Empowering Immigrants, Strengthening America
When a loved one has been detained by Immigration and Customs Enforcement, one of the first questions a family will ask is whether bond is available. The answer depends on the individual’s immigration history, the specific grounds for detention, and whether an immigration judge has jurisdiction to set bond in that case. Bond can offer meaningful relief, allowing a detainee to return home and continue working while their case moves through the immigration court system. At DeCosmo Law, our Camden immigration lawyers can help determine whether bond may be available and pursue it on your family member’s behalf.
Who Is Eligible for Bond
Not every detainee qualifies for release on bond. Eligibility generally depends on factors such as:
- Whether the person has a final order of removal already in place
- Prior criminal convictions, particularly certain aggravated felonies
- History of prior deportation or reentry after removal
- Classification as an arriving alien versus someone detained within the interior
Individuals subject to mandatory detention under federal immigration law are typically ineligible for bond altogether. Bond eligibility for people who entered the U.S. without inspection has been the subject of recent litigation, and the answer can depend on where the person is detained. Federal courts in New Jersey have recognized that many of these individuals are eligible for a bond hearing, but ICE may transfer detainees to states where courts have ruled otherwise. The law is changing quickly on this issue, making legal representation and assessment of each case critical.
The Bond Hearing Process
For those who are eligible, the next step is requesting a bond hearing before an immigration judge. At the hearing, the judge considers whether the individual poses a flight risk or a danger to the community. Evidence such as family ties, employment history, property ownership, and community involvement can all support an argument for release. The government bears the burden in some proceedings, while in others the detainee must affirmatively demonstrate they are neither a danger nor a flight risk, depending on the type of custody determination involved.
How Bond Amounts Are Set
Immigration bond amounts vary significantly based on the judge’s assessment of risk. There is a statutory minimum, but amounts can climb significantly higher depending on the individual’s history and the strength of the case presented at the hearing. Once bond is set and paid, the detainee is released while their removal proceedings continue, though they remain obligated to attend all future hearings.
When ICE Denies Bond Administratively
Detainees can sometimes request a bond redetermination directly from ICE before ever reaching an immigration judge. If ICE denies this request or sets an amount the family cannot pay, requesting a hearing before the court is usually the next step. According to the Department of Justice’s Executive Office for Immigration Review, immigration judges have the authority to conduct custody redetermination hearings and adjust bond amounts set by the Department of Homeland Security.
Acting Quickly Matters
Detention can stretch on for weeks or months while a case works through backlogged courts, so pursuing bond promptly is often the most effective way to reunite a family and preserve the detainee’s ability to prepare a defense outside of custody. Waiting to seek legal guidance can mean missed opportunities and prolonged separation.
Contact Our Camden Immigration Lawyers
If your loved one is being held and you want to explore bond options, DeCosmo Law can review the case and move quickly to request a hearing. You can schedule an initial consultation with our Camden immigration firm online or by calling us today at 856-361-2122.