Immigration Bond and Detention Defense
Emergency Information
Understanding Immigration Detention
Immigration detention occurs when ICE (Immigration and Customs Enforcement) takes individuals into custody during removal proceedings. Detention can be mandatory for certain criminal convictions or discretionary based on flight risk and public safety factors.
The right to a bond hearing is governed by INA Section 236 and depends on the specific grounds for detention. Understanding detention authority is crucial for developing effective release strategies.
Bond Eligibility Requirements
To be eligible for immigration bond, you must:
- Not subject to mandatory detention under INA 236(c)
- Not considered a flight risk by the immigration judge
- Not considered a danger to the community
- Identity established to satisfaction of the immigration judge
- Likelihood of appearing for future immigration proceedings
- Ties to the community (family, employment, residence)
Mandatory Detention Grounds
No bond available if detained under INA 236(c) for:
- Conviction for aggravated felony as defined in INA 101(a)(43)
- Conviction for controlled substance offense (with limited exceptions)
- Conviction for firearm offense under federal or state law
- Multiple convictions with aggregate sentences of 5+ years
- Conviction for crime involving moral turpitude within 5 years of admission
- Security grounds under INA 212(a)(3) or 237(a)(4)
- Terrorist activity or national security concerns
Joseph Hearing Exception
Bond Determination Factors
Assessment Criteria
- Flight risk assessment - likelihood of appearing for proceedings
- Danger to community - public safety considerations
- Length and nature of residence in the United States
- Family ties and community connections
- Employment history and financial responsibility
- Criminal history and rehabilitation evidence
- Immigration history and compliance with previous orders
- Ability to pay bond amount and financial resources
Burden of Proof
Bond Amount Factors
Types of Immigration Bonds
Delivery Bond
$1,500 minimumEnsures appearance at immigration hearings and compliance with removal if ordered
Voluntary Departure Bond
Minimum $500Additional bond for voluntary departure cases to ensure compliance with departure deadline
Order of Supervision Bond
VariesBond set for release under supervision with reporting requirements
Bond Hearing Process
Request Bond Hearing
File oral or written request for bond hearing with immigration court
Gather Supporting Evidence
Collect documents showing community ties, employment, family relationships
Attend Bond Hearing
Present case for release to immigration judge with evidence and testimony
Judge Decision
Judge determines eligibility, sets bond amount, or denies bond
Pay Bond (if granted)
Pay full bond amount to ICE or through bond company within specified timeframe
Release Process
ICE processes release once bond payment verified and conditions met
Compliance Requirements
Comply with all bond conditions and appear for future immigration hearings
Essential Evidence for Bond Hearings
Strong Supporting Evidence
- • Employment verification letters and pay stubs
- • Property ownership or long-term lease agreements
- • Family ties documentation (marriage, children, parents)
- • Community support letters from employers, clergy, neighbors
- • Evidence of rehabilitation from past criminal issues
- • Medical documentation for serious health conditions
- • Financial documentation showing ability to pay bond
- • Previous compliance with immigration court orders
Negative Factors
- • History of failing to appear for court hearings
- • Multiple illegal entries or immigration violations
- • Recent criminal arrests or ongoing criminal issues
- • Use of false identity documents or fraud
- • Lack of stable residence or employment
- • History of non-compliance with court orders
- • Outstanding warrants or pending criminal charges
- • Gang involvement or association
Special Detention Situations
Prolonged Detention (Zadvydas Cases)
After 180 days in detention post-final order, may petition for release if removal is not reasonably foreseeable. Supreme Court ruling in Zadvydas v. Davis limits indefinite detention.
Mental Health Detention
Individuals with serious mental illness may be held in inappropriate conditions. Special procedures may apply for competency determinations and specialized care.
Asylum Seekers with Credible Fear
Individuals who pass credible fear interviews may be eligible for bond hearings, but recent policy changes have limited parole for asylum seekers.
Bond Payment and Release Process
Payment Options and Procedures
Payment Methods
- • Cash payment directly to ICE
- • Money order or cashier's check
- • Bond company services (with additional fees)
- • Property bonds (in limited jurisdictions)
Release Timeline
- • Payment processing: 2-24 hours
- • ICE administrative review: 4-48 hours
- • Total release time: Usually 1-3 days
- • Expedited release possible in emergencies
Post-Release Requirements
Mandatory Conditions
Additional Conditions
Redetermination and Appeals
Bond Redetermination
Appeal to BIA
Habeas Corpus Petition
Emergency Actions for Families
Immediate Steps When Someone is Detained
- 1Contact ICE detention facility to confirm location and charges
- 2Hire experienced immigration attorney immediately
- 3Gather evidence of community ties, employment, family relationships
- 4Prepare financial resources for bond payment
- 5Request bond hearing at first master calendar appearance
Critical Warnings
Important Cautions
- Failure to appear for hearings results in automatic bond forfeiture and in absentia removal order
- Any arrest while on bond can result in immediate re-detention and bond revocation
- Bond money is not returned until case completely concludes or person departs U.S.
- Legal representation essential - pro se bond hearings have very low success rates