Eligibility for Immigration Bond

There are two ways that a detained individual can be eligible and granted immigration bond:

  1. ICE determines the alien eligible for a release on bond and will set a bond amount. If this is the case, you can expect to be able to pay the immigration bond within a week after detention.
  2. If ICE declines to set a bond or the ICE bond is deemed too high, your attorney can request an immigration bond hearing before an Immigration Judge. At the bond hearing, the Immigration Judge will determine whether the detained person is eligible for bond and/or whether the amount set by ICE can be lowered.

The Immigration Judge will evaluate several factors when deciding whether to grant bond or lower the amount required:

1. Whether he deems the alien to be a flight risk who will/will not return to future court hearings.
2. Whether the alien is deemed/not deemed a danger to the community and/or is rehabilitated after any crimes which might have been committed in the past.
3. Whether the alien has relief from removal. The greater the chance for the alien to win the immigration case, the more likely the Judge is to give a lower bond.

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