Question: I was ordered deported, but ICE is not deporting me. Can you let me know what is going on with this situation?
Answer: You are probably on an order of supervision. This is when you are released pursuant to the proper order and you are released pursuant to an order of supervision. The Commissioner, Deputy Commissioner, Executive Associate Commissioner Field Operations, regional director, district director, acting district director, deputy district director, assistant district director for investigations, assistant district director for detention and deportation, or officer in charge may issue an order of supervision on Form I-220, Order of Supervision. This may also be referred to as Intensive Supervised Appearance Program (ISAP).
Question: What does this order of supervision require?
Answer: It is fairly wide-open. However, generally, the order shall specify conditions of supervision including, but not limited to, the following: A requirement that you report to a specified officer periodically and provide relevant information under oath as directed; A requirement that you continue efforts to obtain a travel document and assist the Service in obtaining a travel document; A requirement that you report as directed for a mental or physical examination or examinations as directed by the Service; A requirement that you obtain advance approval of travel beyond previously specified times and distances; and a requirement that the alien provide DHS with written notice of any change of address in the prescribed manner.
Question: Does an order of supervision apply if I committed crimes?
Answer: An alien ordered removed who is inadmissible or who has been determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal, may be detained beyond the removal period and, if released, shall be subject to the terms of supervision.
Question: Can I get employment authorization on an order of supervision?
Answer: Generally, nobody ordered removed shall be eligible to receive authorization to be employed in the United States unless the Attorney General makes a specific finding that you cannot be removed due to the refusal of all countries designated by the alien or under this section to receive the alien, or your is otherwise impracticable or contrary to the public interest.Thus, if you are on an order of supervision, it is likely that you cannot be removed to your home country for some reason. Therefore, you can make the proper application for the work permit while on the order of supervision.
Question: What is the procedure for asking for an order of supervsion?
Answer: First, there should be no significant likelihood of removal. During the custody review process or at the conclusion of that review, you should submit, or the record should contain information providing a substantial reason to believe that your removal is not significantly likely in the reasonably foreseeable future.
Question: What if I don’t comply with the requirements of the order of supervision?
Answer: Anybody who has been released under an order of supervision or other conditions of release who violates the conditions of release may be returned to custody. Upon revocation, you will be notified of the reasons for revocation of his or her release or parole. You will be afforded an initial informal interview promptly after his or her return to Service custody to afford you an opportunity to respond to the reasons for revocation stated in the notification. Release may be revoked in the exercise of discretion when, in the opinion of the revoking official:The purposes of release have been served; You violate any condition of release; It is appropriate to enforce a removal order or to commence removal proceedings against an alien; or your conduct or any other circumstance, indicates that release would no longer be appropriate.
Question: Does it cost anything to get on supervised release.
Answer: It is quite common for a bond to be requested prior to your release.
Question: What are some of the other reasons for Supervised Release?
Answer: ICE release some individuals on orders of supervision under special circumstances, such as when the arrested individual is ill or pregnant, or when the arrested individual is the sole caregiver to his/her children.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
