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 Q&As on the Walters v. Reno Settlement
INS provides Q&As on the Walters v. Reno settlement, including who is considered a class member, in which cases INS will join in a motion to re-calendar a deportation proceedings, deadline information, and more.
INS Implements Walters v. Reno
INS provides information on filing motions under Walters v. Reno with respect to improper INS implementation of the the civil document fraud provisions of INA section 274C. (66 FR 48480, 9/20/01)
INS Rule on Extension of Custody Period
INS interim rule on regulations on the period of time after an alien's arrest within which the Service must make a determination whether the alien will be continued in custody or released on bond or recognizance. Rule is effective 9/17/01 and comments are due by 11/19/01. (66 FR 48334, 9/20/01)
BIA on Missed Deadlines Due to 9/11 Attacks
BIA appears to indicate that late filings at the Board in the aftermath of the September 11 attacks should include a one-page explanation of "your extraordinary circumstances." Late filings before the immigration courts are not addressed.
EOIR Memo on Immigration Court Evaluation Program
EOIR memorandum 01-01 supplanting draft memo 96-2 and establishing the Immigration Court Evaluation Program, which will provide a comprehensive evaluation of the operations of each immigration court and facilitate the exchange of information and practices between courts.
INS Provides Address for Release from Detention Requests
INS notice with the address where a detained individual must submit a written request for release on the ground that there is no significant likelihood that he will be removed in the reasonably foreseeable future, in accordance with Zadvydas v. Davis. (66 FR 44646, 8/24/01)
DOS Cable on Returns of Detainees
State Department advises posts of the U.S. Supreme Court decision, Zadvydas v. Davis. The State Department will exert all appropriate efforts to assist DOJ in returning detainees to the country of removal.
BIA Says CCA Provisions are Not Retroactive
The BIA held that INA 320, as amended by the Child Citizenship Act is not retroactive and does not apply to an individual who resided in the U.S. with his U.S. citizen parents as an LPR while under 18 but who was over 18 on the CCA effective date. (Matter of Rodriguez-Tejedor, 7/24/01)
Attorney General Memo on the Detention of Certain Aliens
DOJ notice of memorandum from the Attorney General to the Acting Commissioner of the INS addressing detention of certain aliens held under final orders of removal and directs the INS to take a number of actions in response to Zadvydas v. Davis. (66 FR 38433, 7/24/01)
Attorney General on Supreme Court's Detention Decision
Statement from the Attorney General reflects hostility to Supreme Court's decision in Zadvydas v. David.
Attorney General Memo on Post-Order Custody Review
A 7/19/01 memo from Attorney General's office to the INS Acting Commissioner addressing post-order custody review after Zadvydas v. Davis.
EOIR Press Release on Interim Rule for Certain NACARA Applicants
EOIR press release on interim rule to establish procedures for the filing and adjudication of motions to reopen deportation or removal proceedings of certain aliens who are newly eligible for special relief under NACARA as a result of VTVPA and LIFE Act Amendments.
EOIR Interim Rule with LIFE/NACARA Section 203 Regulations
Interim regulation for motions to reopen under LIFE by persons with reinstated final orders, or new final orders based on illegal reentry after removal or voluntary departure, to apply for suspension or special rule cancellation under NACARA section 203. (66 FR 37119, 7/17/01)
Summary of Supreme Court Cases from 2000 - 2001 Term
AILF's Legal Action Center has prepared a summary of all immigration decisions handed down by the Supreme Court in the 2000-2001 term.
BIA Says Matter of Puente Does Not Apply to CA5 Cases
The BIA held that a Texas conviction for felony DWI is not a crime of violence under 18 USC §16(b) for purposes of removability in cases arising in the U.S. Court of Appeals for the Fifth Circuit. Matter of Puente, will not be applied. (Matter of Olivares-Martinez, 7/3/01)
Supreme Court Strikes Down Indefinite Detention
In Zadvydas v. Davis, 99-7791 and Ashcroft v. Ma, 00-38, the Supreme Court holds that the INS cannot indefinitely detain individuals who have been ordered deported but cannot be removed in the foreseeable future. (Zadvydas v. Davis, 6/28/01)
Supreme Court Says Habeas Corpus Still Alive
The Supreme Court, in its St. Cyr and Calcano decisions, upholds the right of individuals to seek habeas review of final removal orders, even if the cases involve criminal convictions.
INS v. St. Cyr.
Supreme Court decision in the case of INS v. St. Cyr, 6/25/01.
Calcano-Martinez v. INS
Supreme Court decision in the case of Cacano-Martinez v. INS, 6/25/01.
INS Implements NACARA/HRIFA Provision of the LIFE Act
INS implemented the provisions of the LIFE Act that provides relief to persons previously not eligible for the Nicaraguan Adjustment and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA) because they had been removed and subsequently re-entered the U.S.
INS Notice on LIFE Late Legalization/Family Unity Regulations
INS notice on the LIFE one-year application period for adjustment of status of persons subject to any one of three late legalization lawsuits related to IRCA and implementing LIFE family unity provisions. Correction includes correct mailing address. (66 FR 45694, 8/29/01) (66 FR 29661, 6/1/01)
Expedited Removal to be Used Against TN Applicants
A 5/25/01 memo from Michael Pearson, Executive Associate Commissioner (INS) clarify procedures relating to the denial of applications for admission under the provisions of the North American Free Trade Agreement (NAFTA).
BIA on Mandatory Detention and "When Released"
The BIA held that an alien who is released from criminal custody after expiration of the Transition Period Custody Rules is subject to mandatory detention under INA §236(c), even if he is not immediately taken into custody by INS when released. (Matter of Rojas, 5/18/01)
Standards for INS to Join a Motion to Reopen
A 5/17/01 memo from Bo Cooper, General Counsel (INS) advising INS attorneys of changes in standards for when INS may concur in a motion to reopen for consideration of an adjustment of status application.
INS Memo on Motions to Reopen for Consideration of Adjustment of Status
A 5/17/01 memo from Bo Cooper, General Counsel (INS) on motions to reopen for consideration of adjustment of status.