitioner cannot show that he has been harmed by his reliance on pre-IIRIRA law because he would have been ineligible under the pre-IIRIRA regime. (Obi v. Holder, 3/3/09)
Testimony Before House Appropriations Committee on Medical Care for Immigrant Detainees
On 3/3/09, the Subcommittee on Homeland Security of the House Appropriations Committee held a hearing on “Health Services for Detainees in U.S. Immigrations and Customs Enforcement Custody.”
Sign-On Letter to Attorney General Holder Regarding Matter of Silva-Trevino
A 3/3/09 AILF sign-on letter to Attorney General Holder urges the withdrawal of Attorney General Mukasey's opinion in Matter of Silva-Trevino, which discards categorical analysis in determining whether a prior conviction is a crime involving moral turpitude.
Immigration Law Advisor, February 2009 (Vol. 3, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on differentiating the material support and persecutor bars in asylum claims, federal court activity for January 2009, and a regulatory update.
EOIR FY2008 Statistical Yearbook
The EOIR Statistical Yearbook for FY2008 provides data on proceedings reviewed and completed by the immigration courts and the BIA.
DHS OIG Releases Report on Tracking and Transfer of Detainees
The DHS Office of Inspector General released a March 2009 report on the results of an audit of ICE's detainee tracking, transfer processes, and medical screenings and physical examinations.
Section-by-Section Analysis of Immigration Oversight and Fairness Act (H.R. 1215)
Section-by-section analysis of the Immigration Oversight and Fairness Act (H.R. 1215), introduced by Rep. Roybal-Allard (D-CA) on 2/26/09. This document was produced by AILA and the Lutheran Immigration and Refugee Service.
CA2 Says BIA Erred in Focusing on Date of Conviction Rather Than Date Proceedings Began
The court found the petitioner eligible for 212(c) relief because IIRIRA's repeal of 212(c) does not apply to foreign nationals whose deportation proceedings predate the Act's effective date. (Garcia-Padron v. Holder, 2/26/09)
Bill Text of Immigration Oversight and Fairness Act
On 2/26/09, Rep. Roybal-Allard introduced the Immigration Oversight and Fairness Act (H.R. 1215), a bill which aims to reform immigration detention procedures.
Fact Sheet Regarding Asylum-Related Provisions of the TVPRA
The AILA Asylum committee offers a February 23, 2009, Fact Sheet from USCIS Asylum Division concerning the implementation of the asylum-related provisions of the Trafficking Victims Protection Reauthorization Act (TVPRA).
TSC Practice Alert: Biometrics Scheduling for EOIR Cases
AILA/TSC Liaison has learned that although a fix occurred in December 2008 regarding the automatic biometrics scheduler, all biometrics appointments were not scheduled automatically.
EOIR Acting Director Snow's Letter to the Washington Post on Public Access to Immigration Proceedings
A 2/23/09 letter from Thomas Snow, Acting Director, EOIR, to Tom Shroder, Editor of the Washington Post, regarding a 2/22/09 Washington Post Magazine article titled "The Outsider." Acting Director Snow states that the article incorrectly describes the public's access to immigration proceedings.
GAO Report on ICE Resources for Providing Healthcare to Immigrant Detainees
A GAO report addresses ICE's organizational structure and its healthcare resources for detainees, findings that health care for detainees is not uniform across facilities and that there has been growth in healthcare expenditures.
BIA Remands to Allow for Additional Relevant Evidence in Cancellation of Removal Case
In an unpublished decision, the BIA remands after applicant for cancellation of removal claims removal to Honduras would pose exceptional and extremely unusual hardship to U.S. citizen daughter due to her kidney disease and other health problems. Courtesy of Luis Sanabria.
CA1 Rejects Nunc Pro Tunc §212(c) Claim
The court upheld the IJ’s decision to pretermit Petitioner’s §212(c) application where Petitioner was deemed an arriving alien and inadmissible, and the equities were not sufficiently compelling to grant §212(c) nunc pro tunc. (Nadal-Ginard v. Holder, 2/22/09)
CA3 Vacates Reinstatement Order
The court vacated the reinstatement order and remanded to answer questions such as whether the prior deportation order was invalidated by a federal district court. (Ponta-Garcia v. Att'y Gen. of the U.S., 2/20/09)
Advisory on Expansion In Relief for Unaccompanied Minors Following TVPRA
A practice advisory addresses the expansion in legal relief options for unaccompanied alien children following the enactment of the William Willberforce Trafficking Victims Protection Reauthorization Act of 2008. Courtesy of Deborah Lee, Manoj Govindaiah, Angela Morrison & David Thronson.
CA5 Addresses Receipt of Notice of Removal Hearing
CA5 finds that the petitioner’s failure to receive actual notice of his removal hearing due to his neglect of his obligation to keep the immigration court apprised of his current mailing address does not mean that he “did not receive notice.” (Gomez-Palacios v. Holder, 2/18/09
CA5 Finds “Voluntary Departure” Inapplicable to Petitioner Ordered Removed in Absentia
CA5 upholds the conviction of the petitioner who was indicted for illegal reentry after removal, finding that he could not avoid prosecution by refusing to appear at removal proceedings by departing in advance of the removal order. (United States v. Ramirez-Carcamo, 2/17/09)
287(g) Memorandums of Agreement Accessible in ICE FOIA Library
ICE 287(g) Memorandums of Agreement to enter into partnership with local law enforcement, and audits of 287(g) programs, are available for review in the ICE FOIA electronic library.
CBP Letter on Attorney Access at Barracks 5 in San Diego
A 02/13/2009 CBP letter from Mike Fisher, Chief Patrol Agent in San Diego, to the Legal Director of the American Civil Liberties Union (ACLU) of San Diego & Imperial Counties with guidance on attorney access to individuals being held at the Barracks 5 transit staging area.
CA6 Finds No Counterpart in § 212(a) to Render Petitioner Eligible for § 212(c) Relief
The court holds that because the petitioner is unable to establish grounds of inadmissibility that are comparable to the ground of removal/deportation filed against him, he is ineligible for INA § 212(c) relief. (Koussan v. Holder, 2/12/09)
IJ Finds it Proper to Adjudicate Motion to Terminate and Suppress on the Merits
The IJ citing de Rodriguez-Echeverria v. Mukasey found it proper to adjudicate respondent’s motion to terminate and suppress on the merits despite the Government’s contention that the federal courts are the appropriate forum for such arguments.
Snow Memo on Protective Orders and the Sealing of Records in Immigration Proceedings
A 2/9/09 Operating Policies and Procedures Memorandum (OPPM) from Thomas Snow, Acting Chief Immigration Judge, EOIR, provides guidance regarding issuance of protective orders and sealing of records in immigration proceedings.