How Do I Request a Bond for Release from Immigration Detention?

If you or a loved one has been detained by Immigration and Customs Enforcement (ICE), you may be eligible to request a bond for release. A bond is a payment made to the government to ensure that the detained individual will attend all future immigration court hearings. The bond allows the detainee to be released from custody while their immigration case is pending.

Who Qualifies for an Immigration Bond?

Not everyone detained by ICE is eligible for a bond. You may qualify for an immigration bond if:

• You don’t have any significant criminal history;
• You do not pose a danger to the community or national security;
• You are not considered a flight risk due to having strong community ties like family, employment, and a long-term residence in the U.S.

If you are unsure whether you qualify for a bond, an experienced immigration attorney can assess your case and help you navigate the process.

What Is the Process for Requesting an Immigration Bond?

The process for requesting an immigration bond typically involves the following steps:

1. ICE Bond Determination – In some cases, ICE will set a bond amount at the time of detention. If ICE sets a bond and you can afford it, paying the ICE bond is the quickest way out of detention.
2. Bond Hearing Request – If ICE does not offer a bond or if you wish to request a lower bond amount, it is possible to file a request for a bond hearing with an immigration judge.
3. Bond Hearing Before an Immigration Judge – At the hearing, the immigration judge will evaluate your sponsor, criminal record, family ties, length of stay in the U.S., and overall reliability to attend future court hearings to determine if they want to grant a bond. An attorney for ICE can suggest a bond amount or oppose it altogether.
4. Paying the Bond – If a bond is granted, a family member or sponsor can pay the amount at an ICE-designated bond acceptance location. Once the bond is paid and transportation is arranged, you should be released.
5. Attending All Court Hearings – After release on bond, you must attend all scheduled immigration court hearings. Failure to appear can result in bond forfeiture and significant problems with your case, even deportation.

Can an Immigration Bond Be Denied?

Yes, an immigration judge may deny a bond if they determine that you are a danger to the community, a flight risk, or subject to mandatory detention due to certain criminal convictions. In practice, an immigration judge can deny a bond request for almost any reason they want. If your bond request is denied, you may be able to appeal the decision to the Board of Immigration Appeals (BIA) or even to federal court.

What if I can’t afford to pay the bond?

If the immigration judge sets a bond amount that is too high, it is possible to request a bond redetermination hearing. Some nonprofit organizations assist with bond funding and third-party services also exist. Some of these services are set up to be very predatory and expensive, though, so you should take care to deal only with reputable servicers and ensure you understand the terms of the bond loan agreement.

Will I have to wear an ankle monitor?

In some cases, ICE may request or the immigration judge may require the use of an ankle GPS monitor to ensure compliance with and attendance to all future hearings. While this is not preferable, it will sometimes be a requirement to receive bond.

What Should I Do If a Loved One Is Detained?

If a loved one has been detained, it is important to act quickly. Contact an experienced immigration attorney who can assess the case, determine eligibility for bond, and advocate for release. An attorney can also help prepare the necessary documentation to demonstrate that the detained individual is not a danger to the community and is likely to attend all future hearings.

What information do I need?

If possible, before speaking to an attorney try to obtain:

• The detainee’s A-number, a unique 9-digit number for immigrants and their immigration cases
• The detainee’s name, place of birth, and date of birth
• The location the detainee is detained
• Copies of any of the detainee’s identity documents: passport, driver’s license, work permit, etc.

If you or a loved one is facing immigration detention, seeking legal assistance as soon as possible can make a significant difference in securing release and successfully navigating the immigration court process. Contact our office today to discuss your case and learn more about your options for obtaining an immigration bond.