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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
BIA Finds Accessory After the Fact Is an Aggravated Felony
The BIA held that the offense of accessory after the fact to a drug-trafficking crime under 18 USC §3 is not deportable controlled substance offense but is an aggravated felony obstruction of justice crime under INA §101(a)(43)(S). (Matter of Batista-Hernandez, 7/15/97)
Detention Use Policy
A 7/14/97 memo from Doris Meissner, Commissioner (INS) providing new mandatory detention guidelines to be used in the context of expedited removal and final orders of removal.
Temporary Stay of Deportation
A 7/11/97 memo from Brian R. Perryman, Acting Executive Associate Commissioner for Field Operations (INS) stating that pursuant to the Attorney General's action, a temporary stay of deportation will be afforded to certain aliens.
Matter of NJB Interim Policy
A 7/11/97 memo from David A. Martin, General Counsel (INS) providing interim measures for motions to reopen for suspension of deportation, and for immigration court and BIA proceedings.
Reno Letter on Nicaraguan Review Program
A 1997 letter from Attorney General Reno to Speaker of the House Newt Gingrich regarding the Nicaraguan Review Program (NRP), Matter of N-J-B, and the overall issue of suspension of deportation.
BIA on AEDPA Bar to 212(c) Relief
The BIA held that AEDPA bars 212(c) relief for certain classes of lawful permanent residents with criminal convictions, even when applied for in conjunction with adjustment of status. (Matter of Gonzalez-Camarillo, 6/19/97)
AILA Amicus Brief in 9th Circuit Case on Retroactivity of AEDPA
AILA amici curiae filed in the Ninth Circuit Court on Section 212(c) of the INA and Section 440(d) of the AEDPA regarding retroactive deportation.
BIA Rules Favorably in Spousal Abortion/Sterilization Asylum Case
The BIA held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution and thus meet the definition of "refugee." (Matter of C-Y-Z-, 6/4/97)
BIA Says 212(c) Is Available in Exclusion Proceedings Post-AEDPA
The BIA held that an applicant for admission in exclusion proceedings who is inadmissible for a controlled substance offense is statutorily eligible for 212(c) relief as amended by AEDPA. (Matter of Fuentes-Campos, 5/14/97)
Sentencing Guidelines for United States Courts
U.S. Sentencing Commission notice of submission to Congress of amendments to the sentencing guidelines. (62 FR 26615, 5/14/97)
BIA Finds IIRIRA Amendments to Smuggling Waiver Apply to Respondent
The BIA held that because its prior decision was pending AG review on the date of enactment of IIRIRA's amendments, no final determination had been made and the amendments apply to the respondent. (Matter of Farias-Mendoza, 3/12/96; AG 3/28/97; On Remand 5/7/97)
BIA on IIRIRA's Changes to Definition of "Conviction"
The BIA held that IIRIRA's changes to the definition of "conviction" applies to respondent’s pre-IIRIRA 1993 suspended sentence for an indeterminate term not to exceed 5 years and bars him from relief as an aggravated felon. (Matter of S-S-, 5/6/97)
EOIR Final Rule on Law Students and Law Graduates Representing Individuals
EOIR final rule revising regulations governing the supervision and compensation of law students and law graduates appearing before EOIR, including the BIA and Immigration Courts. (62 FR 23634, 5/1/97)
DOS Cable on Removal and Inadmissibility
Cable number 20 in the series providing information on the Immigration Provisions, of PL 104-208. The following cable discusses the periods of unlawful presence giving rise to the three and ten year bars as well as the impact of the new expedited removal procedures on consular processing.
INS Memo on Expedited Removal
A 3/31/97, memorandum from INS Deputy Commissioner Chris Sale setting forth additional instructions relating to implementation of general expedited removal procedures contained in Chapter 17.15 of the Inspector's Field Manual and IIRAIRA training materials.
EOIR Memo on Maintaining the List of Free Legal Services Providers
EOIR OPPM 97-1 was issued by the Office of the Chief Immigration Judge, setting out new procedures for updating and notifying the public of the list of persons willing to represent noncitizens in immigration court on a pro bono basis, as well as procedures for applying to be included on the list.
GAO on Detention and Removal of Aliens
GAO report to Congress on INS regulations, "Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings; Asylum Procedures."
AG on Retroactivity of AEDPA §440(d)
The AG held that the bar to 212(c) relief applies to all applications pending on 4/24/96 but that aliens who conceded deportability in reliance on the availability of 212(c) relief before 4/24/96 may seek to reopen proceedings.(Matter of Soriano, 6/27/96; AG 3/21/97).
Memo on Instruction for Suspension Seekers
A 3/13/97 memo from INS Acting Associate Commissioner, J. Scott Blackman regarding the new provisions for removal proceedings under IIRAIRA.
INS Interim Rule on Expedited Removal
INS interim rule implementing provisions of IIRIRA governing expedited and regular removal proceedings, handling of asylum claims, and other activities involving the apprehension, detention, hearing of claims, and ultimately the removal of inadmissible and deportable aliens. (62 FR 10311, 3/6/97)
BIA on IIRIRA §309(c)(5) Transition Rule
Over dissent, the BIA held that where the respondent was served with an OSC before date of IIRIRA’s enactment, service of the OSC terminated continuous physical presence rendering her ineligible for suspension under the transition rule. (Matter of N-J-B, 2/20/97; vacated by AG 7/10/97).
BIA Says 212(c) Is Available to Those in Exclusion Proceedings
In an unpublished decision, the BIA held that under the plain language of AEDPA, applicants in exclusion proceedings can apply for relief from deportation under former INA section 212(c). (Matter of Oba, 2/7/97)
EOIR Memo on Whether Mandatory Detention Apply to Aggravated Felon
Memorandum from EOIR on whether the mandatory detention provisions of IIRAIRA's Transition Period Custody Rules (TPCR) apply to MM, an alien now defined as an aggravated felon due to a sole 1985 conviction for alien smuggling.
INS Proposed Rule on Expedited Removal
INS rule proposes to amend INS and EOIR regulations governing the conduct of both expedited and regular removal proceedings, and handling of asylum claims. Comments due by 2/3/97. (62 FR 444, 1/3/97)
IIRAIRA Sentencing Guidlines
This amendment implements section 203 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Section 203 directs the Commission to amend the guidelines for offenses related to smuggling, transporting, or harboring illegal aliens. (62 FR 152, 1/2/97)