What is form 220b, Order of Supervision?

By Jessica Suotmaa 2

The form 220b is an “Order of Supervision” is a detailed form with instructions on when, how, and how often you have to check in with Immigration and Customs Enforcement (ICE).  The Order of Supervision is handed out to aliens who are released from detention, released from custody, or who are low-risk and therefore not taken into custody as part of the Intensive Supervision Appearance Program (ISAP).

To be “under an order of supervision” is similar to being “on parole” in that the alien who receives it is “charged” with something (usually a crime, such as “unlawful presence”) and “ordered” to obey certain orders.

The Form 220b is for aliens who are in custody or have been ordered removed by an immigration judge during their removal proceedings.

The Order of Supervision is a privilege, or “conditional release”, offered by the government due to their own inability to deport, remove, or detain the alien, thus allowing the alien “to be at large”.

The first page shows how certain conditions apply, such as:

  • To appear when requested at a time and place specified
  • To appear for medical or psychiatric examination if requested
  • To provide information under oath re: nationality, circumstances, habits, associations, and activities deemed appropriate
  • To not travel outside a specific geographic area for more than 48 hours without first having notified ICE with a list of dates and places for “proposed travel”
  • To notify ICE of any changes in employment or residence within 48 hours
  • To report to ICE in person at the designated office
  • To assist USCIS with obtaining any necessary travel documents
  • …and anything else that may apply in your case

The second page has the following:

  • a photo of the alien
  • the alien’s finger print, and
  • a record of each “report” to ICE (date, time, location, officer)

This page must be brought to each visit. Do not lost it.

On the third page, there is a list of additional conditions that may apply in your case, such as:

  • no association with criminals or gang members
  • registration with a substance abuse program and provide ICE with proof
  • registration in a sexual deviancy counseling program and provide ICE with proof
  • registration as a sex offender with the appropriate agency
  • no criminal activity
  • report to parole or probation officer as required within 5 business days
  • follow all mandated reporting and supervision requirements as outlined by the parole or probation officer
  • follow any prescribed doctor’s orders, whether medical or psychological, including taking prescribed medications
  • make good faith and timely efforts to obtain a travel document and assist ICE in obtaining a travel document
  • submit travel document application to all appropriate embassies and consulates and provide ICE with proof of receipt
  • provide ICE with copies of any and all correspondence related to travel document applications from the embassy or consulate
  • contact the embassy or consulate within 21 calendar days to follow up on application
  • comply with any request from embassy or consulate for an interview and make good faith efforts to obtain travel document
  • participate in a supervised release program

It’s important to note that any violations to the terms checked in the Order of Supervision will transfer your case from the “alien monitoring program” to the Detention and Removal Operations (DRO) program.

Once in the DRO program, ICE will notify the alien re: violation and request an appearance.  If the alien does not check in, then “the case will be referred to the local and fugitive unit for immediate action” where the fugitive unit will “locate and apprehend the subject”.  Meaning an “unlawful alien” or illegal immigrant is upgraded to a “fugitive” status where “fugitive operations” can commence.

Contact Lum Law Group with any questions you may still have on the form 220b, Order of Supervision.

References:

ICE Policy Memo: Eligibility Criteria for Enrollment into the ISAP and EMD Programs

http://www.ice.gov/doclib/foia/dro_policy_memos/dropolicymemoeligibilityfordroisapandemdprograms.pdf