Accurate as of November 3, 2026
Many people live in the United States for years with a final order of removal that the government has not carried out. They are released on an order of supervision, often called an OSUP, and report to ICE on a schedule. For nationals of countries that rarely accept removals, the check-in can become a routine part of life.
A document ICE has now posted in its FOIA library changes who can end that routine. Enforcement and Removal Operations Delegation Order DO99-004, in effect since June 10, 2026 and published by AILA on October 29, 2026, gives Field Office Directors, Deputy Field Office Directors and Assistant Field Office Directors the authority to revoke the release of people on orders of supervision. According to reporting on the order, it was signed by the interim Executive Associate Director of ERO and may not be delegated below those three levels.
Why the delegation matters
The rules on revocation are in two regulations:
- 8 CFR 241.4(l) covers people released after a review of their custody. Under subsection (l)(2), release may be revoked when the purposes of release have been served, a condition was violated, it is appropriate to enforce the removal order, or the person's conduct or other circumstances make release no longer appropriate. The regulation assigns that power to a senior headquarters official and allows a district director to act only when revocation is "in the public interest and circumstances do not reasonably permit referral."
- 8 CFR 241.13(i) covers people released because there was no significant likelihood of removal in the reasonably foreseeable future. Release may be revoked for a violation of conditions, or if ICE "determines that there is a significant likelihood that the alien may be removed in the reasonably foreseeable future."
The delegation moves the decision to the people who run the local field office, the same office that runs the check-ins. In practice, that means a revocation can be decided quickly and locally, without a separate headquarters review of each case.
What did not change
The order does not rewrite the regulations, and it does not announce any mass operation. Every revocation still requires, under both regulations:
- Notice of the reasons. "Upon revocation, the alien will be notified of the reasons for revocation."
- A prompt informal interview after return to custody, at which the person may respond.
And the constitutional limit remains. Under Zadvydas v. Davis, 533 U.S. 678 (2001), post-order detention is limited to a period reasonably necessary to bring about removal. A person re-detained when there is still no realistic prospect of removal can challenge the detention in federal court by habeas petition.
How to prepare for the next check-in
- Know which regulation you were released under. Your release paperwork (often Form I-220B) and any custody review decision say so. The grounds for revocation differ.
- Keep a complete record of compliance: every check-in date, address change filings, employment, taxes, and any conditions such as travel limits.
- Ask a lawyer before the appointment whether anything has changed in your case, including a new travel document request from ICE or improved relations with your country, which is the kind of change ICE could cite.
- Bring a lawyer's contact information and a G-28 if you have counsel, and make sure a family member knows the time and place of the appointment.
- If someone is re-detained, ask for the written reasons, prepare for the informal interview, and call counsel immediately to evaluate a habeas petition. Act quickly, because detainees can be transferred to facilities in other states.
If you or a family member reports to ICE under an order of supervision, call Samper Law at (781) 321-3700. We handle detention and habeas matters and consult in English, Spanish and Portuguese.
Frequently asked questions
Reviewed November 12, 2026
What is an order of supervision?
A supervised release arrangement used for certain people with a final order of removal that has not been carried out. They report to ICE on a schedule; the arrangement is often called an OSUP. Not everyone with an unexecuted removal order receives one.
For what reasons can ICE revoke release on an order of supervision?
It depends which regulation applies. Under 8 CFR 241.4(l), release can be revoked when its purposes have been served, a condition was violated, it is appropriate to enforce the removal order, or release is no longer appropriate. Under 8 CFR 241.13(i), revocation requires a condition violation or, based on changed circumstances, a significant likelihood of removal in the reasonably foreseeable future. The person must be told the reasons and given a prompt informal interview.
Sources
- ICE Enforcement and Removal Operations Delegation Order DO99-004, as posted to the ICE FOIA library and summarized in AILA Doc. No. 26102904 (Oct. 29, 2026); additional details as reported by CiberCuba (Oct. 30, 2026).
- 8 CFR 241.4(l) and 241.13(i).
- Zadvydas v. Davis, 533 U.S. 678 (2001).
General information, not legal advice. Reading this article does not create an attorney client relationship.
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