The U.S. Immigration and Customs Enforcement (ICE) has granted local office leaders the power to revoke the supervised release of certain immigrants who have final deportation orders but remain in the country under supervision.
This decision is outlined in Delegation Order DO99-004, which has been effective since June 10, 2026, and was made public by the American Immigration Lawyers Association (AILA) on October 29.
The directive affects individuals released under Orders of Supervision (OSUP), including those who have final deportation orders but are still present in the United States due to the delay in executing their removal. This can include Cuban nationals under immigration supervision.
Authority to Revoke Supervised Release
The order, signed by Marcos D. Charles, the acting executive associate director of Enforcement and Removal Operations (ERO), delegates authority to Field Office Directors (FOD), their deputy directors (DFOD), and assistant field office directors (AFOD).
These officials can exercise the revocation powers typically held by the executive associate director of ERO, following the guidelines set by federal regulations. Importantly, these authorities cannot be further delegated to lower-ranking officials.
The document states that this delegation will remain in effect until it is rescinded, although the executive associate director retains the ability to intervene and guide subordinate officials.
Different Legal Scenarios for Revocation
Delegation Order DO99-004 identifies two legal scenarios for revoking supervised release.
The first scenario involves individuals released after less than 180 days of detention following a deportation order, as per 8 C.F.R. § 241.4. In these instances, authorized officials can revoke release if they determine the release has served its purpose, the immigrant has violated a condition, it is appropriate to execute a deportation order or commence immigration proceedings, or if behavior or other circumstances render continued release inappropriate.
The second category includes individuals released under 8 C.F.R. § 241.13, where there was no significant likelihood of deportation in the foreseeable future. For this group, revocation can occur due to non-compliance with release conditions or if circumstances change such that deportation becomes reasonably foreseeable.
Thus, the order does not mandate automatic revocation of all supervised releases. Officials must act according to the legal framework applicable to each case.
Impact on Cuban Nationals Under ICE Supervision
This delegation may significantly impact Cuban citizens with final deportation orders who remain under immigration supervision in the U.S., including those using Form I-220B. Whether their supervised release can be revoked depends on the legal basis for their release and the specifics of their individual case.
Not all individuals with an order of supervision are subject to the same revocation criteria. The order does not announce a detention operation, does not require collective revocation of supervised releases, nor mandates that all immigrants with I-220B return to detention centers.
The administrative effect allows certain ERO local leaders to make revocation decisions without needing the executive associate director to exercise this power personally in each case.
The order also maintains the guarantees and procedures established in federal regulations that apply to the revocation of supervised release.
Immigrants with questions about the basis of their release, supervision obligations, or potential revocation consequences should seek advice from an immigration attorney.
Understanding ICE's Supervised Release Changes
Who has the authority to revoke supervised release under the new order?
Local field office directors, their deputies, and assistant field office directors have been empowered to revoke supervised release, according to the new directive by ICE.
Does the order affect all immigrants under supervision?
No, the order does not mandate automatic revocation of all supervised releases. It depends on the legal circumstances of each case and the specific conditions of release.
What should immigrants do if they have concerns about their status?
Immigrants should consult with a specialized immigration attorney to understand their release basis, supervision obligations, and the implications of any potential revocation.