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
EOIR Final Rule on Expansion of BIA
EOIR final rule expanding the BIA to 15 permanent members, including 14 Board members and a Chairman. Final rule effective 11/22/96. (61 FR 54305, 11/22/96)
Supreme Court Supports INS Discretion for Waivers
The Court discusses INS’ discretion in granting waivers under section 1251(a)(1)(H) involving acts of fraud, further defining the role of settled INS policy on discretionary waiver determinations. (INS v. Yang. 11/13/96)
AILA Amici Curiae on INA 212(c)
AILA amici curiae to the Attorney General on the effects to INA 212(c) of Section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996.
AILA Amicus Brief on Transitional Custody Rules
AILA amicus brief to BIA regarding the effect of Section 303(b)(3) of IIRIRA on custody determination.
AILA Addresses IIRIRA Transitional Rules for Suspension of Deportation
AILA letter to INS General Counsel on the interpretation of the transitional rules for suspension of deportation under IIRIRA §309(c)(5), pertaining to the effective date of the continuous physical presence requirement in relation to the issuance of notices to appear.
DOS Cable with Overview of H.R. 2202
A 10/9/96 DOS cable on the new immigration legislation, H.R. 2202. Although this cable lists many of the consular related issues, additional information and guidance will follow as needed.
INS Commissioner Invokes Custody Rule
A 10/9/96 letter from INS Commissioner Doris Meissner, pursuant to authority delegated to her by the Attorney General, notifying Congress that there is insufficient detention space and personnel for detention purposes and invoking the “Transition Period Custody Rule.”
Chief Immigration Judge Clarifies 309(c)(5) Stance
On October 2, 1996, Chief Immigration Judge Michael Creppy sent an email regarding the retroactivity of the continuous physical presence requirement to IJs throughout the country, seeming to support the INS contention that the provision is in fact retroactive.
Text of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)
Division C of the Commerce/State/Justice appropriations legislation makes profound and far-reaching changes to the Immigration and Nationality Act.
EOIR Memo on Creation of Immigration Court Advisory Committees
EOIR OPPM 96-5 issued by the Office of the Chief Immigration Judge that disbands the Immigration Judge Advisory Committee, rescinding OPPM 94-5 issued on 4/21/94, and creates Immigration Court Advisory Committees for Detained Hearings, for Non-Detained Hearings, and for Legislation and Regulations.
Status of a Conditional Permanent Resident After Denial of I-751 During Pendency of Review by EOIR
INS Office of the General Counsel issued a legal opinion on the status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR. Also included is a 10/9/97 reminder from Kathy Redman.
CA1 Upholds Denial of Motion to Reopen for VAWA Relief
The court affirmed the denial of Petitioner’s motion to reopen for relief as a battered spouse under INA §204(a)(1)(A)(iii) where Petitioner failed to establish prima facie eligibility for relief. (Carter v. INS, 7/30/96)
CA7 on Retroactivity of AEDPA Section 440
The court held that AEDPA sections 440(a) and (d) do not apply to cases in which deportability was conceded before AEDPA became law, provided the 212(c) applicant would have at least a colorable claim to relief. (Reyes-Hernandez v. INS, 7/17/96)
EOIR Memo on Processing Motions and Appeals
EOIR Operating Policies and Procedures Memorandum No. 96-4, dated 6/19/96, on processing motions and appeals pursuant to the 7/1/96 motions and appeals regulations, which require charges to some of the current procedures for accepting and processing appeals and motions to reopen and reconsider.
BIA Revisits Anderson Extreme Hardship Factors
In granting suspension of deportation to a 24-year-old Nicaraguan who has lived in the U.S. since he was 13, the BIA engaged in a lengthy discussion of the factors to be weighed in the hardship determination. (Matter of O-J-O-, 6/14/96)
BIA Says Female Genital Mutilation Can Be the Basis for Asylum
The BIA found that the respondent, a member of a social group consisting of young women of the Tchamba-Kunsuntu tribe in Togo, who have not had FGM and who oppose the practice, had a well-founded fear of persecution. (Matter of Kasinga, 6/13/96)
BIA/EOIR Liaison Minutes (5/16/96)
Minutes of May 16, 1996, AILA/BIA/EOIR liaison meeting, topics included new motions and appeals regulations, the appeals processing unit, precedent decisions, and fast tracking asylum cases.
INS Advises on Detention Guidelines
A 5/7/96 memo from Chris Sale, Deputy Commissioner (INS) regarding AEDPA Implementation Instruction 1: Amendment to the Mandatory Detention Requirement of Section 242(a)(2) of the Immigration and Nationality Act.
EOIR Update on Changes to Appeals and Motions Procedures
Questions and Answers regarding EOIR's new appeals and motions procedures, effective 7/1/96.
EOIR Final Rule on BIA Motions and Appeals
EOIR final rule streamlining the motions and appeals practice before the BIA and establishing a centralized procedure for filing notices of appeal, fees, fee waiver requests, and briefs directly with the Board. Rule effective 7/1/96. (61 FR 18899, 4/29/96)
DOJ Memo on AEDPA
Memo from Michael Creppy on the signing of the Antiterrorism and Effective Death Penalty Act of 1996.
Writ of Error Coram Nobis Granted
Writ of Error Coram Nobis is granted in immigration case where defendant not informed of consequences of plea and was thereby prejudice. Courtesy of Ralph J. Leardo. (U.S. v. Luna)
EOIR Memo on Earliest Possible Release Dates on Institutional Hearing Program Cases
OPPM 95-2, issued 11/27/95 by the Office of the Chief Immigration Judge, outlines acceptance and rejection of Institutional Hearing Program (IHP) filings, with specific emphasis on Earliest Possible Release Dates (EPRD) from incarceration.
DOJ Final Rule on Authority of BIA
This final rule expands the circumstances under which the Chairman may designate the Chief Attorney Examiner of the EOIR as an alternate Board Member. Also changes procedure for adjudicating certain types of motions. Final rule effective 11/15/95. (60 FR 57313, 11/15/95)
EOIR Request for Comment on Representation
EOIR comment request on whether the requirement that recognized organizations may charge only "nominal fees" should be changed. Comments due by 12/14/95. (60 FR 57200, 11/14/95)