Being detained by Immigration and Customs Enforcement (ICE) doesn't necessarily mean remaining in custody until your case is decided. Immigration bond allows many detainees to be released while fighting their cases. Understanding bond eligibility and the process helps families secure release as quickly as possible.
What Is Immigration Bond?
An immigration bond is a sum of money paid to guarantee that a detained individual will appear for immigration court hearings. If the person attends all hearings, the bond is eventually returned—regardless of the case outcome. Bond allows release from detention while the immigration case proceeds.
Immigration bonds work similarly to bail in criminal cases but are handled through the immigration system rather than criminal courts.
Who Is Eligible for Bond?
Not everyone in immigration detention can be released on bond. People subject to mandatory detention cannot receive bond. Mandatory detention typically applies to individuals with certain criminal convictions (aggravated felonies, drug trafficking, multiple crimes of moral turpitude), people detained upon arrival at the border, individuals with prior removal orders, and suspected terrorists or security threats.
If you're not subject to mandatory detention, you may request bond. The determination depends on whether you're a flight risk and whether you pose a danger to the community.
Bond Amounts
Immigration bonds start at a minimum of $1,500, but amounts are typically much higher—often $5,000 to $25,000 or more. Bond amounts depend on immigration history, ties to the community, employment, family in the US, criminal history, and flight risk assessment.
Strong community ties, stable employment, US citizen family members, and a clean criminal record support lower bond amounts or release on recognizance (without bond).
How to Request Bond
Bond can be set in two ways. ICE custody determination occurs when ICE sets bond during initial processing. ICE may grant bond, deny bond, or set an amount. If ICE denies or sets bond too high, you can request a bond hearing before an immigration judge.
A bond hearing before an immigration judge provides independent review. The judge considers the same factors but may reach a different conclusion than ICE. Bond hearings are critical opportunities to present evidence supporting release.
Bond Hearing Evidence
At a bond hearing, present evidence showing you're not a flight risk and not dangerous. Helpful evidence includes proof of US citizen or permanent resident family members (birth certificates, passports), employment verification, home ownership or long-term lease, tax returns showing community establishment, letters from family, employers, and community members, evidence of lawful status or pending immigration applications, and clean criminal record documentation.
Witnesses can testify about your character and ties to the community. Preparation significantly impacts bond outcomes.
Paying the Bond
Once bond is set, it must be paid in full before release. Bonds are paid at ICE offices, not at detention facilities or courts. Payment must be in cash, money order, or cashier's check—personal checks aren't accepted.
Bond must be paid by someone legally present in the US with valid identification. The person paying doesn't need to be a citizen but must have legal status.
Alternatively, immigration bond sureties (similar to bail bondsmen) will post bond for a non-refundable fee, typically 15-20% of the bond amount.
Release Process
After bond is paid, processing takes time. Release typically occurs within 2-8 hours but can take up to 24 hours. The detained person receives notice of hearing dates and reporting requirements.
Conditions of Release
Release on bond comes with conditions: attending all immigration hearings, reporting address changes to ICE, and complying with any specific requirements set by the judge. Violating conditions results in bond forfeiture and re-arrest.
Appealing Bond Decisions
If bond is denied or set too high, you can appeal to the Board of Immigration Appeals (BIA). Appeals can take months, during which the person remains detained. Weigh whether to appeal or try to pay the set amount.
Changes in circumstances—new family ties, resolved criminal cases—may support a motion to reconsider bond.
Getting Your Bond Back
Bond is returned after the case concludes—whether through winning the case, voluntary departure, or removal—as long as all hearing appearances were made. Refund processing takes several months. The bond obligor (person who paid) must file a claim.
Getting Legal Help
An immigration attorney can significantly improve bond hearing outcomes. They know what evidence persuades judges, can present your case effectively, and understand local immigration court practices. Given the stakes of continued detention, professional representation is strongly advisable.