The U.S. Immigration and Customs Enforcement (ICE) has delegated to the heads of its local offices the authority to revoke the freedom of certain immigrants with final deportation orders who remain in the country under supervision.
The decision is outlined in the Order of Delegation DO99-004, issued and in effect since June 10, 2026, which the American Immigration Lawyers Association (AILA) published on October 29.
The provision affects individuals released under supervision orders (OSUP), including immigrants who have a final deportation order but remain in the United States while their removal is not executed.
These situations may include Cubans who are under immigration supervision.
Who can revoke supervised release?
The order, signed by Marcos D. Charles, interim executive associate director of Enforcement and Removal Operations (ERO), delegates authority to the local field office directors (FOD), their deputies (DFOD), and the assistant field office directors (AFOD).
These officials can exercise the revocation authority corresponding to the executive associate director of ERO, within the conditions established by federal regulations.
The order specifies that these powers cannot be delegated again to officials of lower rank.
The document also states that the delegation will remain in effect until it is revoked and that the associate executive director retains their own authority to intervene and direct subordinate officials.
Two categories of immigrants with different rules
DO99-004 distinguishes two legal situations in which supervised release may be revoked.
The first refers to individuals released after less than 180 days of detention following a deportation order, in accordance with 8 C.F.R. § 241.4.
In these cases, authorized officials may revoke the freedom if they believe that the purpose of the release has been achieved, that the immigrant has violated any conditions, that it is appropriate to execute a deportation order or initiate immigration proceedings, or that their behavior or other circumstances render the release no longer suitable.
The second category includes individuals who have been released in accordance with 8 C.F.R. § 241.13, after it has been determined that there is not a significant likelihood of deportation in the reasonably foreseeable future.
For this second group, the order includes two reasons for revocation: the violation of the conditions of release or a change in circumstances that allows for the determination that deportation is indeed reasonably foreseeable.
Therefore, the order does not establish an automatic revocation of all supervised liberties.
Officials must act within the parameters corresponding to each legal regime.
What does it mean for Cubans under ICE supervision?
The delegation may be relevant for Cuban citizens who have final deportation orders and remain in the United States under immigration supervision, including those using Form I-220B.
The possibility of revoking your freedom depends on the legal basis for your release and the specific circumstances of each case.
Not all individuals under a supervision order are subject to the same grounds for revocation.
The document does not announce a detention operation, does not order the collective revocation of supervised releases, nor does it establish that all immigrants with an I-220B must return to detention centers.
Its administrative effect consists of allowing certain local ERO officials to make revocation decisions without requiring the executive associate director to personally exercise that authority in each case.
The order also does not eliminate the guarantees and procedures established in the applicable federal regulations for the revocation of supervised release.
Immigrants who have questions about the basis of their release, their supervision obligations, or the consequences of a potential revocation should consult with an immigration attorney.
Related videos:
Filed under: