If the U.S. Immigration and Customs Enforcement (ICE) releases a non-citizen from detention, the person may not have to be deported immediately. Instead, they may be placed under something called an Order of Supervision (OSUP). The OSUP allows them to remain in the United States for a period of time.
Here’s what you should know about Orders of Supervision and who qualifies for one.
Understanding Orders of Supervision
An OSUP is a legal document that’s issued by ICE. Officially, it’s the government allowing non-citizens to remain in the United States while awaiting final deportation orders. Its purpose is to keep tabs on immigrants and minimize flight risk.
Rather than having to spend their days in a detention facility, the person is allowed to stay at home. They can work, attend church, spend time with their families, and generally live their lives in the United States until their case is decided. This could take months or even years.
Orders of Supervision Come With Conditions
A person subject to an Order of Supervision is free while their case is being decided. However, for some, it can feel almost as confining as being stuck in detention. That’s because there are strict conditions that come with the OSUP. These vary depending on the individual case, but may include:
- Meeting regularly for check-ins with an ICE representative
- Wearing an electronic monitor
- Asking in advance every time you travel or move
- Notifying ICE if you change jobs
- Being prevented from contacting certain people
- Being prevented from having a gun or other dangerous weapons
What Happens if You Violate the Conditions of Release?
Violating these conditions comes with serious risk. ICE may take you into custody and detain you until your removal proceedings are complete. What’s more, you could become ineligible for a stay of removal or other forms of relief from deportation.
If you are unable to attend an appointment, you should contact ICE as soon as possible before you miss it. You may be able to make arrangements to check in by phone or video conference.
If you’ve run into problems with the conditions of your release, talk with a lawyer about the best action to take. An experienced immigration attorney may be able to help you get conditions adjusted or removed.
Who Is Eligible for an Order of Supervision?
Orders of Supervision are typically given to people who have been detained and released by ICE. Typically, they have humanitarian reasons for staying in the United States. They may be pregnant, be the primary caregiver for a child, or have a serious medical condition. OSUPs may also be issued when a person’s home country refuses to accept them.
To Learn More About Orders of Supervision, Talk With a Lawyer
Are you searching for the best way to learn how Orders of Supervision might apply in your case or that of a loved one? Talk with an experienced immigration attorney. Call Mark E. Jacobs at 972-445-7577 or contact him online to get started.
