Trial Attorney - Office of Immigration Litigation

Overview

The Office of Immigration Litigation (OIL) is responsible for the nationwide coordination of all civil immigration litigation before federal circuit courts of appeals and nearly all litigation in the district courts. OIL is comprised of more than 360 attorneys, litigation support, and administrative professionals. The office is led by a Director, three Deputy Directors, and one Associate Director, along with a dynamic group of attorney managers.

Trial Attorney responsibilities primarily involve coordinating with the agency clients; crafting litigation strategy; conducting necessary pre‑trial work; drafting all complaints, motions, answers, and briefs; participating in hearings, oral arguments, and court‑ordered discussions; engaging in settlement talks to advance the government’s interests; making determinations about whether to seek panel, en‑bane, or Supreme Court/cert. review of adverse decisions and substantially participating in further review briefing and argument;

and handling attorney’s fees litigation. OIL’s Trial Attorneys likewise contribute significantly as expert consultants on immigration‑related inquiries from Congress and the Department.

OIL’s district court litigation often involves high‑profile matters, frequently entails short‑fuse/emergency, fast‑paced temporary restraining order litigation, and ordinarily requires analyzing substantially complex immigration, administrative, statutory interpretation, and constitutional law issues and principles. In contrast, OIL’s appellate court litigation entails responding to motions for stays of removal, filing motions for summary affirmance or dismissal, drafting complex appellate briefs, and appearing for oral arguments throughout the nation.

Some examples of the Office’s current and anticipated litigation include: defense of challenges to the expansion of streamlined expedited removal procedures implicating border security; increased defense of review petitions in the federal courts of appeals stemming from a substantial backlog of immigration court cases and expansion of interior enforcement efforts that raise novel, difficult issues about criminal and other removal grounds, asylum and protection law, and the availability of relief under the immigration statute;

defense of the Administration’s immigration initiatives reflected in recent Executive Orders such as efforts designed to secure the border, in partnership with other Division components; defense of habeas petitions challenging immigration custody and immigration detainers, particularly under the recently‑enacted Laken Riley Act; litigation involving the administration of temporary employment authorization, foreign worker and investor programs; investigation and litigation of civil actions to revoke naturalization;

and defense of mandamus litigation involving alleged delay of agency action and that has increased dramatically over the last several years.

Given the Administration’s prioritization and focus on immigration enforcement (reflected in part by several immigration‑related Executive Orders signed by the President since January 20), OIL’s workload is expected to increase dramatically across most of these categories. The organization works closely with United States Attorney’s Offices on immigration related matters, and OIL provides support and counsel to all federal agencies involved in the admission, regulation, and removal of noncitizens under our immigration and nationality statutes, as well as related areas of border enforcement and national security.

This is not a remote location position. You will be required to work in person five days a week.

• Must be a U.S. Citizen or National
• Selective Service Registration is required, as applicable
• May require completion of a 2‑year trial period. (Please refer to the trial period statement under Qualifications.)
• Must be able to successfully complete a background investigation and may be required to obtain a clearance.
• It is the policy of the Department to achieve a drug‑free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.
• Financial Disclosure:
  If selected, you will be required to disclose financial information in accordance with DOJ and Federal ethics guidelines.