Immigration and Detention Bond

Non-citizens who have been taken into custody by Immigration and Customs Enforcement (ICE) and transferred to an immigration detention center may qualify for release on bond if they meet certain criteria and an immigration judge grants them a bond.  A bond is an amount of money that someone such as a relative, friend, or bond company pays to the government allowing the person to be released from custody and return to his or her home in the U.S. while going through removal proceedings before an immigration judge.

In order to qualify for a bond from an immigration judge, the alien must not be subject to mandatory detention.  Therefore, aliens who are charged as having previously committed an offense covered under section 236(c) of the Immigration and Nationality Act (INA), will be subject to mandatory detention and cannot be released on bond.  These grounds include, for example, crimes involving moral turpitude, drug crimes, aggravated felonies, and membership in a terrorist organization.

If the non-citizen is not subject to mandatory detention and he or she is in removal proceedings, they may request the immigration judge to grant them a bond by filing a motion with the court.  Typically, this motion will include evidence of having a sponsor with legal status in the U.S. (someone who will be responsible for the alien and make sure they will attend their immigration court hearings), as well as showing the alien’s eligibility for some form of immigration relief.  

However, even if the alien is not subject to mandatory detention, the immigration judge may still deny the person a bond on a discretionary basis.  The judge will take a series of factors into consideration when deciding to grant or deny a bond to a detained alien.  First and foremost, the judge will consider if the person is a security risk or a danger to the community if the person is released.  Past reckless behavior (such as DUI arrests) and other problems with the law may factor greatly into this.  The judge will also consider if the person is a flight risk, meaning that the person is likely to abscond and not attend their future immigration court hearings if they were to be released.  In deciding if the person is a flight risk, the judge may consider the person’s ties to and time spent in the U.S., whether they own property in the U.S., the number of close relatives with legal status that they have in the U.S., and the strength of the person’s case in whatever form of relief they will pursue.

If you or a loved one is detained by ICE, it is essential that you hire an experienced immigration attorney to try obtain your or your loved one’s release on bond.