OSUP: The Grim Reality of Orders of Supervision

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If you were at some point detained and thereafter released, you may have been given an order of supervision. An order of supervision (or “OSUP” for short) is sometimes given to individuals waiting for a court hearing, or even under the unfortunate circumstance of receiving an order of removal. The reasons for issuing an OSUP or for delaying deportation vary from case-to-case. Sometimes, for one reason or another, the government does not want to or cannot enforce an order of removal at that time. An order of supervision does not necessarily mean you will be deported when you show up for your scheduled appointment, but it certainly does not mean you are safe from deportation. The OSUP process is dystopian by nature. That is, an individual with an OSUP shows up on the scheduled date and waits in a packed room with dozens of others waiting to learn their fate. People are gradually called into a back room to check-in with an officer. Some come back out, some do not. Even if you are allowed to remain in the country following a scheduled check-in, there are hosts of reports of ICE agents taking persons into custody in-between check-ins.

As part of its deportation machine, the Trump administration is specifically targeting individuals on orders of supervision, even people who have previously been determined to have compelling humanitarian equities warranting deferred action on their removal. In addition, reporting requirements at the OSUP check-ins have grown more burdensome under the current administration. People can be detained by ICE at their scheduled OSUP check-ins without being given any warning or opportunity to develop travel plans or family arrangements. After an individual is taken, they are thereafter quickly deported by the government.

An order of supervision is extremely serious, and now more than ever we strongly recommend hiring a knowledgeable and experienced immigration attorney to guide you. There are several things that our attorneys can help you with to increase your chances of success, including filing for a stay of deportation or deferred action. A good application will have strong humanitarian arguments as to why the individual under order of supervision should be allowed to stay in the country. These humanitarian reasons can include, but are not limited to: medical issues(for either you or a family member dependent on you for support), family ties, length of time in the United States, and lack of criminal history. Because the ERO Officer reviewing the application has broad discretion to grant or deny the same, the reasons warranting a stay in removal need to be well documented and formatted persuasively by an immigration attorney. At Kuck | Baxter Immigration, we have extensive experience and a track record of success in representing individuals during this trying and stressful process.

About the Author

Phil Kuck

Associate Attorney

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