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 Says Issuance of OSC Cuts Off Physical Presence
The BIA held that for purposes of determining eligibility for suspension of deportation, the period of continuous physical presence ends at the issuance of the Order to Show Cause, irrespective of the date that it was issued. (Matter of Nolasco-Tofino, 4/15/99)
AILA Letter on AEDPA Section 440(d)
Letter from AILA to Attorney General Reno urging her to take immediate action in light of the recent U.S. Supreme Court decision (on March 8, 1999) declining review of lower court decisions which diverged from the opinion in Matter of Soriano with regards to AEDPA Section 440(d).
EOIR on Handling Suspension/Cancellation Cases
A 4/14/99 memo from Michael Creppy, Chief Immigration Judge, on the procedures for handling applications for suspension/cancellation once numbers are no longer available for FY99.
BIA Equates AOS to "Admission" for Aggravated Felony Purposes
The BIA held that an alien convicted of an aggravated felony subsequent to adjustment of status is deportable under INA 237(a)(2)(A)(iii) as an alien convicted of an aggravated felony "after admission." (Rosas-Ramirez, 4/7/99)
BIA on Termination of Conditional Residence Status
The BIA held that an alien whose conditional residence was terminated under INA section 216(b), before the 90-day period preceding the second anniversary of the grant of status, may file an application for a waiver under section 216(c)(4) of the Act. (Matter of Stowers, 3/26/99)
BIA Finds Failure to File Financial Reports Is Not a CIMT
The BIA held that a conviction for causing a financial institution to fail to file currency transaction reports and structuring currency transactions to evade reporting requirements is not a crime involving moral turpitude. (Matter of L-V-C-, 3/25/99)
BIA Finds In Absentia MTR Not Barred by Time Limitations
The BIA held that the applicant's in absentia motion to reopen was not barred by the regulatory time limitations and that the applicant's serious illness provided her with reasonable cause for missing her scheduled exclusion hearing. (Matter of N-B-, 3/24/99)
EOIR Final Rule Amending NACARA Motions to Reopen
This rule amends the regulations of the Executive Office for Immigration Review (EOIR) by extending the time period for filing a NACARA application. Final rule effective 3/22/99. (64 FR 13663, 3/22/99)
EOIR Liaison Meeting Minutes (3/18/99)
Minutes from the EOIR/AILA Liaison Meeting which was held on March 18, 1999.
EOIR Approved Liaison Meeting Minutes (3/18/99)
Final minutes from EOIR Liaison meeting held March 18, 1999, as approved by EOIR on September 22, 1999.
BIA Respond to AILA Question on MTR Format
BIA response to AILA question regarding the format for motions to reopen, including suggested order of submission items.
Court Finds Jurisdiction Over Habeas Petition Post-AEDPA
The court dismissed the habeas petition challenging the retroactivity of AEDPA 440(d), finding jurisdiction over the petition but concluding that Petitioner failed to state a constitutional claim. (Waddell v. BIA, 3/11/99)
BIA on Discretionary 212(i) Waiver Determinations
The BIA held that the underlying fraud or misrepresentation for which an alien seeks a waiver under INA 212(i) may be considered as an adverse factor in adjudicating the waiver application in the exercise of discretion. (Matter of Cervantes-Gonzalez, 3/11/99)
BIA Finds Respondent Deportable for Fraud Attempt Conviction
The BIA held that an alien convicted of submitting a false claim with intent to defraud arising from an unsuccessful scheme to obtain $15,000 from an insurance company was convicted of attempted fraud, an aggravated felony. (Matter of Onyido, 3/4/99)
BIA Says State Vacatur Has No Effect on Conviction for Immigration Purposes
The BIA held that an alien who has had his guilty plea to the offense of possession of a controlled substance vacated and his case dismissed upon termination of his probation under Idaho law is considered to have a conviction for immigration purposes. (Matter of Roldan-Santoyo, 3/3/99)
Draft INS Memo on Access to Legal Representation
A 3/1/99 draft INS memo regarding detainee access to legal representation.
Supreme Court Rejects Right to Selective Enforcement Defense
The Court ruled that noncitizens have no constitutional right to have federal courts rule on their selective enforcement claims before their deportation hearings are held. (Reno v. American-Arab Anti-Discrimination Committee, 2/24/99)
Supreme Court Limits Federal Court Jurisdiction
AILA summary of the Supreme Court ruling in Reno v. American-Arab Anti-Discrimination Committee.
INS Interim Rule and Correction Concerning the Convention Against Torture
INS interim rule establishing procedures for raising a claim for protection from torture, as directed by the Foreign Affairs Reform and Restructuring Act of 1998. Rule also establishes new deferral of removal procedures. (64 FR 13881, 3/23/99) (64 FR 8477, 2/19/99)
Limited Presumption of Extreme Hardship under Section 203 of NACARA
A 2/12/99 DRAFT memo from Paul Virtue, General Counsel (INS) on 'presumption of extreme hardship' concluding 'that a rebuttable presumption would be permissible under limited circumstances' and would be available only to certain class members.
INS on Extension of Filing Completion Deadline for NACARA MTR
A 2/8/99 memo from Paul Virtue, General Counsel (INS) announcing that the deadline for supplementing NACARA motions to reopen will be extended to a date 150 days from the effective date of the rule implementing Section 203 of NACARA.
INS Advises on Detention Procedures
A 2/3/99 memo from Michael Pearson, Executive Associate Commissioner (INS) clarifying the authority of District Directors to make release decisions and emphasizing the need to provide a review of administratively final order detention cases.
CA10 Remands on Controlled Substance Issue
Case remanded to BIA for possession of controlled substance was a state class four felony while it was only a misdemeanor under Federal law. (Esparza-Treto v. INS, 2/2/99)
BIA Says Transporting an Illegal Alien Is an Aggravated Felony
The BIA held that an alien who is convicted of transporting an illegal alien within the U.S. in violation of INA 274(a)(1)(A)(ii) is convicted of an aggravated felony as defined in INA 101(a)(43)(N). (Matter of Ruiz-Romero, 2/1/99)
CA3 on Post-AEDPA Habeas and 212(c) Availability
The court held that the district court did not err in finding jurisdiction over Petitioner's habeas claims and that AEDPA's amendment to INA 212(c) does not apply to cases pending on the date of enactment. (Sandoval v. INS, 1/26/99)