Functions and Duties
The Office of the Principal Legal Advisor in New York (also referred to as OPLA) has several roles and responsibilities that are essential in today’s complex legal landscape. OPLA provides full range legal services necessary for the management of cases before various administrative bodies, particularly the Board of Immigration Appeals, various Federal Courts, and Immigration Courts.
On a daily basis, the Office of the Principal Legal Advisor represents the Department of Homeland Security, including U.S. Homeland Security Investigations, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, and various other authorities with particular interest in violations of the laws.
In New York, it is housed in the New York Area Office, Department of Homeland Security with an Army of 170 trial attorneys, Office of General Counsel. Within this office, Assistant Chief Counsels (also referred to as trial attorneys) represent the U . S. Government in cases ranging from permanent visa petitions to deportation/divestment hearings. The attorneys direct their efforts on administrative matters with the goal to protect the interests of the Department of Homeland Security and the people it serves.
Assistant Chief Counsel Offices are located at the U.S. Immigration Court at 26 Federal Plaza and the Varick Street ICE Enforcement and Removal Operations Offices also in Manhattan.
Working closely with trial attorneys, New York’s OPLA is responsible for securing favorable decisions for the government in removal orders, bond, custody/relief, and general filings. The latter includes asylum, special immigrant juvenile status, deferred action for childhood arrivals, orders of supervision and rescission of permanent residency. Their functions also include training law students and presenting seminars on topical legal issues.
Organization and Approach
The OPLA is the principal legal advisor of the agency as a whole. The OPLA in New York operates under the Office of the Chief Counsel for the Department of Homeland Security. The OPLA’s chief counsel is Ashia Holt, and she oversees the New York office by overseeing the staff, including the Deputy Chief Counsel and various team leaders and department heads. The New York OPLA chief counsel reports back to the Chief Counsel, Paul Schmidt, at headquarters. The OPLA, without doubt, interacts primarily with the EOIR, drawing upon its large pool of attorneys to interface with the Courts. OPLA’s chief counsel in New York runs the different departments in the regional office, which are as follows: Litigation and Appellate This department runs all of the hearings before the Immigration Court. It handles all types of detained and non-detainee appearances. Of note, OPLA attorneys appear on behalf of the United States in all merits hearings before the Immigration Court in New York. This department also handles all appeals to the Board of Immigration Appeals. This department is the most well-known and all the OPLA attorneys have heavy dockets. Counselex The Counselex Division is made up of group of attorneys that do not appear in the New York Immigration Courts; but instead handle motions and cases that are located in non-New York Immigration Courts. This office handles cases located in Boston, Hartford, Vermont, Buffalo and the New York Executive Office for Immigration Review has some video conferencing hearings with General Counsel practitioners across the country. Skilled attorneys work to file briefs, motions and any related documentation in support of the Government’s position in cases across multiple states. Advisory/Enforcement Council The Advisory/Enforcement Council is a group of attorneys that do not appear before the Immigration Courts to represent the Government. The Adviser’s division writes briefings on a wide range of topics, such as how to handle complicated asylum cases and litigation strategy and research in support of the Government’s enforcement policy. The firms in this division provide critical institutional memory by assisting in important nationwide matters that cross a diverse spectrum of issues. Legal Administrative Support Staff The Staff provide a critical rolse within the office by assisting all of the attorneys in NY and surrounding states with their cases. The employees in this department keep files up to date and all the attorneys informed of hearing dates, client information and any relevant developments in their client’s cases. This department is the bedrock of the efficiency that OPLA requires to run its complex practice.
Critical Legal Fields
The New York Office of the Principal Legal Advisor (OPLA) advises the Department on the following legal areas: jurisdiction, fiscal law, commercial and civil law, international law, litigation, environmental law, transportation and insurance law, human resources law, immigration law and technology.
Immigration law is of particular significance in New York. One of the primary functions of OPLA/N is to advise on immigration issues and policy. This includes the provision of advice and support to Field Operations leadership in the areas of politics, criminal justice, rights and benefits, and administrative law. It provides legal advice, assistance and training in the areas of immigration law, regulatory interpretation and its application, and enforcement cases.
The office plays an important role in advising the Department in matters involving individual due process and statutory naturalization appeals. OPLA/N oversees and participates in outreach efforts to guide applicants through the process and address their concerns and questions. The office has a seat on the Naturalization and Immigration Policy Enforcement Agency (NIPSEA) which is a working group of federal agency representatives who meet to provide assistance and input on rules and regulations related to immigration and naturalization.
OPLA/N also provides advice, support and training to ICE officers, agents, managers, directors and senior management on litigation matters. It plays an important role in criminal prosecutions both in the area of national security and non-national security, as well as advising on complex issues such as federal sentencing enhancements, criminal tax prosecution, money laundering, and technical assistance in investigative matters. As part of its litigation support, it represents the Department in hearings before the U.S. Court of Appeals for the Second Circuit.
Partnerships and Cooperation
The Office of the Principal Legal Advisor (OPLA) in New York collaborates to carry out its mission of guiding and coordinating all DHS attorneys within the state of New York. Within that capacity, OPLA coordinates with other government agencies at all levels. Due to the nature of OPLA’s work, its lawyers have expanded their practice and understanding of administrative law, thus enriching the knowledge base of not only ICE, but other DHS components as well .
OPLA collaborates with various governmental agencies within New York State, including the New York City Mayor’s Office, the police departments of several cities (notably the New York City Police Department), the New York State Attorney General and Public Advocacy Offices, the New York City Law Department, and the New York City Administration for Children’s Services.
External to New York State, OPLA coordinates with other DHS components such as U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, the U.S. Department of Justice’s Offices of Immigration Litigation, the Board of Immigration Appeals, and the Executive Office for Immigration Review.
Obstacles and Successes
A key challenge faced by the Office of the Principal Legal Advisor in New York over the years has been to provide legal advice and support for a wide range of complex and rapidly evolving situations. The urgent and often unprecedented legal matters facing the United Nations require immediate attention and often involve multiple, fast-moving developments where analysis and advice must be given in an urgent manner, with very recourse to precedent or practice.
In 2015, the office played a vital role in the negotiations of the landmark 2030 Agenda for Sustainable Development. In 2018, it provided long-term support to the complex process of negotiating the Global Compacts on Refugees and on the Migration of Persons. It provided dedicated legal support in relation to the adoption and subsequent implementation of Security Council resolutions addressing both the Syrian humanitarian crisis and the situations in Yemen, South Sudan, and Libya. In 2019, it provided legal support to the delegations concerned in the negotiations on the International Legally Binding Instrument on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.
The Office has also been deeply involved in legal matters concerning the United Nations Headquarters in New York, including with respect to the resolution of various inter-state disputes brought against it, including in the International Court of Justice, with its Host Country and with its private providers of goods and services, such as The City of New York.
It has also led the legal support to the host country agreements signed with Romania (2014), Rwanda (2015), Somalia (2016), El Salvador (2017), Myanmar (2017), Mexico (2018), Singapore (2018), and Indonesia (2018), with those with Djibouti and Guyana being at the negotiation and conclusion stage in 2019. These agreements will significantly facilitate the establishment and work of United Nations presences across all global regions and consolidate and give legal certainty to those already in place.
Contact Information and Accessibility
Individuals and entities seeking information regarding the activities of the Office of the Principal Legal Advisor or who wish to access the services offered through this office can contact them at the following:
Department of Homeland Security
Office of the Principal Legal Advisor
26 Federal Plaza
Room 2 North
New York , NY 10278
(212) 264-6000
(212) 264-6108 – fax
Hours of Operation
Monday through Friday
Saturday, Sunday and Federal Holidays – Closed
Appointment Policy
Attorneys-in-Good-Standing are welcome to walk in on Thursdays between the hours of 9:00 am and 12:00 pm.