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
Presidential Memo on Alien Smuggling By Organized Crime
Presential Determination on the emergency resulting from undocumented individuals smuggled by organized crime. (60 FR 53675, 10/16/95)
Amicus Brief Summaries
Amicus brief summaries on Baez v. INS, Hussein v. INS, Raya-Ledesma v. INS, Matter of Mendez-Martinez, and Rivera v. INS. Contributed by Lory Rosenberg, Nadine K. Wettstein, Lisa S. Brodyaga, Regina Germain, and Dick Ginsburg and Lisa Lesage.
Final Rule Changing the Tribunal Name to Immigration Court
The final rule is a nomenclature change, changing the name of the administrative tribunal which initially hears deportation and exclusion proceedings from "Office of the Immigration Judge" to "Immigration Court." Effective 6/30/95. (60 FR 34089, 6/30/95)
INS Notice of Termination of Nicaraguan Special Review Process
INS notice of the termination of the special review procedures under which the files of Nicaraguan nationals subject to final deportation orders were subject to mandatory review by the INS and the Office of the Deputy Attorney General. (60 FR 31167, 6/13/95)
DOJ Final Rule on Citizenship Requirement for Employment
This final rule requires that employees hired by the Executive Office for Immigration Review (EOIR) be U.S. citizens and exempts EOIR from the IRCA general prohibition of discrimination based on citizenship status. Rule effective 7/5/95. (60 FR 29465, 6/5/95)
EOIR Rule on Stipulated Requests for Deportation or Exclusion Orders
This final rule amends 8 CFR 3.25 by codifying an Immigration Judge's discretion to enter an order of deportation or exclusion without a hearing if satisfied that the alien voluntarily entered into a plea-negotiated or otherwise stipulated request. Effective 6/16/95. (60 FR 26351, 5/17/95)
EOIR Proposes Procedural Change in BIA Filing
DOJ proposed rule establishing a uniform central system for filing and tracking appeals before the Board and would supersede previous proposed rulemaking in May and June of 1994. Comments due by 6/8/95. (60 FR 24573, 5/9/95)
INS Rule on Terminating Temporary Resident Status
INS final rule providing the procedures, in specified circumstances, for the automatic termination of temporary resident status upon the entry of a final order of deportation or exclusion. (60 FR 21039, 5/1/95)
P.L. 104-132, AEDPA
Full text of the 'Antiterrorism and Effective Death Penalty Act of 1996' (AEDPA) signed into law on 4/27/95.
BIA Upholds Adjustment Grant under the Chinese Student Protection Act
The BIA upheld the grant of adjustment of status under the CSPA where the applicant was statutorily ineligible at the time of filing but subsequently became eligible for adjustment with the passage of 245(i). (Matter of Li, 4/20/95)
INS Proposed Rule on Alternative Deportation Procedures
INS proposed rule to establish alternative administrative deportation procedures for aliens who have been convicted of aggravated felonies, are not admitted for permanent residence and not eligible for any relief from deportation. Comments due by 5/30/95. (60 FR 16386, 3/30/95)
Parole Decision in Golden Venture Cases
The U.S. District court for the Middle District of Pennsylvania on Mar. 15th found that DD Blackman had abused his parole discretion in approximately 150 Golden Venture cases. Courtesy of Jane Kochman, AILF.
Presidential Memo on Deterring Illegal Immigration
A memorandum from President Clinton on the administrations policies for deterring illegal immigration. (60 FR 7885, 2/7/95)
Legal Opinion on Excludability Under Customs Zero Tolerance Fines
A 1/20/95 letter from T. Alexander Aleinikoff, General Counsel, to INS stating that it may not seek an individual’s exclusion as an alien who has admitted a controlled substance violation, based solely on the alien’s having signed the “Agreement to Pay Monetary Penalty.”
Amicus Brief on 212(c) Domicile
AILA/AILF joint amicus brief to the Fifth Circuit Court argues that "lawful domicile" for a waiver of deportation or exclusion under 212(c) of the Immigration and Nationality Act (INA), 8 USC 1182(c), can be accrued in a variety of statuses, not limited to permanent residence.
BIA Says IJs Have Jurisdiction Over 245(i) Cases
The BIA held that notwithstanding a clerical error in the redundant designation of section 245(i), immigration judges have jurisdiction to entertain applications for relief based on section 245(i). (Matter of Grinberg, 11/22/94)
CA9 Says Government Must Expedite Hearing for Incarcerated LPR
The court found that the incarcerated LPR had standing to bring a mandamus action to compel INS to give him an expedited deportation hearing and that the government has a duty to initiate and if possible, complete deportation proceedings before his release date. (Garcia v. Taylor, 11/10/94)
Letter to Chief Judge Creppy from AILF on 245(i)
Letter from AILF Legal Action Center Director, Lory D. Rosenberg, to Chief Immigration Judge, Michael Creppy, regarding INA 245(i) and adjustment of status and a new S visa.
EOIR Memo on Wearing of the Robe During Immigration Judge Hearings
EOIR OPPM 94-10, issued by the Office of the Chief Immigration Judge, states that each immigration judge “shall wear a traditional black judicial robe when conducting a hearing where one or more parties are present, including hearings in detention centers, on details, and in prisons.”
EOIR Memo on When to Grant Continuances
EOIR memo 94-6, dated 7/18/94, on continuances and intended to assist the Office of the Chief Immigration Judge in identifying those circumstances which necessitate granting more than two continuances for the purpose of obtaining legal representation. Memo was rescinded on 3/7/13 by OPPM 13-01.
EOIR Proposed Rule on Procedures for Motions and Appeals
This proposed rule would amend Executive Office for Immigration Review practices concerning motion and appeal procedures in immigration proceedings. (59 FR 23986, 6/7/94)
CA9 Rejects Use of Deportation Order to Establish Alienage in Criminal Case
The court reversed the conviction for illegal reentry after deportation, finding that the government's reliance on the defendant's order to show cause and deportation order to establish alienage was highly prejudicial. (U.S. v. Ortiz-Lopez, 5/16/94)
CA9 Stop by Border Patrol Deemed Illegal
CA9 held that stopping a vehicle based solely on the Hispanic appearance of the passengers was an egregious violation of their Fourth Amendment rights, and the evidence obtained by the border patrol officers should have been excluded. (Mario Gonzalez-Rivera v. INS, 4/28/94)
CA9 Finds Notice of Appeal Form Inadequate
On appeal of a BIA summary dismissal of an asylum related appeal, the Ninth Circuit held that the information contained on the Notice of Appeal regarding the potential of summary dismissal is inadequate. (Padilla-Agustin v. INS, 4/21/94)
INS Settles Bond Case
INS settled a lawsuit for $13K resulting from its refusal to return a bond paid by an individual who departed under voluntary departure. (Huang v. INS, 4/2/94)