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What Is an Order of Supervision?
If you were in the custody of Immigration and Customs Enforcement (ICE) and were later released at the conclusion of your hearing, you may have been issued an order of supervision. The order allows a detained immigrant to be released on certain conditions, including periodic check-ins with immigration officers.
Also referred to as ICE Form 220b, immigration authorities use the order of supervision to reduce the flight risk that a released detainee poses. Furthermore, they use it to keep tabs on certain detainees so that the I.C.E. can remove them promptly if required.
This means that people facing deportation orders can be deported at any point while under an order of supervision. Depending on I.C.E’s discretion, they may be removed from the country in between check-ins.
Most detainees prefer being issued orders of supervision to being held in custody, as there is still some limited freedom. However, some released detainees find the restrictions imposed on them to be just as restrictive as physical detention.
Who Can Be Given an Order of Supervision?
The following people can expect to be given an order of supervision:
- People who have received a final order of deportation.
- Aliens whom the ICE cannot deport, e.g., stateless individuals.
- Individuals waiting for a final order of deportation.
Not all individuals in the above groups will be given an order of supervision. ICE typically grants orders of supervision on humanitarian grounds. Therefore, they may consider VAWA applicants, detainees who are primary caregivers to individuals outside detention or who have severe health conditions that need medical treatment.
Also, people detained and then released while still in deportation proceedings may be granted an order of release on recognizance. This allows them to be released while the case’s conclusion is pending on the condition that they report for all their hearings and interviews and meet other relevant criteria. This order is referred to as I.C.E. Form I-220A.
How Long Will I Be on Order of Supervision?
The length of time you will be required to remain on the order of supervision varies depending on a few factors. The duration of the order may depend on your case and the I.C.E.’s discretion. Additionally, it can depend on whether you are already in deportation proceedings or still awaiting such proceedings.
In some cases, the order of supervision can be lifted by a judge if you are pursuing an immigration law relief or appeal. It is best to consult with an experienced immigration attorney about the specifics of your case and what remedies may be available to help you resolve your immigration issues.
Order of Supervision Restrictions
The specific conditions attached to a person’s order of supervision differ with each immigration case. However, requirements may include the following:
- Having to periodically physically report to an immigration officer.
- Needing permission to move around or travel. Released detainees may also require permission to obtain travel documents.
- Being mandated to inform immigration authorities of any changes in personal information like a change of address, name, phone number, employment, etc.
- Being prohibited from possessing any firearm or dangerous weapons.
- Being required to wear a GPS tracker at all times.
If you find that the restrictions in your order of supervision are too tight and causing you significant inconvenience, reach out to an immigration lawyer skilled in immigration appeals and bonds. They may be able to file a motion with an immigration judge to adjust the conditions of your order.
At ATT LAW, we have an experienced team of immigration attorneys dedicated to making sure you can abide by the terms of your order of supervision. Our attorneys will ensure that the order of supervision is fair and accommodates your obligations as an immigrant living in the United States.
Benefits of an Order of Supervision
Despite the restrictions an order of supervision imposes on individuals, it also grants certain benefits they cannot enjoy in detention. Some of them include the following:
- Ability to file for employment authorization by filling out and submitting Form I-765 to the US Citizenship and Immigration Services.
- More time to apply for a valid visa enabling one to stay in the US
- Access to family and loved ones
- Ability to make money and save up while waiting for a decision on one’s case.
- Freedom to visit a qualified lawyer in whatever city one may live, e.g., an immigration attorney in Texas for those living in Texas.
If you play your cards right, an order of supervision may grant you the freedom to take charge of your immigration case and fight successfully to remain in the United States. However, it starts with hiring a good lawyer with the necessary skills, experience, and tenacity to fight on your behalf.
Application for a Stay of Deportation or Removal
At ATT LAW, we have an experienced team of immigration attorneys dedicated to making sure you can abide by the terms of your order of supervision. Our attorneys will ensure that the order of supervision is fair and accommodates your obligations as an immigrant living in the United States.
What Is a Final Order of Removal?
ICE typically issues orders of supervision to immigrants awaiting their final order of deportation. Once an order of removal is final, ICE is supposed to remove you within 90 days, although this is barely the case due to limited resources. Therefore, it is crucial to understand when an order of removal becomes final. An order of removal becomes final in the following circumstances:
- When the Board of Immigration Appeals dismisses an appeal.
- Where the respondent waives their right to appeal or files an appeal too late (more than 30 days after the initial order).
- If the immigrant fails to leave the country within 60 days (or some other specified period) of being granted voluntary departure.
- If the immigration judge issues the removal order in the respondent’s absence.
Form I-246
Individuals who have been given a final order of removal may still be able to remain in the U.S. temporarily by obtaining a stay of removal. This administrative relief grants an individual with a deportation order the freedom to stay in the U.S. for a fixed period before their removal order is enforced.
Individuals who have been given orders of supervision and are awaiting deportation may file Form I-246, Application for a Stay of Deportation or Removal with the I.C.E. The Secretary of Homeland Security generally decides on the application’s approval, which cannot be appealed.
To file this form, individuals can download it from the I.C.E. website and fill it out appropriately. They then need to file it along with supporting documents like a valid passport, other identity documents, and a summary of why they are requesting the stay. If the request is due to medical issues, the individual may need to attach relevant medical documents and reports as evidence.
ICE accepts the filing of this document at any Enforcement and Removal Operations (ERO) field office near the applicant’s residence.
Do You Need Help?
Hiring a Texas order of supervision attorney may be just what you need to win your battle with US immigration. An experienced immigration attorney can help you avoid deportation and defend you in your court hearing while you are under such an order.
They may also be able to help you reduce the stringency of your order of supervision. If you have found yourself in the tricky and scary hands of the I.C.E. and are facing imminent deportation, immediately contact Andrew T. Thomas, Attorneys at Law!
You get a free first consultation with a deportation defense lawyer, a helpful and knowledgeable staff team, and swift action on your case.
