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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
Testimony of Ali Al-Maqtari on Due Process
Testimony of Mr. Ali Al-Maqtari before the Committee on the Judiciary of the United States Senate. Mr. Al-Maqtari, the spouse of a U.S. citizen, was detained for nine weeks and denied access to legal counsel.
AILA Testimony on Due Process and the Detention of Ali Al-Maqtari
Testimony of AILA Member Michael Boyle before the Senate Judiciary Committee on the importance of protecting due process and civil liberties in the aftermath of September 11, including examples of detainees that raise questions about their treatment and access to counsel.
Information About Detainees in INS Custody
List of the countries of birth, charges, and dates charged for individuals taken into INS custody or returned to custody after 9/11/01.
DOL-ETA Liaison Meeting Minutes (11/30/01)
Minutes for the 11/30/01 DOL-ETA Liaison Meeting, discussing the new web LCA filing system, wage level Q&As, expediting labor certifications, processing backlogs, and duplicate labor certifications.
Official Minutes from 11/29/01 EOIR Liaison Meeting
Official minutes from EOIR/AILA liaison meeting of11/29/01, covering immigrant petitions in proceedings, Board and court procedures, September 11 aftermath, disciplinary rules, NTAs, motions, and other topics.
AILA/ISD Liaison Q&As (11/29/01)
Q&As from the 11/29/01 teleconference with ISD include filing V visa simultaneously with CIMT waiver, AC21 §106 and 7th year H-1Bs, USA PATRIOT Act savings clauses; change of address, and Conrad 20 cases.
Attorney General Directive on Cooperators Program
A 2001 memo from the Attorney General announcing incentives, such as approval of nonimmigrant status, granting of parole, and deferral of prosecutorial action, for aliens who provide information relating to terrorists.
AILA/AILF Comment on INS Custody Regulation
AILA and AILF comment on the INS interim regulation extending to 48 hours or 'an additional reasonable period of time' the period in which INS can hold an individual in custody before deciding whether to issue an NTA.
EOIR Memo on Continued Detention Review Hearings
Operating Policies and Procedures Memorandum 01-03 from the Chief IJ advising on the Court’s policy on continued detention custody review process of individuals subject to final orders of removal or deportation
INS Amends Custody Review Process
INS amends its rules on the review process with respect to long-term detention of persons subject to final orders of removal, deporation or exclusion, in light of the Supreme Court decision in Zadvydas v. Davis. (66 FR 56967, 11/14/01)
INS Testimony on Processing Persons Arrested for Illegal Entry
INS Executive Associate Commissioner Pearson testified on 11/13/01 at a Congressional hearing regarding the processing, between ports of entry, of individuals arrested for illegal entry into the U.S.
Cooper Memo: Removal and Detention of Persons Admitted as Refugees
This recently acquired 2001 memo from Bo Cooper, INS General Counsel, details the agency's authority under INA section 209 to detain individuals admitted as refugees who have not applied for adjustment of status within one year of admission.
BIA Upholds Asylum Grant to Nicaraguan Street Child
In nonprecedent decision, the BIA dismissed the appeal of the IJ's grant of asylum based on social group (abandoned street children in Nicaragua) and imputed political opinion. (Matter of B-F-O-, 11/6/01)
DOJ Request for Comments on Detainees Communications with Attorneys Being Monitored
DOJ interim rule for comment on the change to allow monitoring of communications between detainees and their attorneys where a determination is made that it is necessary to deter violence or terrorism. Notice of the monitoring must be given. (66 FR 55062, 10/31/01)
EOIR Interim Rule on Change to Custody Orders
EOIR interim rule for comment amending regulations to expand the provision to provide for a 10-day automatic stay of release while INS seeks BIA review of an IJ's release from custody order where the INS ordered the person held without bond or set a bond of more than $10,000. (66 FR 54909, 10/31/01)
BIA Says No Threshold Test in Cancellation of Removal
The BIA held that a grant of relief from removal under INA §240A(a) requires simple "totality of the evidence" balancing and that the IJ erred in requiring a showing of "unusual or outstanding equities." (Matter of Sotelo-Sotelo, 10/25/01)
BIA Finds MTR Abandoned Due to Alien's Departure
The BIA held that when it discovers that it has granted a motion to reopen after the alien’s departure, it is appropriate to reconsider and vacate the prior order on jurisdictional grounds. Matter of Crammond, 23 I&N Dec. 9 (BIA 2001), vacated. (Matter of Crammond, 10/16/01)
BIA on Change of Address Obligations and In Absentia Orders
The BIA held that where the notice of hearing was served by mail, an in absentia order may only be entered where the alien has received an NTA explaining the statutory address obligations and of the consequences of failing to provide a current address. (Matter of G-Y-R-, 10/19/01)
AILA Testimony on Immigration and National Security
Testimony of AILA Executive Director Jeanne Butterfield before the Senate Immigration Subcommittee on "Effective Immigration Controls to Deter Terrorism" including proposals about new measures that Congress could mandate that would add to our deterrence capabilities.
CA3 Says PA Misdemeanor Vehicular Homicide Is Not a Crime of Violence
The court held that a Pennsylvania misdemeanor conviction for vehicular homicide, despite a sentence of more than 1 year, is not a "crime of violence" under 18 USC §16, and thus, is not an aggravated felony under INA §101(a)(43). (Francis v. Reno, 10/16/01)
BIA Says Perjury Under California Law Is an Aggravated Felony
The BIA held that a conviction for perjury under Cal. Penal Code §118(a) is an aggravated felony under INA §101(a)(43)(S). (Matter of Martinez-Recinos, 10/15/01)
INS to Exercise Discretion for WTC Victims
A 10/10/01 letter from James Ziglar, Commissioner (INS) announcing that INS will exercise discretion toward families of victims of the terrorist attacks on 9/11, whose immigrant or nonimmigrant status was dependent on the victim's status.
EOIR Memo on Motions for Change of Venue (Rescinded 1/17/18)
This memo was rescinded and replaced by OPPM 18-01 on 1/17/18. EOIR OPPM 01-02 on motions requesting change of venue (COV), including Immigration Judge authority, specific requirements and administrative requirements. Memo supersedes OPPM 85-5 and OPPM 97-10.
INS Will Not Use Information Against WTC Victims' Families
A 10/5/01 letter from James Ziglar, Commissioner (INS) encouraging employers and undocumented aliens, who lost employees or family members during the 9/11 terrorist attack, to contact local authorities and stating that INS will not seek information for immigration reasons.
INS Statement on Undocumented in NY Terrorist Attack
A 9/21/01 statement by James Ziglar, Commissioner (INS) encouraging undocumented aliens who may have lost friends or family in the NYC terrorist attack to contact local authorities without fear of INS attempting to acquire or use that information for immigration purposes.