Office of the Principal Legal Advisor:

Immigration Prosecutors & More

Date of Information: 08/24/2025

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1. Overview

The Office of the Principal Legal Advisor (OPLA) is the largest legal program within the Department of Homeland Security (DHS), employing over 1,100 attorneys and hundreds of support staff across more than 60 locations nationwide. It serves as DHS’s exclusive representative in immigration removal proceedings before the Executive Office for Immigration Review (EOIR), handling cases involving criminal noncitizens, terrorists, and human rights abusers, among others (ice.gov).

2. Legal Authority & Foundations

Statutory & Regulatory Authority

  • 6 U.S.C. § 252(c) establishes OPLA’s statutory authority as DHS’s exclusive representative in EOIR proceedings.

  • Congress explicitly chartered OPLA to represent ICE in administrative immigration litigation and to provide specialized legal advice to ICE officers, agents, and other personnel (ice.gov).

Prosecutorial Discretion Authority

  • Historically, OPLA attorneys followed centralized guidance, including the Mayorkas Memo (Sept 30, 2021) and the Doyle Memo (Apr 3, 2022), which set priorities for exercising prosecutorial discretion in removal cases.

  • In June 2022, a federal court in Texas vacated the Mayorkas Memo, and because the Doyle Memo was built on that framework, neither memo is currently in effect (grassley.senate.gov, ilrc.org).

  • Nevertheless, OPLA attorneys retain their inherent prosecutorial discretion, exercised on a case-by-case basis as part of their long-standing authority.

  • In September 2023, DHS issued Director’s Memorandum 23-04, providing updated guidance to immigration judges under 8 C.F.R. § 1003.0(b). This memo guides EOIR proceedings broadly but does not replace OPLA’s own discretion policies (justice.gov).

Mission & Professional Standards

  • OPLA’s mission includes protecting the homeland through diligent litigation, timely legal advice, and adherence to high professional conduct standards (aila.org).

3. History & Context: How OPLA Came to Be

Before 2003: The Role of INS

  • Prior to the Homeland Security Act, the Immigration and Naturalization Service (INS)—housed within the Department of Justice—was responsible for both the enforcement and service functions of immigration law.

  • Within INS, the General Counsel’s Office performed the prosecutorial role in immigration court, representing the government in removal proceedings before the Executive Office for Immigration Review (EOIR).

  • This dual structure (INS as both the enforcement agency and the service provider) was widely criticized for conflicts of interest, since the same agency processed immigration benefits (like naturalization) while also pursuing deportations.

2001: The September 11 Terrorist Attacks

  • The terrorist attacks of September 11, 2001, exposed serious deficiencies in the U.S. government’s ability to coordinate domestic security, intelligence, and immigration enforcement.

  • In the aftermath, there was an intense period of congressional inquiry, internal executive branch review, and public debate about how best to prevent future attacks. The 9/11 Commission Report later documented many of these failures, particularly the lack of coordination across federal agencies.

  • This process of self-examination and reform made clear that the nation needed a unified structure to oversee border security, immigration enforcement, and domestic counterterrorism functions.

2002: Creation of the Department of Homeland Security

  • In response, Congress passed the Homeland Security Act of 2002, signed into law on November 25, 2002. This represented one of the largest federal reorganizations in U.S. history, consolidating 22 different agencies under the new Department of Homeland Security (DHS) (aila.org).

2003: Restructuring of Immigration Functions

  • When DHS began operations in March 2003, it dismantled the INS and redistributed its functions into three new agencies:

    • U.S. Citizenship and Immigration Services (USCIS) – handling immigration benefits.

    • U.S. Customs and Border Protection (CBP) – managing ports of entry and border enforcement.

    • U.S. Immigration and Customs Enforcement (ICE) – handling interior enforcement, including removal proceedings.

2003 Onward: The Emergence of OPLA

  • Within ICE, OPLA was created (by congressional charter) to centralize the government’s legal function—providing litigation in removal proceedings and legal advice to ICE enforcement personnel.

  • From its inception, OPLA was designed as a national legal presence, with headquarters in Washington, D.C., and Chief Counsel offices across the U.S. (ice.gov, aila.org, pressreleasepoint.com).

4. Practical Tips & Understanding

For immigrants and advocates, it’s important to know:

  • OPLA represents the U.S. government—not the individual.

  • Prosecutorial discretion is still available but is exercised case by case, without the centralized frameworks of the vacated Mayorkas or Doyle memos.

  • OPLA attorneys are centrally organized to ensure consistent representation across all immigration courts.

5. Frequently Asked Questions

Are there prosecutors in immigration court?

Yes. In immigration court, the government is represented by OPLA attorneys, who act as prosecutors.

Is the immigration court civil or criminal?

Immigration court is civil, not criminal. There are no juries, and the outcome is deportation or relief—not a criminal conviction.

Are you entitled to an attorney in immigration court?

You have the right to be represented, but at your own expense. The government does not provide free lawyers in immigration proceedings.

Who prosecutes immigration cases?

OPLA attorneys prosecute removal cases on behalf of DHS.

Who is in charge of immigration in the United States?

Immigration enforcement is shared across DHS agencies. OPLA works under ICE, while immigration courts are run by the Executive Office for Immigration Review (EOIR), part of the Department of Justice.

Can an immigration lawyer stop deportation?

Yes. A defense attorney can apply for relief like asylum, cancellation of removal, or adjustment of status, and can also request prosecutorial discretion from OPLA.

What are the duties of an immigration lawyer?

  • Government (OPLA): prosecute removal cases, advise ICE, and enforce immigration law.

  • Defense lawyers: defend immigrants, file applications for relief, and argue against deportation.

Is there a demand for immigration lawyers?

Yes. With immigration backlogs exceeding one million cases, both government OPLA attorneys and private immigration defense attorneys are in high demand.

How do you become an immigration prosecutor?

To work for OPLA, you must:

  • Earn a law degree (J.D.).

  • Pass the bar in at least one U.S. jurisdiction.

  • Apply for attorney positions with ICE OPLA, usually through USAJobs.gov.

6. Conclusion

The Office of the Principal Legal Advisor (OPLA) plays a decisive role in U.S. immigration enforcement. Its attorneys act as the government’s prosecutors in removal proceedings, guiding the way DHS enforces immigration law in the courtroom. While OPLA does not represent immigrants, understanding its mission, history, and authority helps you better navigate the complex world of immigration court.

Whether you are facing removal, seeking relief, or simply trying to understand the process, knowing how OPLA operates is critical to protecting your rights and preparing an effective defense.

Need Help with OPLA?

If you are in removal proceedings or expect to interact with OPLA attorneys, it’s important to have skilled legal representation on your side. Our firm provides strategic, experienced advocacy to help you navigate immigration court and defend your future.

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