Requests for OPLA to Join or Not Oppose Motions Filed Pursuant to the Ms. L. Settlement Agreement

On December 11, 2023, the U.S. District Court for the Southern District of California entered an order approving the Settlement Agreement reached by the parties in Ms. L. v. ICE, No. 18-428 (S.D. Cal. Dec. 11, 2023), ECF No. 721-1 (Settlement Agreement), 727 (Order Granting Final Approval of Settlement Agreement and Certifying the Settlement Classes).

Individuals who believe they may qualify as a Ms. L. Class Member should register on Together.gov or Juntos.gov. Individuals who believe they may qualify as a Qualifying Additional Family Member (QAFM) should request that the Ms. L. Class Member contact the Help Desk 1 for assistance. The Help Desk is maintained by the International Organization for Migration.

As part of the Settlement Agreement, Class Members and their QAFMs, as appropriate, may request that the U.S. Department of Homeland Security (DHS) join or not oppose motions, including motions to reopen and/or dismiss removal proceedings before the U.S. Department of Justice, Executive Office for Immigration Review (EOIR).

Where to Submit Requests

Requests must be emailed to the U.S. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor (OPLA) Field Location responsible for the Class Member or QAFM’s immigration case. In order to locate the appropriate OPLA Field Location, click on the OPLA Field Location Map button and find the OPLA location that is in the same city and state where your immigration case is pending or was previously pending before the immigration court.

• For example, if a Class Member’s immigration case is pending before the immigration court in Philadelphia, Pennsylvania, the appropriate OPLA Field Location for the case is OPLA Philadelphia. The Class Member would then send an email request to that location.
• Another example is if a Class Member’s immigration case is on appeal before the Board of Immigration Appeals (BIA). In such scenarios, Class Members would first determine which immigration court last adjudicated their case by looking at the city and state referenced in the case-caption on the immigration judge’s decision that was appealed. The Class Member would then identify the OPLA location that is in that same city and state and send an email request to that location.

Individuals may also utilize the EOIR automation hotline at 1-800-898-8170 or the EOIR online automated case information website found here, to determine which city and state their immigration case is currently, or was previously, pending before the immigration court.

The email addresses for the OPLA Field Locations nationwide may be viewed by clicking on the OFL Email Addresses for Requests header below.

OPLA Field Location Map

OFL Email Addresses for Requests

The following table contains email addresses for each OFL that you (or your legal representative) should use when requesting PD in your case. Some OFLs may prefer to receive PD requests via ICE eService. You (if you are unrepresented or “pro se”) or your legal representative may register for ICE eService online. If you have questions about how to submit a PD request, please contact your local OFL.

Email Limited Data Security Waiver

Those engaging in email exchange with OPLA’s PD email addresses acknowledge and agree to a limited waiver of data security that shall only attach to the electronic service and transmittal of documents that may contain sensitive personally identifiable information (SPII). Senders to the email addresses should be aware, however, that ICE cannot ensure that information transmitted outside of the DHS network will remain secure during transmission. This waiver applies to both your receipt of information transmitted by ICE and the transmission of information from you to ICE. Please also be advised that (1) from the time information leaves the DHS network until receipt by your email system and (2) during the time that information is being transmitted by your email system to the DHS network, the information contained within the email, including but not limited to SPII, is not necessarily secure against interception. You are strongly encouraged to encrypt any documents containing SPII prior to sending it to OPLA via email and to send passwords under separate email. By participating in use of the PD email addresses, you expressly agree to assume the risk that SPII may be intercepted during transmission to or from the DHS network and, as a result, be obtained by or disclosed to third-parties.

Required Format for Requests

Requests must comply with the following requirements:

• Subject Line – The email’s subject line must clearly state: (1) “Ms. L. Motion;” (2) the type of motion; and (3) the Class Member’s and/or QAFM’s Alien Registration Number(s) (A-number(s)).
  • Examples: “Ms. L. Motion to Dismiss, A123 456 789,” or “Ms. L. Motion to Reopen and Dismiss, A123 456 789,” or “Ms. L. Motion to Remand and Dismiss, A123 456 789.”
  • the type of motion sought (e.g., dismissal, administrative closure, continuance, or reopening of the removal proceedings);
  • whether the individual is a Class Member or a QAFM;
  • the Class Member’s or QAFM’s full name, date of birth, country of citizenship, and A-Number (e.g., John James Doe, 01/01/2021, Mexico, A123 456 789);
  • the next scheduled hearing date before EOIR, if applicable;
  • the full name and A-number of the separated family members, as follows:
    • If the request is being made by the parent or legal guardian, include the name(s) and A-numbers(s) of the child(ren);
    • If the request is being made by the child, include the full name(s) of the child’s separated parent(s) or legal guardian(s), and their A-numbers, if known;
    • evidence of a pending parole application (e.g., Form I-797, Notice of Action);
    • evidence of the parole authorized or granted by U.S. Citizenship and Immigration Services (USCIS) (e.g., Form I-94, Arrival/Departure Record or travel document authorizing parole);
    • if parole was not sought, evidence of Ms. L. Class membership (i.e., the Class membership confirmation email);
    • For QAFMs, a copy of the email sent to their associated Class Member confirming the Class Member’s Ms. L. Class membership;
    • if Ms. L. Class membership or parole was denied, any information reflecting the basis for the denial; and
    • any other documentation that will help OPLA assess the request.
    • clearly reference that the noncitizen is a Class Member or QAFM,
    • state that the motion is being submitted in light of the Ms. L. v. ICE Settlement Agreement,
    • delineate the type of motion being sought (e.g., dismissal of removal proceedings), and
    • include any other information and/or documentation in support of the motion.

    Motion Types

    Motions to Continue Based on a Pending Application for Parole

    Class Members and QAFMs in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA) or withholding-only proceedings pursuant to 8 C.F.R. § 1208.31(e) before the Immigration Court or the Board of Immigration Appeals (BIA) and who have a pending parole application before USCIS under the terms of the Settlement Agreement may submit a request to the appropriate OPLA Field Location for DHS to join or not oppose a motion to continue the proceedings pending USCIS’ adjudication of the parole application.

    • Requests for DHS to join or not oppose the motion must be submitted no later than one year after the application for parole has been filed with USCIS.

    Motions to Dismiss/Terminate or Administratively Close Based on an Approved Parole Application

    Class Members and QAFMs who are in INA § 240 proceedings or withholding-only proceedings and for whom USCIS has granted parole may request that DHS join or not oppose a motion to dismiss/terminate, administratively close, or recalendar and dismiss/terminate, as appropriate.

    • If the Class Member and/or QAFM was granted parole on or after the Effective Date of the Settlement Agreement, the request must be submitted to the appropriate OPLA Field Location on or before one year after USCIS approves the parole application. The authorized period of parole must not have expired or have been terminated at the time of the request.
    • If the Class Member and/or QAFM was granted parole prior to the Effective Date of the Settlement Agreement, the request must be submitted to the appropriate OPLA Field Location on or before one year after the Effective Date of the Settlement Agreement. The authorized period of parole must not have expired or have been terminated at the time of the request.

    Motions to Dismiss/Terminate, Recalendar and Dismiss/Terminate, or Reopen and Dismiss/Terminate INA § 240 Removal Proceedings to Pursue Asylum before USCIS

    Class Members (including those seeking that USCIS reopen a previously denied or referred asylum application) who are in INA § 240 removal proceedings or who are seeking to recalendar or reopen and dismiss/terminate prior INA § 240 removal proceedings without prejudice, may submit a request that DHS join or not oppose the motion. A Class Member’s motion may include their QAFM(s) who are in consolidated INA § 240 removal proceedings with them.

    A Class Member’s request for DHS to join or not oppose the motion must be submitted no later than two years after their “Settlement Class Member Confirmation Date.”

    • The “Settlement Class Member Confirmation Date” is defined as the date the DHS Family Reunification Task Force Research Committee accepts an individual as a Class Member and refers the individual’s case for services under the Settlement Agreement.
    • If an individual was determined to be a Class Member prior to the Effective Date of the Settlement Agreement, then their “Settlement Class Member Confirmation Date” will be the effective date of the Settlement Agreement.

    Motions Before the Board of Immigration Appeals

    Class Members with pending appeals before the BIA (including appeals that have been administratively closed or taken off the docket by the BIA) may submit a request to the appropriate OPLA Field Location that DHS join or not oppose a motion to remand or a motion to remand and dismiss, terminate, or administratively close their removal proceedings. Motions filed by Class Members may include their QAFM(s) who are in consolidated removal proceedings with them.

    A Class Member’s request for DHS to join or not oppose the motion must be submitted no later than two years after their “Settlement Class Member Confirmation Date.”

    Fees or Filing Charges

    OPLA does not charge a filing fee or application fee to receive, process, or consider motions filed by noncitizens. Therefore, a fee is not required when submitting a request to an OPLA Field Location that it join or not oppose a motion under the terms of the Settlement Agreement.

    No Private Right

    This guidance is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.

    The appearance of any form of hyperlink does not constitute endorsement by the Department of Homeland Security (DHS) of non-U.S. Government entities or the information, products, or services endorsed by those entities. DHS sometimes uses non-U.S. Government entities as an additional distribution channel for relevant information, but DHS does not endorse nor exercise control over all of the information that you may find from these sources. DHS provides this information consistent with the stated purpose of this website.