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
BIA on Jurisdiction Over Cuban Refugee Adjustment Act Applications
The BIA held that the IJ has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. (Matter of Artigas, 5/11/01)
BIA Says AZ Aggravated DUI Is Not a CIMT
The BIA held that under Arizona law, the offense of aggravated driving under the influence with two or more prior DUI convictions is not a crime involving moral turpitude. (Matter of Torres-Varela, 5/9/01)
BIA Says Waiver of Appeal May be Challenged Before IJ or BIA
The BIA held that a party wishing to challenge the validity of an appeal waiver may file either a motion to reconsider with the immigration judge or an appeal directly with the BIA. (Matter of Patino, 5/9/01)
BIA Finds Hardship to USC Daughter Sufficient for Suspension
The BIA held that the respondents met the extreme hardship requirement for suspension where their 15-year-old USC daughter has spent her entire life in the U.S., has been completely integrated into the American lifestyle, and is not fluent in Chinese. (Matter of Kao & Lin, 5/4/01)
BIA Says Exceptional and Extremely Unusual Hardship Need Not be Unconscionable
The BIA held that exceptional and extremely unusual hardship for non-LPR cancellation must be substantially beyond what would ordinarily be expected from the alien’s deportation, but that it need not be unconscionable. (Matter of Aguinaga, 5/4/01)
Cleveland INS To Terminate Proceedings in 245(i) Cases
A 5/1/01 letter from Lisa Johnson, Assistant U.S. Attorney, advising the attorney for 4 persons who had been placed in removal proceedings, based on labor certification applications filed in connection with section 245(i) that those proceedings will be terminated.
INS Limits Removal Against 245(i) Applicants
A 4/27/01 memo from Michael Pearson, Executive Associate Commissioner (INS) advising the field not to initiate proceedings against section 245(i) applicants based solely on an application or petition filed on or after April 27, 2001.
BIA Grants Stay in Light of Court Ruling on Texas DWI Statute
The BIA granted respondent a stay of deportation pending his MTR in light of U.S. v. Chapa-Garza, which held that a DWI in violation of Texas Penal Code §49.09 is not an aggravated felony crime of violence under INA §101(a)(43)(F). (Matter of Herrera, 4/13/01)
BIA Says "Murder, Rape, or Sexual Abuse of a Minor" Must be a Felony for 101(a)(43)(A) Purposes
The BIA held that a conviction for murder, rape, or sexual abuse of a minor must be for a felony offense in order for the crime to be an aggravated felony under INA §101(a)(43)(A). (Matter of Crammond, 3/22/01, vacated 10/16/01)
EOIR Liaison Minutes (3/22/01)
Liaison discussions from 3/22/01 with EOIR included such topics as NTA filings and procedures, video hearings, "affirmance without opinion" decisions, continuations pending I-130 adjudication, and referrals of affirmative asylum applications.
Texas State Bar Committee Minutes (3/17/01)
The State Bar of Texas Committee on Laws Relating to Immigration and Nationality minutes include reports from: AILA Texas Chapter, DOL, INS District Office, Pro BAR, Voluntary Agencies, Lawyers Committee for Civil Rights Immigration Project, TDHS.
AILA Comment on EOIR Regulation on Delegations of Authority
AILA's comment on certain provisions of the EOIR proposed regulation on delegations of authority, including granting the Director plenary power to set specific time frames in which cases must be adjudicated.
INS Memo Addressing LIFE Act Applicable to NACARA 203 Relief
A 2/23/01 memo from Michael Pearson, Executive Associate Commissioner (INS) addressing the applicability of INA section 241(a)(5) (Reinstatement) to NACARA 203 beneficiaries and provides guidance to its implementation under the LIFE Act.
Memo Implements LIFE Reinstatement Provision
A 2/22/01 memo from Joseph Langlois, Director (INS) clarifying that persons granted NACARA section 203 relief are not barred by 241(a)(5) reinstatement from pursuing asylum claims.
AILA/AILF Amicus Brief to BIA in Matter of Mario Roberto
AILA/AILF amicus brief to BIA in Matter of Mario Roberto Madriz-Alvarado and the conviction and federal and state first offender statutes.
INS Instructs on Reopening Proceedings for NACARA/HRIFA Applicants
A 2/14/01 memo from Michael Pearson, Executive Associate Commissioner (INS) providing instructions on processing of persons who were made eligible under LIFE for HRIFA or NACARA §202 relief, and on deferring action against persons eligible to apply under HRIFA as a dependent.
BIA on Deadline for Filing Motion to Reopen or Reconsider
The BIA held that the deadline for filing a motion to reopen or reconsider before the IJ is determined by the date on which the IJ entered a final administrative order, and is not affected by actions taken by the INS in the course of executing the IJ’s order. (Matter of Goolcharan, 2/1/01)
John Ashcroft's Replies to Immigration Questions
Attorney General Designate John Ashcroft's written response to questions about immigration posed by members of the Senate Judiciary Committee, including questions on INS restructuring, expedited removal, due process, domestic violence-based persecution, worksite enforcement, and mail order brides.
Texas Bar Immigration Committee Meeting (1/26/01)
The Texas Bar's immigration committee's 1/26/01 meeting included reports from the TSC, the San Antonio District Office, the Texas Dept. of Human Services, ProBar, AILA, and others.
CA9 Says Reinstatement Does Not Apply to Pre-4/1/97 Reentries
INA 241(a)(5), reinstatement of “removal” orders, not valid when reentry was before IIRIRA’s effective date, 4/1/97. Also, “[W]e seriously doubt that the government’s new reinstatement procedure comports with the Due Process Clause...” (Castro-Cortez v. INS, 1/23/01)
Guidelines for Secondary Inspection Access
A 1/22/01 memo from Michael Pearson, Executive Associate Commissioner (INS), providing secondary inspection access guidelines for visits by non-governmental organizations (NGOs) for expedited removals at ports-of-entry.
EOIR Final Rule with Soriano Regulations
A final EOIR rule, overturning Matter of Soriano, permits certain persons in deportation proceedings begun before 4/24/96 to apply for 212(c) relief. Rule effective 1/22/01. (66 FR 6436 1/22/01)
Attorney General Vacates Matter of R-A-
On her last day in office, the Attorney General vacated Matter of R-A- and remanded it to the BIA to reconsider its decision after the 12/7/00 regulations are finalized. (Matter of R-A-, vacated 1/19/01)
EOIR Proposed Rule with Outline of EOIR/BIA/IJ Authorities
EOIR proposes a rule delineating the powers and authority of the EOIR Director, the Chair of the BIA, and the Chief IJ, and redesignating BIA members as Appellate Immigration Judges. Comments due 2/26/01. (65 FR 81434, 12/26/00)
Section 274C Class Action Settlement Proposed
A proposed class action settlement would vacate final orders issued against persons found to have violated section 274C document fraud provisions who were provided faulty information regarding their rights to contest the charges. (Walters v. Reno, 12/26/00)