Featured Issue: Representing Clients Before ICE
This resource page combines AILA and partner resources for attorneys representing clients before ICE. Includes contact information and website links to procedures and policies related to ICE’s operations. 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.
Contact Information for 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 and provide “case management” to individuals in removal proceedings. ICE sub-contracts aspects of ISAP to a private sub-contractor, BI Incorporated (BI). BI is a sub-subsidiary of GEO Group, a company operating many U.S. private immigration detention centers for ICE.
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 non-profit organizations.
- DHS/ICE/OPLA Chief Counsel Contact Information
- Contact Information for Local OPLA Offices
- ERO Field Offices Contact Information*
- OPE Community Relations Officers
*ERO Headquarters does not provide direct contact numbers or emails for individual ERO officers. (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.
Requesting Prosecutorial Discretion
- Make sure to check ICE’s Prosecutorial Discretion and the ICE Office of the Principal Legal Advisor webpage for current information including:
- Format for PD Requests
- Fees or Filing Charges
- Criminal Background Checks
- OPLA Field Location (OFL) Map
- OFL Email Addresses for PD Requests
- Practice Alert: Prosecutorial Discretion Local Guidance
- Practice Alert: ICE Reinstates Mayorkas Enforcement Priorities and Doyle Memo
- DOL FAQs: Process for Requesting DOL Support for Requests to DHS for Immigration-Related Prosecutorial Discretion During Labor Disputes- July 6, 2022
- Ethical Duties for Prosecutorial Discretion Requests - September 30, 2021
- ICE Announces Creation of ICE Case Review Process - March 5, 2021
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.
- ICE Attorney Information and Resources Page
- AILA Practice Alert: Updates to the ICE Attorney Information and Resource Page
- List of ICE Facilities with Free Minutes Program for Detainees (AILA Doc. No. 21102863)
Credible Fear Interviews and ICE
The Biden Administration has increasingly relied on expedited removal as a border management tool and significantly increased the number of credible fear interviews (CFI) being conducted by asylum officers. Our “Featured Issue Page: Border Processing and Asylum” details the use of expedited removal at the border under the current “Circumvention of Legal Pathways” regulation. It also includes information about CFI interviews that are being conducted in CBP custody.
Resources on this page are meant to assist attorneys representing clients undergoing the CFI process in ICE custody or enrolled in the Family Expedited Removal Management (FERM) program, a non-detained CFI process.
- Resources Related to Case Challenging Credible Fear Interview and Bond Hearing Delays (Padilla v. ICE)
- Padilla v. ICE and Delays in Credible Fear Interviews
- Practice Alert: Nationwide Expansion of Family Expedited Removal Management
- Practice Alert: Changes to Requests for Reconsiderations in Expedited Removal
AILA and Council Resources
- AILA Practice Pointers and Alerts (continually updated)
- Report a Trend to the National ICE Committee
- AILA ICE Liaison Agenda and Meeting Minutes
- Practice Advisory: Representing Detained Clients in the Virtual Landscape
- AILA Provides Members with Recommendations in Responding to Detention Center Closures – August 19, 2021
- Resources on ICE Detention During COVID-19
- Seeking Release from Detention Factsheet – September 13, 2019
- Practice Pointer: How to Locate Clients that Have Been Apprehended by ICE - July 3, 2019
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
Recent ICE Updates
- ICE Check-In Scheduling Website
- ICE Online Change of Address Website
- AILA Practice Alert: Practice Alert: ICE Transition to E-Payment for Bonds (AILA Doc. No. 23042003) June 1, 2023
- DHS FAQs on Process for Noncitizens Requesting Deferred Action Related to the Enforcement of Labor and Employment Laws
- ICE Updates Policy on Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults, (AILA Doc. No. 22071401) July 14, 2022
- Policy covers the rights of individuals taken into ICE custody who are the parents and legal guardians of minor children, including those with children involved in the child welfare system. For the first time, the policy also extends these protections to parents and legal guardians of incapacitated adults. Parents and legal guardians detained by immigration enforcement officials should be permitted to make decisions about the care of their children/incapacitated adults, participate in child welfare case plans and court proceedings, and make plans to bring children/incapacitated adults with them if they are deported. Effective immediately.
- ICE Releases New Policies on Protections for Detained Noncitizens with Mental Disorders (AILA Doc. No. 22041203)- April 5, 2022
- ICE issued new policies covering detained noncitizens with serious mental health disorders. Notably, this policy requires expanded access to counsel provisions such as requiring ICE to support the pre-scheduling of legal calls at no cost to the detained noncitizen, providing access to medical or mental health professionals for forensic medical evaluation and FOD/supervisory approval before a transfer is made.
- ICE Issues Guidance on Protections for Noncitizen Victims of Crime (AILA Doc. No. 22031805)- March 16, 2022
- ICE issued directive 10036.2, which states that ICE personnel are generally prohibited from using or disclosing information protected by Section 1367 to anyone other than DHS or DOJ employees. This includes information on applicants for T & U visas, continued presence, or VAWA based benefits.
- ICE Releases SOP for Termination of Agreement at Detention Facilities (AILA Doc. No. 22033000)– March 2, 2022
- ICE provided standard operating procedures consolidating the steps ERO staff take when terminating ICE operations at a detention facility, including appropriate communication with stakeholders and representatives.
- ICE Releases FAQs on Enforcement Actions Involving Noncitizen Crime Victims (AILA Doc. No. 21081236)- August 10, 2021
- ICE released FAQs related to its policy update regarding civil immigration enforcement actions involving noncitizen crime victims, including applicants for and beneficiaries of victim-based immigration benefits.
- ICE Issues Updated Guidance in Identifying and Monitoring Pregnant, Postpartum, or Nursing Individuals – July 1, 2021
Browse the Featured Issue: Representing Clients Before ICE collection
BIA Holds That Parties Properly Served with Electronic Notice of Briefing Schedule Must Actively Monitor Inbox, Including Spam Folder
The BIA held that a representative’s failure to diligently monitor the inbox, including the spam folder, of the email address on record with EOIR does not excuse a party’s failure to comply with briefing deadlines. Matter of Arciniegas-Patino, et al., 28 I&N Dec. 883 (BIA 2025)
Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
AILA’s National ICE Committee provides this practice pointer to help attorneys prepare for their client’s order of supervision appointments with ICE-ERO. This resource identifies proactive steps to undertake in light of the potential for enforcement actions against clients at these appointments.
Practice Pointer: Filing Form G-28 for Individuals in Detention
Given recent technological updates, AILA’s National ICE Committee provides this practice pointer on options for Filing Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) for detained individuals.
Practice Pointer: How to Locate Clients Apprehended by ICE
AILA’s National ICE Committee provides this practice pointer to assist attorneys with best practices and tips for locating clients that have been apprehended by ICE or will be transferred to ICE custody.
AILA's ICE Liaison Committee Meets with ICE
Official meeting minutes of AILA’s ICE National Committee November 21, 2024 liaison engagement with ICE headquarters leadership, including personnel from the Office of the Principal Legal Advisor (OPLA) and Enforcement & Removal Operations (ERO).
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
Key Takeaways: Preparing for Removal Defense in the Trump Administration: AILA Town Hall Roundtable
AILA's video roundtable discussed removal defense under the Trump Administration, stressing proactive strategies, prioritizing high-risk cases, and staying updated on policy changes to effectively represent and protect clients amid shifting immigration policies.
Discuss Initial Policy Changes Made by the Trump Administration as They Happen
Join AILA leadership for discussions of the rapid-fire changes to immigration policy that are anticipated during the first two weeks of the Trump Administration. Register now for our live video roundtables on January 24 and January 31.
CA1 Upholds Asylum Denial as to Ecuadorian Petitioner Who Was Attacked at Soccer Game and Denied Medical Care
The court upheld the BIA’s conclusion that the Ecuadorian petitioner had failed to establish a nexus between his attack at a soccer game and any protected ground for asylum, and had not shown a well-founded or reasonable fear of future persecution. (Vargas Panchi, et al. v. Garland, 1/13/25)
CA6 Upholds Asylum Denial as to Guatemalan Petitioner Threatened by Gang Members Who Extorted Him for Money
Where the petitioner had been extorted for money by suspected gang members in Guatemala, the court upheld the BIA’s and IJ’s determination that the petitioner’s particular social group (PSG)—“people afraid of gangs in Guatemala”—was not legally cognizable. (Mateo-Esteban v. Garland, 1/13/25)
AILA Files Stories Amicus Brief Urging the U.S. Supreme Court to Allow Judicial Review of “Withholding-Only” Cases
AILA urges the U.S. Supreme Court to reverse the Fourth Circuit’s decision foreclosing a noncitizen from obtaining judicial review of the Board of Immigration Appeals’ (BIA) decision in a withholding-only proceeding.
Featured Issue: Preparing for a Second Trump Administration
Use this page to view AILA resources on how members and others can prepare for a second Trump Administration.
ICE Fact Sheet on Facilitating Visitation for Parents in ICE Custody and Minor Children
ICE provided a fact sheet on what to do if a parent is in ICE custody and visitation is being arranged either in person or remotely.
Featured Issue: Representing Clients Before ICE
This resource page combines AILA and partner resources for attorneys representing clients before ICE. Includes contact information and website links to procedures and policies related to ICE’s operations.
ICE Contact Information for Detention Facilities
ICE provides contact information for each of its detention facilities.
AILA Urges Senators to Vote No on Laken Riley Act
AILA submitted a recommendation to senators that they vote no on the Laken Riley Act. AILA sent a similar vote recommendation to representatives.
DHS Final Rule on Immigration Bond Notifications
DHS final rule amending the regulations to authorize ICE to serve bond-related notices to obligors electronically. The final rule made no substantive changes from the 2023 interim final rule. The final rule is effective on 1/6/25. (90 FR 535, 1/6/25)
Practice Alert: Final Rule Issued Authorizing Service of Bond-Related Notices Electronically to Obligors
On January 6, 2025, DHS published the final rule to authorize ICE to serve bond-related notices electronically to obligors who consent to electronic delivery of service. The updated regulations can be found at 8 CFR §103.6(g-h). Read this practice alert for more information.
Client Flyer: What Is a Notice to Appear?
AILA provides a simple flyer to help your clients understand the basics of a Notice to Appear (NTA). There is a generic PDF version and a customizable Word version. Please share widely with your networks.
CA7 Finds It Lacked Jurisdiction to Consider Agency’s Discretionary Decision-Making in Denying Adjustment of Status
Dismissing the petition for review, the court held that both the IJ and the BIA properly considered and weighed the factors the petitioner presented in mitigation in denying her adjustment of status, and that the BIA applied the proper standard of review. (Zarzecki v. Garland, 1/3/25)
DHS Final Rule on Civil Monetary Penalty Adjustments for Inflation
DHS final rule on civil monetary penalty adjustments for inflation, including the assessment of civil monetary penalties for certain employment-related violations arising from the INA during 2025. Effective as of 1/2/25. (90 FR 1, 1/2/25)
CA1 Upholds Asylum Denial as to Brazilian Petitioners Who Feared Persecution on Account of Their Family Membership and Political Opinion
The court held that the Brazilian petitioners had failed to show a well-founded fear of persecution based on either their membership in a particular social group (PSG) consisting of “the Rodrigues family” or based on their political opinion. (Reginaldo Rodrigues, et al. v. Garland, 12/27/24)
DOJ Notice of Withdrawal of Proposed Rules
DOJ notice of withdrawal of two proposed rules (Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal, and Good Cause for a Continuance in Immigration Proceedings), both published on November 27, 2020. (89 FR 107044, 12/31/24)
DHS/DOJ Interim Final Rule Delaying Effective Date of Security Bars and Processing Final Rule
DHS/DOJ interim final rule delaying the Security Bars and Processing Final Rule until 12/31/25. Comments are due by 1/27/25. (89 FR 105386, 12/27/24)
CA9 Finds That VAWA Petitioner Failed to Show Extraordinary Circumstances to Waive the Untimeliness of Her Motion to Reopen
The court concluded that the BIA did not abuse its discretion in determining that the Violence Against Women Act (VAWA) petitioner had failed to show the requisite extraordinary circumstances to waive the untimeliness of her motion to reopen. (Magana-Magana v. Garland, 12/26/24)