When an individual is released from the physical custody of Immigration and Customs Enforcement (ICE), they are issued an order of supervision. It provides officials with a way to track the immigrants, lowering flight risk. The individual will be released with an Order of Supervision to live and work rather than be detained while they await their court hearing or deportation order. The individual is typically required to meet with ICE officials regularly while they await the decision of their case. There are generally specific conditions that the individual must follow, and the waiting period can take months to years before a decision on their case has been made.
Why Would an Individual be Under an Order of Supervision?
An Order of Supervision (OSUP) is an option that is a more reasonable approach than detaining immigrants whose cases are on hold. It allows the individual more freedom than they would have had they been arrested/detained and minimizes the risk of their flight, which is the priority of ICE officials. Once their case is determined or they receive final deportation orders, the OSUP ceases.
Is There an Alternative to the OSUP?
In some cases, immigrants receive an order of Release on Recognizance, Own Recognizance, or Personal Recognizance. These options include posting bail or paying a bond to be released. They are written agreements requiring the immigrant to return for future court appearances and to avoid any criminal or illegal activity in the meantime while their case is determined. Judges will use a Release on Recognizance at their discretion, typically when the immigrant is involved in less-serious crimes like misdemeanors or non-violent infractions. Similar to the OSUP, there are several guidelines that the immigrant must adhere to, such as checking in frequently with ICE officials and limitations on travel.
What are My Options if I Receive Orders of Deportation?
Individuals can file a Stay of Removal, which offers a temporary postponement of removal if approved. It can be filed only after the Final Order of Removal has been issued. Stays of removal are at the judge’s discretion and, in some cases, can be automatic. Each case brings a unique set of details and circumstances, and it is almost impossible to ascertain the following steps until we learn more about your specific case. Immigration attorneys are well-versed in handling these situations and can work together to create a strategy that will best assist you. They can help you gather the required documentation to give you the best opportunity to be granted a Stay of Removal.
Contact my law firm at 407-499-5680 to discuss the specific details of your case and learn how we can work together to provide you with a reasonable solution.