Immigration Bond: How to Secure Release from Detention
Ready to Publish
Ready to Publish
Author
OG Image (1200x630)
Excerpt
Navigating the immigration bond process is crucial for non-citizens detained by ICE, as it allows for release while awaiting a deportation hearing. This guide outlines how to secure an immigration bond, who qualifies, and the steps to take, ensuring that you are well-informed and can seek an attorney near you for legal support.
Meta Description
Learn how to secure release from detention with an immigration bond, including eligibility criteria, the bond hearing process, and payment methods. If you need assistance, find an experienced immigration attorney near you to help navigate the complexities of your case.
Slug
immigration-law/deportation-removal-rights-legal-defenses/immigration-bond-secure-release-detention
Alt Image Text
A flat vector illustration of a detained immigrant inside an immigration detention facility, looking hopeful as their family and lawyer discuss an immigration bond. A USCIS officer stands in the background. The illustration features muted shades of purple, yellow, and gray in a minimalistic style.
Related Posts
Global Tags
Sub-item
Hide in Main Feed
Hide in Main Feed
Post Id
1226
Updated
Feb 25, 2025 09:50 PM
Featured
Featured
Hide CTA
Hide CTA
Hide Cover
Hide Cover
Immigration Bond: How to Secure Release from Detention
When a non-citizen is detained by Immigration and Customs Enforcement (ICE), they may be eligible for an immigration bond, which allows them to be released while awaiting their deportation hearing. Being detained can be overwhelming, but securing a bond provides the opportunity to prepare a strong legal defense outside of detention.
This guide explains:
- What an immigration bond is and who qualifies
- How to request an immigration bond hearing
- How to pay for an immigration bond and secure release
- What happens after release on bond
If you or a loved one is detained by ICE, understanding the bond process can help secure release and allow time to fight deportation effectively.
💡 For every post in this series, scroll down to “Related Posts.”
What Is an Immigration Bond?
An immigration bond is a payment made to ICE or an immigration court to secure the release of a detained immigrant while their case is pending. The bond is a guarantee that the person will attend all future court hearings and comply with immigration laws.
If the individual fails to attend their hearings, the bond is forfeited, and ICE can issue a new arrest warrant. If they attend all required hearings, the bond may be refunded at the end of the case.
Who Qualifies for an Immigration Bond?
Not all detained immigrants are eligible for a bond. ICE or an immigration judge will determine eligibility based on:
1. Flight Risk
- The court will assess whether the detainee has strong ties to the U.S., such as:
- Family members who are U.S. citizens or lawful permanent residents.
- A stable job or business.
- A history of following immigration laws.
- If a judge believes the person will not return for court hearings, they may deny bond.
2. Danger to the Community
- Immigrants with serious criminal convictions (such as violent crimes, drug trafficking, or aggravated felonies) may be ineligible for bond.
- Those with minor offenses or non-violent crimes may still qualify.
3. Mandatory Detention Cases
- Some individuals are subject to mandatory detention, meaning they cannot be released on bond under U.S. immigration laws.
- Those in mandatory detention include:
- Individuals convicted of certain crimes (drug offenses, fraud, or multiple convictions).
- Individuals with prior deportation orders.
If someone is denied bond, they may still be able to challenge the decision by requesting a bond hearing.
How to Request an Immigration Bond Hearing
If ICE does not offer bond or sets an amount that is too high, the detainee can request a bond hearing before an immigration judge.
Step 1: File a Bond Request
- The detained person or their attorney must submit a written request for a bond hearing to the immigration court.
- If an attorney is not available, family members can submit the request on their behalf.
Step 2: Attend the Bond Hearing
- The immigration judge will review the case and determine:
- If the detainee is eligible for bond.
- The amount of the bond.
Step 3: Present Evidence for Release
To increase the chances of securing bond, detainees should present evidence that they are:
- Not a flight risk (proof of family ties, employment, and community involvement).
- Not a danger to the community (letters of support from family, employers, or religious organizations).
- Eligible for legal relief (asylum, green card sponsorship, or cancellation of removal).
Having an immigration attorney can greatly improve the chances of receiving bond approval.
How Much Does an Immigration Bond Cost?
The minimum bond amount for most immigration cases is $1,500, but it can be much higher depending on the circumstances.
Factors That Affect Bond Amount
- Low Bond Amount ($1,500–$5,000):
- No criminal record.
- Strong family ties in the U.S.
- History of following immigration laws.
- High Bond Amount ($5,000–$25,000 or more):
- Prior immigration violations.
- Criminal history.
- Weak connections to the U.S.
If the bond amount is too high, the detainee can request a bond redetermination hearing to ask the judge to lower it.
How to Pay for an Immigration Bond
1. Who Can Pay the Bond?
- A family member, friend, or sponsor must pay the bond on behalf of the detainee.
- The payer must have legal status in the U.S. (U.S. citizen, green card holder, or other lawful status).
2. Where to Pay the Bond?
- Immigration bonds are paid at a designated ICE office or immigration bond acceptance facility.
- The payer must schedule an appointment with ICE to make the payment.
3. Payment Methods
- The bond must be paid in full using a U.S. Postal money order, cashier’s check, or certified check (cash and personal checks are not accepted).
- Some families use immigration bond companies, but they often charge high fees.
Once the bond is paid, ICE will release the detainee from custody.
What Happens After Release on Bond?
After securing bond, the detainee must comply with immigration court requirements, including:
- Attending all scheduled hearings – Failing to appear can result in bond forfeiture and immediate deportation.
- Following immigration laws – Any new criminal charges or violations could lead to bond revocation.
- Seeking legal representation – Hiring an immigration attorney can increase the chances of winning the deportation case.
If the detainee wins their case or departs voluntarily, the bond may be refunded to the person who paid it.
What If the Immigration Bond Is Denied?
If a detainee is denied bond, they may have additional options:
- File an appeal with the Board of Immigration Appeals (BIA) – If the judge denies bond, the decision can be appealed within 30 days.
- Request a custody redetermination hearing – If circumstances change (such as new evidence or a legal relief application), the detainee can ask for a new bond hearing.
- Apply for other forms of relief – Certain individuals may qualify for asylum, Temporary Protected Status (TPS), or cancellation of removal.
If bond is denied and deportation is likely, see How to Appeal a Deportation Order: Your Options for further legal strategies.
Conclusion
Securing an immigration bond can make a significant difference in a deportation case by allowing the detainee to fight their case outside of detention. To improve the chances of release:
- Request a bond hearing if ICE does not offer bond.
- Present strong evidence showing family ties, employment, and eligibility for legal relief.
- Ensure the bond is paid correctly and comply with all court orders after release.
- Seek legal assistance to navigate the immigration court process.
If you or a loved one needs help securing an immigration bond, ReferU.AI can connect you with experienced immigration attorneys who specialize in detention and bond hearings. Legal representation can significantly improve your chances of securing release and fighting deportation successfully.