What You Need to Know About Immigration Bonds: A Step-by-Step Guide

If you or a loved one has been detained by Immigration and Customs Enforcement (ICE), understanding the bond process is critical. An immigration bond can mean the difference between waiting for your hearing in detention or being released to your family while your case proceeds.

What Is an Immigration Bond?

An immigration bond is a payment made to the government that allows a detained immigrant to be released while their case moves through the immigration court system. Think of it as a promise that the person will appear at all future court hearings.

There are two main types of immigration bonds:

• Delivery Bond: Allows the detained person to be released so they can spend time with family and consult with an attorney. To be eligible, the detainee must have received an arrest warrant and a notice of custody conditions.
• Voluntary Departure Bond: Allows the detainee to leave the country voluntarily by a certain date at their own expense. If they comply, the bond is returned.

Who Sets the Bond Amount?

Immigration bonds can be set by:

1. ICE: When someone is first detained, ICE may set a bond amount. This can range from $1,500 to $25,000 or more, depending on the circumstances.
2. Immigration Judge: If ICE denies bond or sets it too high, you can request a bond hearing before an immigration judge. The judge has the authority to lower the bond, keep it the same, raise it, or deny bond entirely.

Factors Judges Consider at Bond Hearings

At a bond hearing, the immigration judge evaluates two main questions:

1. Is the Person a Flight Risk?

The judge wants to know if the person will show up to future hearings. Factors include:

• Length of time in the United States
• Family ties (spouse, children, parents who are U.S. citizens or residents)
• Employment history
• Community ties
• Immigration history (previous deportation orders, failures to appear)
• Fixed address

2. Is the Person a Danger to the Community?

The judge assesses whether releasing the person poses a safety risk. Factors include:

• Criminal history
• Nature and severity of any past offenses
• Evidence of rehabilitation
• Time since any criminal conduct

The Bond Hearing Process: Step by Step

Step 1: Request a Bond Hearing

Your attorney files a motion requesting a bond hearing with the immigration court. This should be done as quickly as possible after detention.

Step 2: Gather Evidence

Collect documents that support your case:

• Letters from family members, employers, and community members
• Proof of residence (lease, mortgage, utility bills)
• Tax returns and employment records
• Birth certificates of U.S. citizen children
• Evidence of rehabilitation (if applicable)
• Any documents showing ties to the community

Step 3: Prepare Your Testimony

You may need to testify at your hearing. Your attorney will prepare you to answer questions about your background, family, and reasons why you should be released.

Step 4: Attend the Hearing

Bond hearings are typically short—often 15 to 30 minutes. The judge will hear arguments from both your attorney and the government attorney, review evidence, and make a decision.

Step 5: Receive the Decision

The judge will usually announce the decision at the end of the hearing. If bond is granted, you'll receive documentation with the bond amount.

How to Pay an Immigration Bond

Once bond is set, it must be paid in full before the detainee can be released. There are two ways to pay:

1. Pay Directly to ICE

• Payment must be made at an ICE facility that accepts bonds (not all do)
• Only cash, cashier's checks, or money orders are accepted
• The person paying (the "obligor") must be a U.S. citizen or legal permanent resident
• Bring valid ID and the detainee's alien registration number (A-number)

2. Use a Bond Company

Immigration bond companies (also called sureties) will post the bond for a fee—typically 15-20% of the bond amount. This fee is non-refundable, but it allows families to secure release without paying the full amount upfront.

How Long Does the Process Take?

• Bond hearing request to hearing: Usually 1-2 weeks, but can vary by court
• After bond is set: Release typically occurs within 24-48 hours once bond is paid
• Bond refund (if applicable): After the case concludes and all hearings were attended, refunds can take several months

Common Mistakes to Avoid

1. Waiting too long to request a hearing: Time in detention is time away from family and work. Act quickly.
2. Not gathering enough evidence: Strong documentation of community ties can make the difference between release and continued detention.
3. Missing court dates after release: This forfeits the entire bond and can result in a deportation order.
4. Not understanding bond conditions: Violating conditions of release can result in re-detention.
5. Trying to handle it alone: Immigration bond hearings have complex rules. An experienced attorney significantly improves your chances.

When Bond May Be Denied

Not everyone is eligible for bond. Mandatory detention applies to individuals who:

• Have certain criminal convictions (aggravated felonies, drug offenses, crimes involving moral turpitude)
• Are subject to reinstatement of a prior removal order
• Pose a national security risk
• Have been ordered removed and failed to depart

Even in some mandatory detention cases, there may be legal options. Consult with an attorney to understand your specific situation.