IMMIGRATION BOND FAQS

ICE DENIED MY BOND. CAN I ASK THE IMMIGRATION JUDGE FOR ONE?

Yes. Many immigrants facing deportation are eligible to ask for a bond during their removal proceedings. ICE has the authority to set a bond itself, but if it declines to do so, the immigrant may then ask an immigration judge to set a bond.

HOW WILL THE JUDGE DECIDE WHETHER TO GIVE ME A BOND OR NOT?

An immigration judge will look at three issues in deciding whether to set a bond or not. Those factors are:

(1) Is the alien eligible for a bond?

(2) Is the alien a danger to the community?

(3) is the alien a flight risk?

Each of these factors is explored in more detail on this page.

HOW MUCH WILL MY IMMIGRATION BOND BE?
If the immigration judge sets a bond, it will typically be in the range of $5,000 to $15,000. The minimum bond an immigration judge can set is $1500.

HOW DO I ASK FOR A BOND FROM AN IMMIGRATION JUDGE?
To ask an immigration judge for a bond, a bond application must be filed with the court.

HOW LONG WILL IT TAKE TO GET MY BOND HEARING?
From the time the bond application is filed, it will typically take 1-3 weeks for the bond hearing to be set. The immigration judge will decide whether to grant a bond at the bond hearing, and if granted, how much the bond will be.

CAN THE IMMIGRATION JUDGE DENY ME A BOND ALTOGETHER?

Yes. Immigration judges have broad discretion to grant or deny bonds. Even if you have little or no criminal history, an immigration judge can still deny you a bond if they feel you are a flight risk. However, you do have the right to appeal an immigration judge’s decision on your bond application.

HOW DO I PAY THE IMMIGRATION BOND?

An immigration bond can be paid at any ICE Enforcement and Removal Operations (ICE ERO) office in the U.S. The person who goes to post the bond must be a U.S. citizen or permanent resident. It is advisable that the bond be paid using a postal money order, as some ICE ERO offices will not accept any other form of payment.

WILL I GET THE BOND MONEY BACK?

Yes, as long as you comply with all orders of U.S. immigration authorities going forward. If you win your immigration case, the bond money will be returned to whoever posted it. If you lose your case, you must depart the United States when required in order for the bond money to be returned to the person who posted it. In the latter case, you may need to go to the U.S. embassy in your home country to have them stamp a form proving you have departed the U.S. You can then mail that form to ICE ERO, and they will return the bond money to whoever posted it.

ELIGIBILITY FOR BOND

While most immigrants in deportation proceedings are eligible for bond, not all are. The most common reason for being ineligible for a bond is having a drug conviction. Other kinds of criminal history may also disqualify you from seeking a bond. Consult with an experienced immigration attorney for more details.

DANGER TO THE COMMUNITY

In assessing bond, an immigration judge will look at a person’s criminal history to decide if he or she is a danger to the community. Typically, the longer it has been since the bond applicant committed a crime, the less likely it is that the immigration judge will deem them a danger to the community.

FLIGHT RISK

An immigration judge will also determine if a bond applicant is a flight risk. Basically, this means the judge will look for evidence in the bond applicant’s life making it more likely he or she will return to court. Factors the judge will consider in assessing the risk of flight include family ties to the United States (especially spouses and children who are U.S. citizens or permanent residents), property ownership in the U.S., a stable residence history, a stable employment history, and whether there is any option for the bond applicant to apply for a green card with the immigration judge.