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What is an Immigration Bond?

An immigration bond is a financial guarantee paid to the Department of Homeland Security. It assures detained individuals that if they are released from detention, they will attend all future court hearings and ICE check-ins. This bond acts as a tool for ensuring compliance with immigration procedures and allows detained individuals to avoid incarceration during their proceedings.

Obtaining a Bond

The process of requesting an immigration bond starts by asking ICE (Immigration and Customs Enforcement). If ICE agrees to set a bond, you can pay the amount and secure your release. The minimum bond amount set by law is $1,500, but there is no cap on the maximum amount that can be set. Bonds can range from $5,000 to $15,000, though they can be significantly higher based on the case's specifics. When ICE does not set a bond, or if the amount is excessively high, you can challenge this decision at a bond hearing before an immigration judge. 

This request for a bond hearing does not guarantee a bond will be granted, but it provides an opportunity to argue for your release. During the hearing, you may also request the judge to lower the bond amount set by ICE. However, it’s important to understand that the judge can lower the bond, keep it the same, raise it, or even deny it altogether. Being well-prepared to present your case can significantly affect the outcome. Gathering adequate documentation and evidence to support your request is essential for a successful bond hearing.

Will It Be Granted? 

In determining whether to grant a bond, a judge will consider several factors:

  • Eligibility for Bond: Certain conditions, such as previous deportations and criminal convictions, may disqualify you from being eligible for a bond.
  • Are They Dangerous? The judge considers your criminal history, including any arrests, convictions, or ongoing criminal cases, to decide if releasing you poses a risk to public safety.
  • Flight Risk: Factors like community ties, eligibility for relief from deportation, and past court appearance records help the judge determine if you are likely to attend all required hearings. The judge will tell you that you carry the "burden of proof," meaning it is your responsibility to convince them of your eligibility for release on bond. You must prove that you are not a threat to anyone and will return for trial. Opposing counsel may present opposing evidence, emphasizing reasons for your continued detention. Written evidence is crucial, as verbal assurances alone are insufficient. Compiling necessary documentation while detained is challenging, so assistance from family or an attorney can be invaluable.

Get Qualified, Experienced Legal Counsel 

Navigating the complexities of immigration bonds can be daunting, and the outcome is critical to your case. While having an attorney is not mandatory, having one could increase your chances of a favorable outcome. If you're facing a bond hearing or need assistance with any aspect of immigration law, don’t hesitate to seek professional help. Contact us today to schedule a consultation and ensure you have the support you need during this challenging time.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

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