If a family member has been detained by U.S. Immigration and Customs Enforcement, one of the first questions you may have is whether they can be released while their immigration case continues.
In some cases, the answer is yes. A person detained by ICE may be eligible for release on an immigration bond, but eligibility depends on the legal basis for the detention, the person’s immigration history, criminal history, and other circumstances. Not everyone in immigration detention qualifies for a bond hearing.
What Is an Immigration Bond?
An immigration bond is an amount of money that may be required before a detained person can be released from ICE custody while their immigration proceedings continue.
The Department of Homeland Security may initially make a custody determination and set a bond. In certain cases, the detained person can ask an immigration judge to review that decision and determine whether release on bond is appropriate. Bond proceedings are separate from the person’s underlying removal case.
A request for a bond hearing generally does not require a filing fee.
Who May Be Eligible for an Immigration Bond?
Eligibility depends on how the person is being detained under immigration law.
Immigration judges generally have authority to conduct bond hearings for certain people in DHS custody. However, there are important exceptions. For example, immigration judges may lack bond jurisdiction over certain arriving immigrants, individuals subject to particular mandatory detention provisions, and some people detained on criminal or security-related grounds.
Because these rules can be complicated, families should not assume that someone either qualifies or does not qualify for bond based only on the fact that ICE has detained them.
What Does an Immigration Judge Consider at a Bond Hearing?
If a person is eligible for bond, the immigration judge considers several issues when deciding whether release is appropriate.
These can include whether the person may present a danger to people or property, whether they are likely to appear for future immigration court proceedings, and whether there are national security concerns.
Depending on the case, evidence concerning family relationships, employment, residence in the United States, community ties, immigration history, and criminal history may be relevant.
A lawyer can help identify which evidence may be useful and present the circumstances of the case clearly to the immigration court.
Does Getting Bond End the Deportation Case?
No. Release on bond does not resolve the underlying immigration case.
Bond proceedings and removal proceedings are separate. A person who is released from detention must generally continue attending immigration court and defending the underlying case.
This distinction is important. The immediate goal of a bond case may be release from detention, while the broader legal strategy may involve seeking relief from removal or challenging the government’s case.
What If ICE Does Not Set a Bond?
A person may still have options depending on the circumstances.
In cases where an immigration judge has jurisdiction, the detained person can request a bond hearing and ask the judge to review the custody determination. The judge can determine whether the person is eligible for bond and, when appropriate, set or reconsider the bond amount.
However, some categories of immigration detention do not permit an immigration judge to grant bond. Determining the legal basis for detention is therefore one of the first important steps after an ICE arrest.
Speak With an Immigration Lawyer After an ICE Detention
ICE detention can move quickly, and families may be trying to understand several issues at once: where their loved one is being held, whether bond is possible, when the next hearing will take place, and what options may exist to fight removal.
Rebecca Black Law, P.A. represents individuals in deportation and removal proceedings, including immigration court cases and bond hearings.
If someone you care about has been detained by ICE, speaking with an immigration attorney can help determine whether a bond hearing may be available and what steps should be taken to protect the person’s immigration case.
