Section 2: Orders of Supervision Orders of Supervision (OSUP) are regulated forms of release from detention used for certain qualifying non-U.S. citizen individuals who cannot be removed from the United States in a “reasonable” time.204 OSUP are envisioned as a limited release program for individuals who have been in detention beyond the statutory 90-day removal period with no possibility of removal, who are a low flight risk, and who are not considered a danger to the community. As discussed above, because stateless persons have no country that recognizes them as their citizen, they cannot obtain travel documents to facilitate removal. Under these circumstances removal is exceedingly unlikely, and frequent OSUP reporting requirements can be at once particularly burdensome on the stateless person and less valuable from a law enforcement perspective. ICE holds the discretion to reduce the conditions of an OSUP depending on the circumstances of the individual.205 If a stateless person is required to report more frequently, she may request that the local ICE Field Office reduce her reporting requirement to once a year. In preparing such a request, consider including: 1) A history of the individual’s compliance with any current or previous reporting requirements. This may make note of the fact that the individual did not intentionally fail to depart, but rather as a stateless person, is and was unable to obtain valid travel documents. 2) An explanation of what it means to be stateless, particularly addressing the prioritization of resources. The fact that a stateless person (by virtue of their lack of a nationality) cannot be removed is another persuasive aspect of a request to reduce reporting requirements. Thus, evidence of an individual’s statelessness status, including any determination by UNHCR or another authority, may be helpful to include. This is also related to why a stateless individual may not fall under one of ICE’s identified enforcement and removal priorities. 3) Changes to the individual’s case: If there has been no change to the individual’s status as a stateless person, a reduced reporting requirement could save ICE time and resources. Practice Point ICE/ERO leadership has asked that any request for changes in orders of supervision for stateless individuals be first sent to the Regional Public Liaison for the area in which the individual reports. If no resolution is reached at the field level, contact ERO via email at ERO.INFO@ice.dhs.gov or by calling the ICE Detention and Reporting and Information Line (1-888-351-4024). OSUP are governed by INA §241, 8 U.S.C. §1231, and 8 C.F.R. § 241.5. See UNITED STATES DEPARTMENT OF STATE, BUREAU OF POPULATION, REFUGEES AND MIGRATION, U.S. COMMEMORATIONS PLEDGES – AN UPDATE (June 24, 2013), available at https://20092017.state.gov/j/prm/releases/factsheets/2013/211074.htm (“In response to UNHCR’s request to tailor reporting requirements for stateless aliens to their individual circumstances and risk, ICE issued new reporting guidance to all ICE ERO Field Office Directors on August 23, 2012. Effectively immediately, ICE ERO Field Offices are authorized to use discretion in establishing reporting requirements of aliens released on an Order of Recognizance or Order of Supervision. The guidance states that each alien’s case and reporting requirements may be reassessed and modified based on the alien’s level of compliance, ICE’s detention enforcement priorities, or changes to the circumstances of the individual case as a matter of discretion. At a minimum, however, aliens released on an Order of Recognizance or Order of Supervision must report at least once per year. This guidance supersedes the Victor X. Cerda memorandum on Orders of Supervision dated November 12, 2004.”). 204 205 48