Immigration Bond Hearings

Demonstrating Eligibility for an Immigration Bond

Detained immigrants are released on bail, just as they are released on bail in criminal cases. In some cases, ICE officials set bail amounts after an individual is arrested. If ICE does not allocate bail, or if an immigrant wants to request a reduction in bail, they can request a bond hearing. This hearing is before an Immigration Judge, who reviews the case to determine whether it is appropriate for the person to be released on bond and the amount owed.

 

In some cases, a person may be subject to mandatory detention and cannot obtain immigration sponsorship. Mandatory detention will generally apply if a person has been convicted of certain types of crimes, including aggravated felonies, drug charges, or firearms offenses. However, a person may be eligible for an immigration bond if they were convicted of an applicable crime, but they were sentenced to probation or community service rather than being required to serve time in prison.

 

To determine whether a person can receive an immigration bond, a judge will look at whether they are likely to be a flight risk and whether they are a danger to the public. A person may submit multiple forms of evidence to demonstrate that they have ties to their community and have taken steps to address any potential safety issues, including:

 

Records of employment and income, including pay stubs or tax returns
A marriage license showing at the immigrant’s spouse is a U.S. citizen or lawful permanent resident
Birth certificates for an immigrant’s children who are U.S. citizens or green card holders
Lease or mortgage documents showing that a person has maintained a residence in the community
Court records showing that a person had previously appeared in court when required or met the requirements to be released from custody following a criminal arrest
Letters of support from family members, employers, co-workers, friends, or others in the community