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
USCIS Updates Its FAQs Related to DACA
USCIS updated its FAQs related to DACA, including updated information regarding the 7/16/21 district court decision in Texas, et al., v. United States, which found the DACA policy “illegal.”
EOIR to Host Information Session in Advance of ECAS Launch at Certain Immigration Courts
EOIR invites interested parties to attend a virtual information session on August 26, 2021, in advance of the EOIR Courts and Appeals System (ECAS) launch at the Adelanto, Los Angeles – N. Los Angeles Street, and Los Angeles – Olive Street immigration courts. RSVP by noon on August 26, 2021.
DHS Resumes Expedited Removal for Certain Family Units
DHS announced that, beginning 7/26/21, certain family units who are not able to be expelled under Title 42 will be placed in expedited removal proceedings.
CA9 Finds U.S. Supreme Court’s Ruling in Pereida v. Wilkinson Was Consistent with Its Prior Decision in Marinelarena I
The court concluded that the Supreme Court’s decision in Pereida v. Wilkinson was consistent with its prior decision, and that petitioner failed to establish that her California conspiracy conviction did not involve a federally controlled substance. (Marinelarena v. Garland, 7/26/21)
DOJ Provides Reminders for DACA Recipients and Employers Regarding Employment Discrimination
On July 16, 2021, a federal court found DACA unlawful. This ruling does not affect ICE’s existing enforcement guidelines. In light of the court decision, DOJ issued reminders regarding employment discrimination and immigrant employee rights.
CA7 Upholds Finding That Petitioner with DUI Conviction Lacked Good Moral Character
The court upheld the BIA’s determination that petitioner was ineligible for cancellation of removal for lacking good moral character, where he had been convicted of drunk driving, had multiple vehicle-related traffic violations, and used a fake social security card. (Meza v. Garland, 7/20/21)
BIA Invites Amicus Briefs on Impact of Niz-Chavez v. Garland
The BIA invites amicus briefs on whether Niz-Chavez-Garland impacts the jurisdiction of an Immigration Court where the NTA fails to satisfy the statutory requirements of INA §239(a). Amicus briefs are due by 8/10/21.
CA8 Holds That Substitution of IJs Did Not Constitute a Violation of INA §240(c)(1)(A)
The court held that the issuance of the decision denying cancellation of removal to the petitioner by a different IJ than the one who had conducted the petitioner’s merits hearing did not violate his due process rights or the text of INA §240(c)(1)(A). (Orpinel-Robledo v. Garland, 7/19/21)
Sample Habeas Brief on Unlawfulness of Detention without Review for Arriving Asylum Seekers
Sample habeas brief (amicus or section of main brief) applying international human rights law and refugee law to argue that the detention of arriving asylum seekers without sufficient individualized determination of the need for detention, with review, is unlawful. (Motion for Injunctive Relief)
USCIS Issues Statement on DACA Court Decision in Texas v. United States
USCIS posted statements regarding the Texas v. United States decision, stating that DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization.
DHS Issues Statement on Immigration Enforcement During the 2021 Wildfire Season
DHS issued a statement, indicating that during the 2021 wildfire season “Absent exigent circumstances, immigration enforcement will not be conducted at locations where disaster and emergency response and relief is being provided.”
District Court Blocks Filing of New DACA Applications
A district court found that DHS violated the APA with the creation of DACA and its continued operation, stating that the DACA memo and the DACA program that it created are hereby vacated and remanded to DHS for further consideration. (Texas v. United States, 7/16/21)
AILA: No Surprise that Texas Judge Puts Politics Ahead of Sound Legal Precedent
AILA President Allen Orr and Executive Director Benjamin Johnson responded to the ruling by Texas federal judge Andrew Hanen against the Deferred Action for Childhood Arrivals (DACA) program in this statement, urging the administration and Congress to protect Dreamers.
Miami EOIR Records Request Form
Records Request Form for the U.S. Department of Justice, Executive Office for Immigration Review, Immigration Court in South Florida.
CA5 Finds Petitioner’s Conviction in Texas for Delivering Cocaine Was Included in CSA
The court denied the petition for review, finding that the petitioner’s conviction in Texas for delivering cocaine under Texas Health and Safety Code §481.112 was included in the Controlled Substances Act (CSA). (Ochoa-Salgado v. Garland, 7/16/21)
CA6 Finds BIA Correctly Determined That INA §241(a)(5) Precluded Reopening of Petitioner’s Removal Order
The court determined that the BIA correctly denied the petitioner’s motion to reopen, holding that the petitioner’s original removal order was not subject to being reopened because he had illegally reentered the United States pursuant to INA §241(a)(5). (Sanchez-Gonzalez v. Garland, 7/16/21)
CA8 Vacates BIA’s Decision Finding That Petitioner’s Conviction for Enticing a Minor in Iowa Was a “Crime of Child Abuse”
Where the BIA had held that the petitioner was removable because his conviction for enticing a minor in violation of Iowa Code §710.10(3) constituted a “crime of child abuse,” the court granted the petition for review, vacated the BIA’s decision, and remanded. (Pah Peh v. Garland, 7/16/21)
EOIR Announces 10 New Immigration Judges
EOIR announced 10 new Immigration Judges, including one Assistant Chief Immigration Judge.
CA3 Reverses Denial of CAT Relief Where IJ’s Decision Did Not Refer to Record Evidence
Where the IJ had failed to provide a citation or reference to the record in denying the petitioner’s Convention Against Torture (CAT) claim, the court found that the IJ’s decision was not supported by substantial evidence. (Valarezo-Tirado v. Att’y Gen., 7/15/21)
AG Overrules Matter of Castro-Tum and Returns to Matter of Avetisyan and W-Y-U-
The Attorney General stated that while the rulemaking proceeds and except when a court of appeals has held otherwise, IJs and the BIA should apply the standard for administrative closure set out in Avetisyan and W-Y-U-. Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021)
Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access
The American Immigration Council and other detention advocacy partners have created a template to file a complaint with the Office for Civil Rights and Civil Liberties (CRCL) on behalf of clients who have faced language access violations. Please customize and use it to file similar complaints.
AG Garland Gives Immigration Judges Back Authority to Administratively Close Cases
Attorney General Merrick Garland vacated the precedent decision in Matter of Castro-Tum, restoring “administrative closure,” a key tool used by immigration judges for decades to manage dockets and increase efficiency.
DHS OIG Issues Report on Violations of ICE Detention Standards at Adams County Correctional Center
DHS OIG conducted an unannounced inspection of the Adams County Correctional Center to evaluate compliance with ICE detention standards and COVID-19 requirements and made seven recommendations to improve ICE oversight.
South Florida EOIR Stakeholders’ Meeting Notes (7/14/21)
Notes from the EOIR Stakeholders’ Meeting on July 14, 2021.
DHS OIG Issues Report on NTAs to MPP Enrollees
DHS OIG conducted an audit to determine the extent to which DHS provided accurate notices to appear (NTAs) to Migrant Protection Protocols enrollees, finding that out of 106 NTAs issued, 20 that did not meet legal sufficiency standards or contained inaccurate information.