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
CA11 Says Petitioner’s Conviction for Possession with Intent to Distribute Ecstasy in Georgia Was as an Aggravated Felony
Applying the modified categorical approach, the court determined that the petitioner’s 2003 conviction for possession with intent to distribute ecstasy under Georgia Statute §16-13-30 qualified as an aggravated felony involving a drug trafficking crime. (Gordon v. Att’y Gen., 6/24/20)
BIA Equitably Tolls Deadline to Rescind In Absentia Order Based on Ineffective Assistance
Unpublished BIA decision equitably tolls 180-day time limit on motion to rescind in absentia order based on ineffective assistance of counsel. Special thanks to IRAC. (Matter of Enriquez-Godinez, 6/24/20)
Three Organizations Challenge Expanded Expedited Removal Procedures
A district judge issued an order blocking DHS from expanding expedited removal to many individuals who are in the interior of the U.S. or have been in the U.S. for more than 14 days. (Make the Road NY v. McAleenan, 9/27/19)
BIA Reopens Proceedings Sua Sponte for Parent of Active Military Member
Unpublished BIA decision reopens proceedings sua sponte to let respondent adjust status based on approved visa petition filed by U.S. citizen child who is active member of the military. Special thanks to IRAC. (Matter of Oh, 6/23/20)
Senators Send Letter to EOIR Director About EOIR’s Decision to Resume Hearings Amid COVID-19 Pandemic
Senator Warren (D-MA) led a group of senators in sending a letter to EOIR Director McHenry about EOIR’s decision to resume non-detained hearings, its process for making that decision, and its communication of that decision to stakeholders. The letter echoes AILA’s concerns about EOIR’s decision.
CA2 Remands Asylum Claim to Consider Petitioners’ Evidence of Changed Country Conditions in Indonesia
The court held that the BIA’s denial of the petitioners’ motion to reopen failed to account for relevant evidence of changed country conditions for Christians in Indonesia, and that 8 CFR §1003.2(c)(1) did not require them to submit a new asylum application. (Tanusantoso v. Barr, 6/23/20)
CA8 Says Conviction in Minnesota for Obstruction of Legal Process Is Not Categorically a CIMT
The court held that the BIA erred in finding that the petitioner’s conviction in Minnesota for obstruction of legal process was categorically a crime involving moral turpitude (CIMT), and thus granted the petition for review and vacated the BIA’s order of removal. (Ortiz v. Barr, 6/23/20)
D.C. Circuit Court Reversed District Court’s Grant of a Preliminary Injunction in Challenge to Expanded Expedited Removal Process
The D.C. Circuit Court of Appeals affirmed that the district court had jurisdiction, but vacated the preliminary injunction. The court reasoned that the merits of plaintiffs’ notice and comments claims were not likely to succeed. (Make the Road New York, et al., v. Wolf, et al., 6/23/20)
AILA and Partners Call on DHS and USCIS to Immediately Reinstate DACA
One hundred and fifty-five organizations, including AILA, sent a letter urging DHS and USCIS to immediate reinstate DACA, including accepting initial applications and granting advance parole. The letter also calls on DHS and USCIS to work with the Senate to pass the American Dream and Promise Act.
AILA and Partners Urge New Mexico Governor Lujan Grisham to Stop ICE Detention Facility Transfers
AILA and partners sent a letter urging New Mexico Governor Lujan Grisham to prevent transfers and book-ins to ICE contract immigration detention centers in New Mexico, particularly the Otero County Processing Center in Chaparral, in order to prevent the spread of COVID-19.
Breaking Update: You Can Still Help DACA Clients
The Supreme Court found DACA was not properly canceled, giving us an unexpected and well-deserved reprieve. But this will naturally send DACA clients to their lawyers, so we offer these tips for strategizing and communicating with DACA clients about their future options.
EOIR Announces Relocation of the San Diego Immigration Court
EOIR announced that the effective date of the relocation of the San Diego Immigration Court is June 29, 2020. The new location will resume non-detained hearings on July 6, 2020. Notice includes the new location’s address, hours of operation, and telephone number.
Supreme Court Upholds DACA, Says DHS’s Decision to Rescind Was Arbitrary and Capricious
On June 18, 2020, the U.S. Supreme Court ruled that DHS’s decision to rescind the Deferred Action for Childhood Arrivals Program, also known as DACA, was arbitrary and capricious under the Administrative Procedure Act. (DHS v. Regents of the University of California)
AILA Celebrates Supreme Court’s DACA Decision, Calls for Permanent Protection
AILA applauds the U.S. Supreme Court’s decision blocking the rescission of DACA. The decision underscores the incredible importance of our nation’s foundational principle of separation of powers and the need for accountability in government agency actions.
S. 4011: Immigration Enforcement Moratorium Act
Senator Ed Markey (D-MA) announced the "Immigration Enforcement Moratorium Act," citing AILA’s prior calls on the DOJ to cease in-person removal proceedings during the public health emergency and introducing measures to promote fairness in immigration courts. AILA endorses this bill.
DHS OIG Releases Report on Early Experiences with COVID-19 at ICE Detention Facilities
DHS OIG surveyed personnel at 188 ICE detention facilities regarding their experiences and challenges managing COVID-19. Facilities reported concerns regarding availability of PPE and staff, and their inability to practice social distancing among detainees and quarantining infected individuals.
AILA Quicktake #288: U.S. Supreme Court Blocks Rescission of DACA Program
Jeremy McKinney, AILA's First Vice President, provides a brief analysis of SCOTUS's decision to reject the Trump Administration's rescission of the Deferred Action for Childhood Arrivals (DACA) program.
TRAC Finds Bond Grant Rates for Detained Immigrants Have Not Improved Despite Rising Representation Rates
TRAC found that nationally, representation rates for detained immigrants at bond hearings have risen, with the rate in FY2020 almost double compared to five years ago. Despite the rising representation rate, TRAC found that bond grant rates have not improved and that median bond amounts have risen.
CRS Releases Legal Sidebar on Supreme Court’s DACA Decision
CRS released a legal sidebar on the Supreme Court’s decision in Department of Homeland Security v. Regents of the University of California that the reasoning DHS offered in support of its decision to rescind DACA was inadequate and therefore violated the Administrative Procedure Act.
Fight Back Against Chevron Deference in Asylum and Withholding Cases
In this blog post, AILA member Maureen Sweeney previews her AILA Law Journal article and describes several factors litigators can argue weigh against applying Chevron in asylum and withholding cases “and in favor of robust judicial review of BIA and AG decisions.“
Documents Related to DHS v. Regents of the University of California
On June 18, 2020, the U.S. Supreme Court ruled that DHS’s decision to rescind the Deferred Action for Childhood Arrivals Program, also known as DACA, was arbitrary and capricious under the Administrative Procedure Act. (DHS v. Regents of the University of California)
D.C. District Court Grants TRO over Access to Counsel for ICE Detainees During COVID-19 Pandemic
The court held that Southern Poverty Law Center had met the requirements for a temporary restraining order (TRO) for its conditions of confinement claim, which concerns access to counsel for individuals detained at four ICE facilities. (Southern Poverty Law Center v. DHS, et al., 6/17/20)
U.S. District Judge Orders ICE to Remove Barriers to Access to Counsel for Detainees at Four Detention Facilities
The judge ordered ICE to comply with the optimal-level requirements of the Performance-Based National Detention Standards (PBNDS) related to calls and video-teleconferences in order to ensure access to counsel during the COVID-19 pandemic. (Southern Poverty Law Center v. DHS, et al., 6/17/20)
BIA Reopens Proceedings Sua Sponte for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for DACA recipient who was married to a U.S. citizen and the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Sanabria Rosales, 6/17/20)
BIA Reopens Proceedings Sua Sponte for Respondent with TPS to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent with TPS to adjust status under Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Rivas, 6/16/20)