Can You Get Bond While Fighting Deportation?

Being detained by ICE while fighting a deportation case puts you at a severe disadvantage. You cannot work. You cannot be with your family. You cannot easily meet with your attorney, gather evidence, or prepare for court. But in many cases, you do not have to stay locked up while your case plays out.

Immigration bond allows you to be released from detention while your removal proceedings continue. Not everyone qualifies, and the process has its own rules — but for those who are eligible, bond can be the difference between winning and losing your case.

Who Is Eligible for Immigration Bond?

Not every detained immigrant can get bond. Eligibility depends on the legal basis for your detention and your individual circumstances.

You Are Generally Eligible If:

• You are in removal proceedings under INA § 240 and detained under INA § 236(a)
• You do not fall into a mandatory detention category
• You can show you are not a flight risk or danger to the community

You Are NOT Eligible for Bond If:

• You are subject to mandatory detention under INA § 236(c) — this applies if you have certain criminal convictions (aggravated felonies, controlled substance offenses, firearms offenses, crimes of moral turpitude) or terrorism-related charges
• You are in expedited removal proceedings under INA § 235(b)(1) and have not established a credible fear of persecution
• You are detained under the Transition Period Custody Rules (TPCR) and subject to mandatory detention
• You have a final order of removal and are in the removal period under INA § 241

The distinction between these categories is technical and has significant consequences. An immigration attorney can review your case and determine exactly where you fall.

How Immigration Bond Hearings Work

If you are eligible for bond, either you or your attorney can request a bond hearing before an immigration judge. Here is how the process works:

Requesting the Hearing

You can request a bond hearing at any time during your removal proceedings. Your attorney files a motion with the immigration court where your case is assigned. In some cases, the immigration judge will address bond at your first master calendar hearing without a separate request.

The Hearing Itself

At the bond hearing, you (through your attorney) must prove two things:

1. You are not a danger to the community. This means showing that you do not pose a threat to public safety. Evidence of stable employment, family ties, community involvement, and a clean (or minimal) criminal record all help.
2. You are not a flight risk. This means showing that you will attend all future court hearings if released. Factors include length of time in the U.S., family ties, property ownership, employment history, and whether you have previously complied with court orders.

The DHS attorney will argue against bond or for a high bond amount. The judge weighs both sides and makes a decision.

Bond Amounts

The minimum immigration bond amount is $1,500, set by statute. In practice, judges commonly set bond between $5,000 and $25,000, though amounts can be higher in cases involving serious criminal history or significant flight risk. Your attorney's job is to argue for the lowest reasonable amount.

Factors Judges Consider

Immigration judges weigh a range of factors when deciding bond. Understanding these factors helps your attorney build the strongest possible case:

• Length of residence in the U.S. — longer residence suggests stronger community ties
• Family in the U.S. — U.S. citizen or permanent resident family members, especially dependents
• Employment history — stable employment shows community integration
• Criminal record — the nature, severity, and recency of any convictions
• Immigration history — prior deportations, immigration violations, or failures to appear
• Manner of entry — whether you entered legally or illegally, and the circumstances
• Community ties — church membership, volunteer work, children's school enrollment
• Eligibility for relief — whether you have a viable defense case (judges are more likely to grant bond if you have a real chance of winning)

What to Bring to a Bond Hearing

Evidence makes or breaks bond hearings. Your attorney should gather and present:

• Letters of support from family, employers, community leaders, and religious organizations
• Proof of employment (pay stubs, tax returns, W-2s)
• Proof of residence (lease agreements, utility bills, mortgage documents)
• Family documentation (birth certificates of U.S. citizen children, marriage certificates)
• School records for children
• Evidence of community involvement
• Documentation of any medical conditions requiring treatment
• A proposed bond amount and plan for payment

If Bond Is Denied

If the immigration judge denies bond or sets it too high, you have options:

• Appeal to the BIA: You can appeal the bond decision to the Board of Immigration Appeals. The BIA will review whether the judge applied the correct legal standard and whether the decision was reasonable.
• File a new bond motion: If circumstances change (e.g., charges are dropped, you obtain new evidence of community ties, or significant time passes), you can request a new bond hearing based on changed circumstances.
• Habeas corpus petition: If you have been detained for a prolonged period, you may be able to challenge your detention in federal court through a habeas corpus petition.

Posting Bond

If bond is granted, it can be posted in two ways:

• Cash bond: Someone pays the full bond amount directly to ICE. The money is refunded after the case concludes (regardless of outcome) as long as the respondent appeared at all hearings.
• Surety bond: A licensed immigration bond company posts the bond in exchange for a non-refundable premium, typically 15-20% of the bond amount. This option is available when the family cannot pay the full amount upfront.

Frequently Asked Questions

Can I get bond if I have a criminal record?

It depends on the type of conviction. Some criminal convictions trigger mandatory detention with no bond eligibility. Others may make bond more difficult but not impossible. An immigration attorney can analyze your specific criminal history and advise you on eligibility.

How much is immigration bond typically?

Immigration bond amounts typically range from $1,500 to $25,000, with some cases higher. The amount depends on factors like flight risk, community ties, and the nature of the immigration charges.

How long does it take to get released after bond is posted?

After bond is posted with ICE, release typically takes 4-8 hours but can take up to 24 hours or more depending on the facility and processing times.

Can ICE detain me again after I am released on bond?

Yes, ICE can revoke bond and re-detain you if you violate bond conditions, commit a crime, or fail to appear at scheduled hearings. Complying with all conditions and attending every court date is essential.

If you or a family member is detained and needs help with a bond hearing, contact Modern Law Group at (888) 902-9285. Our immigration bond attorneys fight for the release of detained immigrants every day.