Immigration Bond and Getting Out of Detention

Short answer: Some people held in immigration detention can ask an immigration judge to set a bond and be released while their case continues; others are in "mandatory detention" and cannot get a bond from a judge at all. Which category applies depends on why you were detained, your criminal history (if any), and how you entered or re-entered the United States. If a bond is available, the judge decides the amount based mainly on whether you are a flight risk or a danger to the community. Rules in this area change often and are being actively litigated in the federal courts right now, so always confirm the current rules for your situation with an immigration attorney, a Department of Justice (DOJ) accredited representative, or the immigration court (EOIR) — do not rely solely on general information like this article for a decision that affects someone's liberty.

Two very different starting points: bond-eligible vs. mandatory detention

Immigration detention custody generally falls into one of these tracks:

• Discretionary custody (bond possible). Under INA § 236(a), an immigration judge has authority to review DHS's custody decision and can set, lower, or continue a bond, or release someone on their own recognizance or under supervision.
• Mandatory detention (no bond from a judge). Under INA § 236(c), certain noncitizens with specified criminal grounds (including many aggravated felonies, controlled-substance offenses, multiple crimes involving moral turpitude, firearms offenses, and some domestic-violence-related offenses) must be detained with no judicial bond authority once they are released from criminal custody into immigration custody.
• "Arriving aliens" and people processed as applicants for admission. People treated as applicants for admission (for example, those stopped at a port of entry, or placed in expedited removal under INA § 235) are generally not eligible for a bond hearing before an immigration judge; any release in that posture is a discretionary parole decision made by DHS, not the court.

This is one of the most legally contested areas in immigration law right now. Since mid-2025, DHS has taken the position — reflected in ICE guidance and in Board of Immigration Appeals precedent decisions — that people who entered without being inspected at the border are "applicants for admission" subject to mandatory detention under INA § 235, even if they were arrested somewhere in the interior, sometimes years later, rather than bond-eligible under INA § 236(a). That reversed an administrative practice that had treated many such people as bond-eligible for decades. As of mid-2026, federal appeals courts have split over whether this reading is lawful: some circuits have held these individuals are entitled to a § 236(a) bond hearing, while at least one other has upheld the no-bond approach, and the question is still being litigated. Because of this split, whether a bond hearing is even available can depend on where a person is detained, and the answer is changing. Do not assume you know which category applies based on older information or on what happened in another case. Ask the detainee's attorney, a DOJ-accredited representative, or check directly with the immigration court (justice.gov/eoir) which rule currently applies in your specific location and case.

How a bond hearing works

If bond is available, a detained person (or their attorney) can ask the immigration judge assigned to the case for a custody redetermination — commonly called a "bond hearing." This can often be requested in writing or raised at a master calendar hearing, and it is normally separate from the merits of the removal case itself.

At the hearing, the person seeking release generally has the burden of showing, to the judge's satisfaction, that they are:

• Not a danger to persons or property or a threat to national security, and
• Not a significant flight risk — that is, likely to appear at future court hearings.

Immigration judges typically weigh factors drawn from long-standing Board of Immigration Appeals case law, including:

• Whether the person has a fixed U.S. address and how long they have lived in the U.S.
• Family ties in the U.S., including relatives who are citizens or lawful permanent residents
• Employment history and community ties
• Record of appearing for prior court dates (criminal or immigration)
• Criminal history — how serious, how recent, and how extensive
• Any past immigration violations or history of evading authorities
• Manner of entry into the United States
• Likelihood of ultimately winning some form of relief from removal

A judge who finds danger to the community will typically deny bond outright without needing to reach the flight-risk question. If the judge sets a bond, the statute sets a floor — under INA § 236(a) a bond of at least $1,500 — but the actual amount in a given case can be, and often is, much higher, and is set individually by the judge. Do not rely on any specific dollar figure you hear informally; bond amounts are case-specific, so confirm the number ordered in the specific case from the judge's decision itself. If DHS or the person disagrees with the judge's bond decision, either side can generally appeal to the Board of Immigration Appeals; appeal deadlines in immigration proceedings are short (commonly counted in a small number of days from the decision), so confirm the exact deadline on the written order or with EOIR immediately — missing it can forfeit the right to challenge the amount.

How to pay an immigration bond

Once a bond is set — either by DHS/ICE directly or by an immigration judge — someone on the outside (called the "obligor") must post it before the detained person can be released. Key points, per U.S. Immigration and Customs Enforcement (ICE):

• Who can pay: Generally a U.S. citizen or lawful permanent resident, or certain qualifying organizations/law firms — not the detained noncitizen personally.
• Where to start: ICE's bond payment process is run through its online CEBONDS system (cebonds.ice.gov), where the obligor creates an account, submits the detained person's name and A-number (alien registration number), verifies identity, and signs the bond contract (ICE Form I-352) electronically.
• How the money moves: Even though the paperwork is handled online, actual payment is typically completed at a bank via wire transfer (Fedwire) or ACH transfer — not by handing cash to an ICE officer at a field office. Confirm the current accepted payment methods and any in-person requirements for the specific ICE field office handling the case, since procedures have been shifting toward this electronic system.
• Getting the money back: An immigration bond is refundable, not a fee — if the person complies with all release conditions and the case concludes (or the person departs the U.S. as required), the obligor can request the deposit back through ICE. It is not returned automatically; the obligor must follow up.
• Risk to the obligor: If the released person fails to appear for a hearing or violates conditions, the bond can be forfeited (breached), meaning the obligor loses the money. Anyone posting a bond should understand this is a real financial commitment tied to another person's compliance.

Alternatives to detention

Even when a person is not released on bond, or as a condition tied to release, ICE runs an Alternatives to Detention (ATD) program, most commonly through its Intensive Supervision Appearance Program (ISAP). This can include:

• SmartLINK — a mobile app used for check-ins and identity verification (including facial comparison) instead of, or in addition to, in-person reporting
• GPS monitoring, including body-worn devices in some cases
• Telephonic reporting to a case manager on a set schedule
• Case-management programs for families or young adults in some locations

Whether ATD is offered, and on what terms, is a discretionary decision by DHS/ICE and can also be requested through the person's attorney. It does not eliminate the underlying removal case — it only affects custody while that case is pending.

What to do

1. Find out the A-number and where the person is detained — use the ICE Online Detainee Locator or ask the facility.
2. Get an immigration attorney or a DOJ-accredited representative involved immediately. Whether bond is even available depends on fast-changing legal categories, and a wrong assumption can waste time or waive rights.
3. If bond is available, request a custody redetermination hearing through the immigration court handling the case, or ask DHS to reconsider the initial custody decision.
4. Gather proof of the release factors in advance: proof of address, letters and documents showing family ties, employment records, and evidence of any relief being pursued.
5. If bond is set, identify an eligible obligor (a U.S. citizen or lawful permanent resident) and start the CEBONDS process at ice.gov.
6. Watch the appeal clock. If either side wants to challenge the bond decision, confirm the exact appeal deadline on the written order right away — do not wait.

Beware of fraud

Only an attorney or a DOJ-accredited representative working with a recognized organization may lawfully charge for legal help in immigration matters. A "notario," immigration consultant, or bond company that is not one of these can cause real harm — including missed deadlines, lost money, or a worse outcome in the removal case itself. Verify credentials before paying anyone, and never sign documents you do not fully understand.

This article is general information, not legal advice, and does not create an attorney-client relationship. Immigration custody and bond rules are complex, fact-specific, and currently subject to active litigation and change — consult a qualified immigration attorney or a DOJ-accredited representative about a specific case, and verify current procedures with the immigration court (EOIR) at justice.gov/eoir or with ICE at ice.gov.