People placed in immigration detention may be able to ask for release on bond. Rules depend on the person's situation and change with law and policy, so qualified legal advice is essential.
Detention and bond
Immigration authorities may detain some noncitizens during removal proceedings. Some people can ask an immigration judge to set a bond, while others are subject to mandatory detention based on certain grounds.
What judges consider
- Whether the person is a danger to the community.
- Flight risk, such as ties to the community and family.
- Criminal history.
- Immigration history.
What families can do
- Find the person's location using the detainee locator.
- Contact an immigration attorney or legal service provider quickly.
- Gather documents showing community ties, such as family, work and housing.
- Ask about bond amount and how to pay safely, through official channels.
- Beware of bond scams and fake lawyers.
Rights
Detained people have the right to a lawyer at their own expense, to contact their consulate and to hearings. Legal orientation programs exist in some detention centers.
Frequently asked questions
Can bond be denied?
Yes, in some cases the person is not eligible or the judge denies it.
What happens after bond is paid?
The person is released and must attend all hearings.