The detention of a family member by Immigration and Customs Enforcement (“ICE”) creates one of the most stressful experiences a family can face. With the current administration's heightened focus on immigration enforcement and detention, understanding immigration bonds is extremely important. This blog will provide you with an overview of immigration bonds before the immigration courts, who qualifies for them, and how to secure your loved one's release.

What Are Immigration Bonds?

Immigration bonds are similar to bail in criminal court: they are a sum of money paid to the Department of Homeland Security (“DHS”) to ensure that, if an individual is released, they will attend all required immigration court hearings. Generally, at the conclusion of the immigration case, the bond money is returned to whoever paid it, so long as the released individual has complied with all court orders and legal obligations.

The Bond Request Process

While ICE can agree to set bonds directly and release individuals from immigration detention, most bond determination occur during formal hearings before an Immigration Judge. These are called bond redetermination hearings and occur after ICE has made an initial custody decision to detain someone.

Who is Eligible?

Eligibility to request a bond, however, varies significantly depending on individual circumstances, including the immigration status at the time of entry to the United States, the individual's criminal history, and any prior immigration violations. Recent changes in immigration laws and precedential decisions by the Board of Immigration Appeals (“BIA”) have dramatically restricted the classes of individuals who qualify for release from ICE detention.

Currently, bond eligibility is primarily limited to individuals who entered the United States on valid visas and subsequently overstayed their authorized period of stay.

Several categories of individuals are now subject to mandatory detention, including those who are marked as “arriving aliens,” individuals with certain criminal convictions, and those deemed to pose national security or terrorism threats.

What Happens During a Bond Hearing?

If eligible, an Immigration Judge will make such determination evaluating two primary factors: whether the individual poses a danger to their community if released, and whether they represent a flight risk. In making their determination, the Judge will take into consideration the individual's criminal history and pending criminal charges, evidence of rehabilitation, employment stability, and ties to the community, among others.

After DHS and the attorney for the individual detained have presented arguments before the Immigration Judge, a decision to grant or not to grant the bond is made. If the Immigration Judge decides to grant bond, an amount is set. Federal law mandates a minimum bond amount of $1,500, but judges have the discretionary authority to set bonds at any amount they deem appropriate. Given the lack of legal maximum, bonds could reach tens of thousands of dollars in more complex cases.

To secure the release of your loved one once a bond has been set, the entire amount must be paid up front. Additionally, the person paying for the bond must typically be either a U.S. citizen or a Legal Permanent Resident or otherwise maintain lawful status.

In the current legal climate, it has been increasingly common for DHS attorneys to appeal Immigration Judges decisions granting bond. If that happens, the individual must remain in detention until the appeal is resolved. At the same time, if an Immigration Judge denies bond, the detained individual also has the right to appeal the decision to the BIA. Families should understand that bond appeals are separate processes operating at the same time as the underlying removal case. Thus, even while appealing a bond denial (or grant), the detained individual must continue to fight the underlying claim for relief while in custody.

Given the recent and rapid changes in immigration law and the complexities of bond eligibility, working with experienced immigration attorneys is now more important than ever. When ICE takes a loved one into custody, the sooner you consult with knowledgeable immigration attorneys, the better positioned you will be to understand all viable options and develop a strategy for your specific situation.

At CTM Legal Group, we will provide a comprehensive assessment of your loved one's eligibility for bond under current legal standards, as well as explore alternative forms of relief and challenge detention when legal grounds exist. Contact CTM Legal Group to discuss your situation and explore all possible paths forward.