Immigration Bonds

IMMIGRATION ATTORNEY LAURA LEON

Tens of thousands of immigrants spend months, sometimes years, in ICE detention while waiting for their deportation or removal hearings. Immigration bonds are the key to securing release from ICE custody.

At Laura Leon Law, we can help you understand how immigration bonds work, who qualifies for them, and how the process works in the immigration court system. This guide breaks it all down to help you better understand your options and next steps.

What are Immigration Bonds?

Immigration bonds are a sum of money paid to the U.S. government to secure the release of someone detained by Immigration and Customs Enforcement (ICE).

Once paid, the detainee (noncitizen) can live outside custody if they meet all court-ordered conditions, including attending every court hearing. If you meet your obligations, the bond is refunded after the case concludes.

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Who sets an Immigration Bond?

  1. Bond Set Directly by ICE

Sometimes, ICE sets a bond amount without requiring a court hearing. A U.S. citizen or a green card holder can pay this bond on behalf of the detainee. Once paid:

    • The person is typically released within hours or up to 24 hours.
    • They are required to attend all future court-determined hearings.
    • Meeting all conditions allows the bond amount to be refunded at the end of the case.
  1. Bond Hearing Before a Judge
Immigration Bonds - ICE or Judge - Laura Leon Law

If ICE does not set a bond amount or denies release, a detainee can request a bond hearing with the immigration court. This process often requires legal representation to present a strong case for release. Getting a hearing for immigration bonds can be the first step toward normalcy if you or a loved one is in this situation.

Who is Eligible for a Hearing for Immigration Bonds?

Eligibility to have a hearing for immigration bonds depends on factors like legal status, immigration violation history, or criminal records. To qualify, one of the following must apply to the detainee:

  • You were issued a Notice to Appear for an immigration court hearing.
  • ICE arrested the detainee for an immigration-related violation or misdemeanor.
  • The detainee has a valid visa but was detained under allegations of a criminal offense.

Not everyone in detention qualifies. Some individuals are subject to “mandatory detention,” meaning they cannot pay immigration bonds for their release due to their criminal records, prior deportation orders, or illegal reentry.

Factors that Affect Eligibility for Immigration Bonds

In hearings for immigration bonds, the judge evaluates multiple factors to determine whether the detainee should be released (and at what bond amount). The most common considerations include:

  • Flight Risk: The judge assesses whether the individual will likely attend future court hearings or flee to avoid deportation.
  • Danger to Community: A history of criminal behavior or violent offenses can work against bond approval.
  • Community Ties: Family relationships, stable employment, or proof of strong ties to the local community can positively influence the outcome.  
  • Financial Ability to Pay Bond: Proof of financial stability and ability to pay the bond.  

Evidence that Grants Release from Immigration Bonds

Here’s what often persuades judges to grant an ICE release:

  • Valid passports, green cards, or identification documents.
  • Stable employment proof, such as recent pay stubs.
  • Rental agreements or ownership documents showing residency.
  • Letters of support from family, clergy, or community leaders.
  • Proof of medical conditions or caregiving responsibilities.

Approval can become more difficult without robust evidence. We highly recommend that you seek an experienced attorney for immigration bonds and gather compelling evidence for your release.

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What Happens at a Hearing for Immigration Bonds?

At the bond hearing, the immigration judge listens to arguments from your attorney and ICE officials to decide:

  1. Whether you are eligible for release.
  1. What bond amount, if any, applies to your case.

The judge may approve the release and set a bond amount or deny the bond if mandatory detention applies.

When a judge grants immigration bonds, the obligor (the person paying the bond) must post a bond with the U.S. Department of Homeland Security (DHS) for the detainee’s release.

Immigration Bonds - Inside an Immigration Bond Hearing - Laura Leon Law

How Does the Process for Immigration Bonds Work?

Once a bond is approved, here’s what happens:

  1. Posting the Bond
    • The obligor (a U.S. citizen or green card holder) pays the bond to ICE or DHS offices.
    • Payment must occur during designated hours (Monday through Friday, 9 AM to 3 PM). Delays outside these hours push processing to the next business day.
  1. Release Process
    • After payment, ICE releases the detainee from custody, typically within hours.
    • The detainee must strictly adhere to all court conditions while out on bond.
  1. Post-Release Requirements
    • Attend every immigration court hearing.
    • Comply with any ICE or DHS check-ins or supervision orders, which may include electronic ankle monitors or in-person reporting.
    • Meet all conditions until the case is resolved conclusively.

Failure to meet these responsibilities can result in bond forfeiture and further legal complications—including deportation.

DETAINED BY ICE?

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Being in ICE detention can be a frightening and lonely experience. At Laura Leon Law, we help clients nationwide and focus on securing their release from ICE custody as quickly and effectively as possible.

Let us guide you through the process, protecting your rights every step of the way. You may request a free consultation to discuss your case and learn your options.

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