Answer By law4u team
An Order of Supervision (OSUP) is a directive issued by U.S. Immigration and Customs Enforcement (ICE) that allows certain detained immigrants to be released from detention while they await the outcome of their immigration proceedings or deportation process. The order places the individual under supervision and requires them to comply with specific conditions, such as regular check-ins with ICE, residence at a designated address, or other requirements. This form of release allows the immigrant to remain in the community while their case progresses.
Key Features of an Order of Supervision:
Conditions of Release: When an immigrant is granted an Order of Supervision, they must adhere to several conditions. These conditions may include:
- Reporting regularly to ICE (typically on a monthly basis).
- Notifying ICE of any changes in address or contact information.
- Avoiding criminal activity or law violations.
- Restricting travel to certain areas or requiring permission for travel outside the designated region.
Non-Detention Status: Unlike detention, an Order of Supervision allows the individual to live outside of immigration detention facilities, but they must remain under the monitoring of ICE. This is an alternative to being held in detention while awaiting deportation or immigration hearings.
Supervision by ICE: ICE is responsible for monitoring the individual’s compliance with the terms of the Order of Supervision. ICE agents may conduct check-ins to ensure the immigrant is following the conditions of the order. If the individual violates the terms, they may face re-arrest or further legal consequences.
No Guarantee of Permanent Relief: An Order of Supervision does not grant permanent legal status or relief from deportation. It is simply a way for the individual to remain in the U.S. while awaiting their immigration proceedings or resolution of their case. The immigrant may still be subject to removal proceedings if they are found to be ineligible for relief or deportation.
Eligibility for an Order of Supervision: An Order of Supervision may be granted to immigrants who are in detention and are awaiting removal but are considered to not pose a flight risk or danger to the community. Certain factors, such as family ties in the U.S., the severity of their immigration violation, or medical conditions, may influence ICE’s decision to issue an OSUP.
Release with Conditions: An immigrant released on an Order of Supervision may be required to pay a bond or provide a guarantee of compliance with the terms. If the immigrant violates any condition, ICE may revoke the order and place the individual back in detention.
Legal Actions and Protections:
Right to Request an Order of Supervision: Detained immigrants who are eligible for an OSUP can request it through their attorney or directly from ICE. While not all individuals qualify, those who are deemed low-risk may be considered for release under supervision.
Appeals and Review: If an immigrant is denied an Order of Supervision, they may seek a review of the decision through the immigration court system or through ICE channels. Legal counsel can assist in filing appeals and advocating for release on supervision.
Alternatives to Detention: The Order of Supervision is part of a broader set of alternatives to detention (ATD) that ICE may use, including ankle monitoring or electronic tracking, to ensure compliance while reducing the need for physical detention.
Example:
A 30-year-old man from Guatemala is detained by ICE after overstaying his visa. His attorney requests an Order of Supervision because he has family in the U.S. who can provide support, and he poses no risk to the community. ICE grants the Order of Supervision, and he is released from detention with conditions to report to ICE every month and notify them of any address changes. While his case is pending, he follows all the terms, awaiting a final decision from the immigration court regarding his deportation or eligibility for relief.
