Supervision Order
Order of Supervision
U.S. immigration law is very complicated, especially when it seems simple. Non-citizens who have violated U.S. immigration law or who have committed certain criminal acts (even small ones) that subject them to deportation (or "removal") are, in most cases, placed into "removal proceedings," in which the government seeks to have an immigration judge issue a "removal order." At the start of removal proceedings, Immigration and Customs Enforcement (ICE) determines whether the non-citizen should be detained or released, sometimes on bond. If ICE chooses to release the person, he or she may be placed on an "Order of Supervision," which typically directs the non-citizen to check in with ICE every few months.
If the immigration judge orders the noncitizen removed at the conclusion of the proceeding, the removal order will become “final” if the noncitizen chooses not to appeal the case or the appeal is ultimately denied. The next step after a “final removal order” is typically physical removal: ICE will “execute the removal order” by detaining the noncitizen and holding him or her until he or she arranges for a flight or ground transportation back to that noncitizen’s country of removal. In most cases, a departure from the United States after a removal order creates a 10-year barrier to reentry, effectively ending that noncitizen’s life in the United States for at least a decade.
However, sometimes a “final removal order” is not the end of the line. In some cases, ICE may decide not to enforce a final removal order and instead issue an “Order of Supervision.” A “post-removal order” supervision order may be issued in limited circumstances, such as when ICE determines that the individual cannot be removed due to their country refusing to accept them, or when it is impracticable or contrary to the public interest to remove the individual. An order of supervision is considered a “humanitarian act” by ICE and may be available if the non-citizen is the primary caregiver for a child with a medical condition, or if they themselves are receiving medical treatment for a serious condition, etc. The Order of Supervision will direct the non-citizen to report to regular ICE check-ins, usually every few months and at least once a year.
ICE can be asked to grant a Post-Warrant Order of Supervision by filing a Form I-246 “Application to Withhold Deportation” and providing documentary evidence showing the reasons why the noncitizen deserves humanitarian consideration. A Post-Warrant Order of Supervision can be used to apply for employment authorization or a “work permit.” Those under an Order of Supervision cannot travel outside the U.S., but are generally permitted to remain in the U.S. to live and work as long as they continue to comply with their ICE records.
To arrange an initial consultation regarding your immigration matter, please contact us at: (786) 699-7031