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
INS Says Deferred Action Is Lawful Presence
A 6/12/02 memo from Johnny Williams, Executive Associate Commissioner (INS) indicating that while an individual is in deferred action he or she does not accrue unlawful presence.
BIA Imputes Parent’s Lawful Residence to Minor to Establish Domicile
The BIA held that the period of an alien’s residence in the U.S. after admission as a nonimmigrant may be considered in calculating the 7 years of continuous residence required to establish eligibility for cancellation of removal under INA §240A(a)(2). (Matter of Blancas-Lara, 6/10/02)
BIA Says Misdemeanor Sexual Abuse of a Minor Is an Aggravated Felony
The BIA held that a misdemeanor offense of sexual abuse of a minor constitutes an aggravated felony under INA §101(a)(43). (Matter of Small, 6/4/02)
DOJ Publishes Correction to "Surrender" Rule
DOJ correction notice to a 5/9/02 proposed rule that would amend both INS and EOIR regulations by requiring aliens subject to a final order of removal to surrender themselves to the INS. The notice corrects an erroneous citation in the original document. (67 FR 38324, 6/3/02)
Emergency Motion to Enforce Memorandum and Order
Sample motion to compel the government to comply with a prior district court order by releasing Petitioner on the terms and conditions of bond set by the immigration judge. (June 2002) (Miscellaneous Motion)
BIA on Termination of Physical Presence for Cancellation
The BIA held that for purposes of cancellation of removal under INA §240A(b), continuous physical presence ends at the time an alien is compelled to depart the United States under threat of deportation or removal proceedings. (Matter of Romalez-Alcaide, 5/29/02)
INS Detention Facilities Home Pages Going Online
INS provides a list of Detention Facilities, as well as a link to home pages going online. Focus is on the San Juan District Office.
BIA Finds IJ Erred in Denying Cancellation for Mother of Six
The BIA held that a single mother from Mexico established eligibility for cancellation of removal where her four USC children would suffer exceptional and extremely unusual hardship upon her removal. (Matter of Recinas, 5/19/02)
BIA Finds Marijuana Misdemeanors Not Tantamount to Aggravated Felony
The BIA held that determining whether an offense is a felony under 18 USC §924(c)(2) depends on the classification of the offense under the law of the convicting jurisdiction. (Matter of Santos-Lopez, 5/14/02)
BIA Overrules K–V–D– in Class 4 Felony Drug Case
The BIA held that the determination as to whether a state drug offense is a drug trafficking aggravated felony shall be made by reference to federal circuit case law and not any BIA-adopted standard. (Matter of Garcia, 5/13/02)
DOJ Publishes Proposed ‘Surrender’ Rule
A proposed DOJ rule would amend both INS and EOIR regulations by requiring aliens subject to a final order of removal to surrender themselves to the INS. The rule establishes procedures for surrender and provides that violations will result in denied benefits. (67 FR 31157, 5/9/02)
INS Memo: Deferred Action for Aliens with Bona Fide Applications for T Nonimmigrant Status
This memo outlines changes in INS procedures for deferred action determinations on behalf of victims of severe forms of trafficking whose applications for T nonimmigrant status have been determined to be bona fide but are still awaiting final adjudication by VSC.
INS Issues Guidance on Handling of Naturalization Applications Involving Unlawful Voting
A 5/7/02 memo from William Yates, Deputy Executive Associate Commissioner (INS), providing guidance to examiners for handling naturalization cases where the issue of unlawful voting or false claim to U.S. citizenship for the purpose of voting is raised.
AG Reverses LPR Status for Woman Convicted of Killing Child
The BIA held that persons convicted of violent crimes are not eligible for waivers under INA §209(c) except where there are national security or foreign policy concerns, or a clear demonstration that denial will result in exceptional and extremely unusual hardship. (Matter of Jean, 5/2/02)
BIA Defers Removal of Iranian Man Under Article 3 of CAT
The BIA granted deferral of removal under CAT for an Iranian Christian where it was more likely than not that he will be tortured if deported to Iran based on religion, ethnicity, duration of his residence in the U.S., and drug-related convictions. (Matter of G-A-, 5/2/02)
Chief Immigration Judge Describes Case Completion Goals
A 4/26/02 memo from Chief Immigration Judge Creppy addresses case completion goals for the immigration court based on the 1/11/01 Case Completion Goals for the Immigration Courts and the Board of Immigration Appeals, requesting that FY2001 goals be applicable through FY2003.
INS Rule Bars Release of Detainee Information
INS interim rule barring the public release of information on INS detainees by any non-federal provider of detention services, and clarifying that all such requests for information be directed to the INS. The rule is retroactive to April 17, 2002. (67 FR 19508, 4/22/02)
INS Issues Rule Governing Release of Detainee Information
Personal information regarding INS detainees will be handled in a uniform manner, under an interim rule submitted for publication in the Federal Register. The rule ensures that all detainee information will be handled in accordance with Federal law.
DOJ Updates Policy Guidance Regarding Limited English Proficiency
DOJ policy guidance on Title IV’s prohibition against national origin discrimination as it affects limited English proficient persons. The guidance supplants previous guidance published on 1/19/01. (67 FR 19237, 4/18/02)
BIA Response to AILF on Applicablity of St. Cyr to People Already Deported
In a letter dated 4/18/02, Acting BIA Chair Lori Scialabba responds to AILF request for the Board to exercise its sua sponte authority to reopen cases of 212(c) eligible LPRs who were deported prior to St. Cyr.
Federal Court Cases Discussing St. Cyr
This is a list of certain published federal court cases which discuss and apply the Supreme Court's decision in INS v. St. Cyr, 533 U.S. 289 (2001).
Recent Lawsuit Addresses Conditions in NY Area Detention Centers
A lawsuit filed by the Center for Constitutional Rights in New York City, concerns detention conditions in New York area detention centers. (Turkmen v. Ashcroft, 4/17/02)
BIA Issues Policy Change on Untimely Asylum Motions
The BIA is withdrawing in 90 days from its policy of granting, on its own motion under 8 CFR §3.2(a), untimely motions to reopen asylum claims that are based solely on coercive population control policies. (Matter of G-C-L-, 4/10/02)
INS Proposes Changes to Rules Governing Visitors and Students
INS fact sheets on new proposed student/visitor rules and mandatory surrender rule.
Fact Sheet - Mandatory Surrender Proposed for Persons With Final Removal Orders
INS has announced the imminent publication of 3 new rules in the Federal Register. An interim rule would prohibit nonimmigrants admitted in B visitor status from pursuing a course of study prior to obtaining approval of a change to student status.