The U.S. Immigration and Customs Enforcement (ICE) uses order of supervision (OSUP) tools to monitor and track undocumented immigrants living in the U.S. who are not being detained while awaiting their court date or final deportation order. ICE considers these orders to be humanitarian in nature, as they are often granted to individuals who have children to care for, or who have medical needs that make it difficult for them to be held in detention. By using an Order of Supervision, ICE can monitor the whereabouts and activities of individuals while their case is being processed. In this way, ICE ensures that individuals are complying with the terms of their release and that they are following the conditions set by the immigration authorities.
Individuals may be required to comply with certain conditions if they are under an Order of Supervision. This can include regular check-ins with ICE, reporting any change of address, or attending immigration hearings. The specific conditions for everyone may vary depending on their circumstances and ICE’s discretion. ICE may also use various monitoring methods to ensure compliance, such as phone check-ins, and in-person visits. Individuals must also enroll and participate in the U.S. Department of Home Security’s Alternatives to Detention (ATD) program, which will require them to wear electronic monitoring devices such as ankle bracelets and follow a curfew if required. Individuals under Order of Supervision may also have to report for medical or psychiatric testing and only travel within the geographic boundaries established by ICE. These measures are used to ensure that individuals do not abscond or pose a risk to public safety.
It is vital for individuals to ensure that they comply with an Order of Supervision if they are engaged in immigration proceedings. Failure to comply with the conditions noted in the order can result in legal consequences, including fines, arrest, detention, or even the initiation of removal proceedings. An Order of Supervision also does not grant any legal immigration status, as it is only a method for ICE to monitor individuals and ensure their compliance while their case is being processed.
As restrictive as it may be, an Order of Supervision is a better option than receiving a final deportation from ICE. An Order of Supervision can also remain in place for months or years if an individual is successfully complying with their release. Once the order has reached its deadline, they are supposed to be deported within 90 days. However, due to often limited resources, it may actually take much longer for ICE to actually execute the deportation.
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