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
CA5 Upholds Denial of Motion to Suppress
Motion to suppress evidence from a Border Patrol stop denied where the totality of the circumstances was sufficient to justify the stop in this case. (United States v. Nichols, 5/29/98)
U.S. Sentencing Commission with Sentencing Guidelines for U.S. Courts
U.S. Sentencing Commission proposed amendment for comment with sentencing guidelines, including a diminished capacity departure if there is sufficient evidence that the defendant committed the offense while suffering from a significantly reduced mental capacity. (63 FR 28201, 5/21/98)
BIA Rejects Foot Injury as Excuse for Failure to Appear
The BIA held that the alien failed to show that a foot injury he suffered the day before his hearing amounted to exceptional circumstances to excuse his failure to appear where he failed to explain why he did not contact the court or provide supporting evidence. (Matter of B-A-S-, 5/20/98)
BIA Finds "Illegible Hearing Date" Insufficient to Excuse Failure to Appear
The BIA held that an alien who claimed that his failure to appear resulted from an "illegible hearing date" on the OSC and hearing notice failed to establish that he received inadequate notice or that his absence was due to exceptional circumstances. (Matter of S-M-, 5/20/98)
DOJ Final Rule on Criminal Detention under IIRAIRA
DOJ final rule amending the regulations of the INS and the EOIR to establish a regulatory framework for the detention of criminal aliens pursuant to the Transition Period Custody Rules set forth in IIRIRA. Effective 6/18/98. (63 FR 27441, 5/19/98)
CA9 Upholds Summary Judgment in Class Action Challenge to 274C Rules
In a class action case, the court upheld the district court's grant of summary judgment and found that the procedures used to obtain final orders under the document fraud provisions of INA 274C violated the rights of the class to procedural due process. (Walters v. INS, 5/18/98)
INS on NACARA Dependents
A 5/15/08 memo from Paul W. Virtue, General Counsel (INS) discussing NACARA dependents who may be eligible to apply for benefits following a grant of suspension of deportation or cancellation of removal to a qualified spouse or parent (NACARA principal).
OCIJ Memo on Continuances for Dependents of NACARA
OCIJ memo from Michael Creppy, Chief Immigration Judge, dated May 13, 1998, addresses continuances for spouses, children, and unmarried sons and daughters of individuals who are eligible for suspension of deportation or cancellation of removal under NACARA.
CA2 Dismisses Claims for Lack of Jurisdiction under INA §242(g)
The court held that INA §242(g) divests it and the district court of jurisdiction to decide Plaintiffs’ claims which relate to "the decision of the Attorney General to commence proceedings, adjudicate cases, or execute removal orders." (Jean-Baptiste v. Reno, 5/8/98)
AILA/EOIR April 1998 Liaison Report
April 1998 AILA/EOIR liaison report by Royal F. Berg.
EOIR Liaison Meeting Minutes (4/30/98)
EOIR liaison minutes from an April 30, 1998 liaison meeting between AILA and the Executive Office for Immigration Review (EOIR), topics include NACARA/suspension issues, detention and bond, asylum, attorney conduct, and process issues.
INS Memo on Convention Against Torture
A 4/27/98 memo from Joseph Langlois, Deputy Director (INS) providing guidance on procedures and the role of the asylum officer in the Article 3 of the Convention against Torture process.
INS on Section 241(a)(5)
INS update on Section 241(a)(5) applicability to persons entering U.S. with facially valid visas.
Report of AILA General Counsel
The following 'Report of AILA General Counsel' by H. Ronald Klasko addresses issue resolved at the April 23, 1998 INS General Counsel meeting.
Court Finds Filing of Post-Removal AOS the Functional Equivalent of a MTR
The court found that Plaintiff's filing of a post-removal order adjustment application with the District Director was the functional equivalent of a motion to reopen and that it lacked jurisdiction to review the DD's denial post-IIRAIRA. (Bains v. Schiltgen, 4/21/98)
INS Interim Rule on Definition of Arriving Alien
INS interim rule to exempt from the new expedited removal procedures aliens who were paroled into the United States before 4/1/97, as well as aliens who, either before or after 4/1/97, return to the United States pursuant to a grant of advance parole. (63 FR 19382, 4/20/98)
Court Dismisses Bond Redetermination Case for Failure to Exhaust
The court dismissed the habeas petition without prejudice to give the BIA the opportunity to rule on the government's appeal of the IJ's decision that Petitioner was entitled to a bond redetermination hearing. (Thompson v. INS, 4/3/98)
EOIR Notice on Address Change for BIA
Executive Office for Immigration Review (EOIR) notice on their April 6, 1998, address change. (63 FR 16572, 4/3/98)
BIA Finds Harm Suffered Rose to Persecution in the Aggregate
An alien who suffered repeated beatings and received multiple threats, whose apartment was vandalized, and whose son was degraded and intimidated on account of his Jewish nationality established that he suffered harm which rises to the level of persecution. (Matter of O-Z- & I-Z-, 4/2/98)
BIA Says an Alien Returning to the U.S. on Advance Parole Is an "Arriving Alien"
The BIA held that an alien who arrives in the U.S. on advance parole is an "arriving alien," as defined in the regulations and that the IJ has no authority to consider the bond request of an alien returning pursuant to a grant of advance parole. (Matter of Oseiwusu, 3/25/98)
BIA on Jurisdiction Over Motion to Reconsider Dismissal of Appeal
Where the BIA dismisses an appeal as untimely, it retains jurisdiction over a motion to reconsider the dismissal of the appeal to the extent that the motion challenges the finding of untimeliness. (Matter of Lopez, 3/24/98)
AILA Comments on Professional Conduct
AILA and AILF submitted comments on proposed regulations regarding professional conduct for practitioners published at 63 Fed. Reg. 2901 (January 20, 1998).
AILA/AILF Comment on Professional Conduct Regulations
AILA and AILF 3/19/98 comments on proposed regulations regarding professional conduct for practitioners published at 63 Fed. Reg. 2901 (January 20, 1998).
INS HQ Liaison, 3/19/98
Draft minutes of March 19, 1998, INS Headquarters liaison meeting.
BIA on Post-AEDPA 212(c) Eligibility
An alien who is deportable for two or more CIMTS, and whose proceedings were initiated prior to 4/24/96 is not ineligible for a 212(c) waiver unless more than one conviction resulted in a sentence of 1 year or longer pursuant to the pre-AEDPA statute. (Matter of Fortiz-Zelaya, 3/18/98)