Tens of thousands of immigrants spend months, sometimes years, in ICE detention while waiting for their deportation or removal hearings. Immigration bonds may be available to secure release from ICE custody.
At Laura Leon Law, our immigration bond lawyer can help you understand how immigration bonds work, who qualifies for them, and how the process works in the immigration court system. Request a free consultation to better understand your options and next steps.
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 release conditions, including attending every court hearing. If you meet your obligations and the bond is cancelled, the bond may be refunded after the case concludes.
An immigration bond does not end the underlying immigration case. It simply allows the individual to leave detention while their immigration proceedings continue, assuming they comply with the conditions of release. Whether immigration bail bonds are available depends on the legal basis for detention and the circumstances of the specific case.
Depending on the circumstances of the case, the following authorities may set an immigration bond:
1. Bond Set Directly by ICE
Sometimes, ICE sets a bond amount without requiring a court hearing. An eligible person or organization can pay this bond on behalf of the detainee. Once paid:
2. Bond Hearing Before a Judge
In some cases, a person detained by ICE can ask an immigration judge to review the custody determination. In these immigration bond hearings, the judge may decide whether the person is eligible for bond and sometimes redetermine the bond amount. Immigration bond hearings are separate from the removal proceedings.
Requests for immigration bond hearings may be made orally or in writing. There’s no filing fee for this request. Immigration judges do not have bond jurisdiction in all detention cases, so determining hearing availability with an immigration bond lawyer is important.
Not everyone detained by ICE is eligible for an immigration bond hearing before an immigration judge. Eligibility may depend on the legal basis ICE used to detain the person and the specific facts of their case. Some categories of detainees are subject to mandatory detention or may otherwise fall outside an immigration judge’s bond jurisdiction.
These rules are complex, so it’s recommended that you consult an immigration bond lawyer to determine whether requesting bond or another form of custody review is suitable.
During an immigration bond hearing, the judge evaluates multiple factors to determine whether the detainee should be released and at what bond amount. The most common considerations include:
Here’s what often persuades judges to grant an ICE release:
Approval can become more difficult without robust evidence. At Laura Leon Law, our experienced immigration bond lawyer can help you identify and gather compelling evidence for your release.
At immigration bond hearings, the immigration judge listens to arguments from your attorney and ICE officials to decide:
Immigration bond hearings are separate from removal proceedings and are typically less formal. The detainee or their immigration bond lawyer can present evidence addressing eligibility for release and the appropriate bond amount. The Department of Homeland Security also has the chance to state its position during immigration bond hearings. If either party disagrees with the judge’s decision, they may appeal it to the Board of Immigration Appeals.
The judge may approve the release and set a bond amount or deny the bond based on the applicable legal requirements.
When a judge sets an immigration bond, the obligor (the person or organization paying the bond) must post a bond with the DHS for the detainee’s release.
Once immigration bail bonds are approved, here’s what happens:
Failure to meet these responsibilities can result in bond forfeiture and further legal complications, including deportation.
Detained by ICE?
Being in ICE detention can be a frightening and lonely experience. At Laura Leon Law, we help clients nationwide seek release from ICE custody as quickly and effectively as possible.
When a loved one is detained, determining whether bond is available and preparing for immigration bond hearings can be time-sensitive. As an immigration bond lawyer, Laura Leon can help evaluate eligibility for custody redetermination, gather evidence supporting release, prepare arguments for the bond hearing, and explain how to follow the requirements that may apply if bond is granted.
Let us guide you through the process, protecting your rights every step of the way. Request a free consultation to discuss your case and learn your options.
(979) 810-8880
