When detained by U.S. immigration officers, don’t panic, there were ways to get out of detention and back to your family. One way to get out of detention quickly is to pay a bond. A bond is an amount of money that will allow a person to be released from detention but gives the court assurance that the person will continue to appear for future court proceedings. If, after paying a bond and being released, you do not appear for future court hearings, the bond will be revoked and the U.S. government will keep the money. If you appear at all your immigration bond hearings and comply with all court orders, whoever paid the bond will receive the money back.
How to Request an Immigration Bond Hearing
ICE will typically be the one to make the initial custody determination when you are placed in detention. If you want to contest this decision, you can request an immigration bond hearing from the Immigration Judge. ICE will usually assign a bond amount when the individual arrives at detention. ICE will issue a document, Form I-286, Notice of Custody Determination, which will provide you with its custody determination. ICE may either choose to release you on your own recognizance in which you do not have to pay any bond, release you with a set bond amount, or decide not to set a bond and keep you detained.
If you fail to receive a bond determination or disagree with the bond amount set, you may also ask for a hearing from an Immigration Judge. You can request a bond hearing on your Form I-286 by checking the box that says you do want a custody determination by a judge and sign the form at the time of the initial custody determination. In the event you do not receive Form I-286, you can make an oral request for a bond hearing at your first scheduled court appearance or file a written motion for bond redetermination.
Who Is Eligible for Release on Bond
Certain individuals are not eligible to receive a bond determination. Based on factors, such as your status in the U.S., could keep you detained for the duration of your removal proceedings. A judge does not have the authority to give you a bond if you are in the following categories:
- You are classified as a non-citizen returning to the U.S. from a trip abroad.
- You have been admitted unlawfully into the country.
- You have engaged in activities that threaten the national security of the U.S.
- You have committed certain crimes in the U.S., such as drug possession or sale, crimes of violence, theft, or fraud.
If an individual is in one of the above situations, you are classified as being under mandatory detention. If you disagree with that determination, for example, you believe that you have been confused with another person, you can request what’s called a “Joseph hearing,” at which you can present evidence that proves you are, in fact, eligible for a bond.
Step-by-Step Guide to the Immigration Bond Hearing
Although the bond hearing is separate from the Master Calendar Hearing, it usually takes place on the same day, just before your first Master Calendar Hearing. However, if you need additional time to prepare, you can request a continuance, and the judge will set the hearing two to three weeks out. If you are unsure of the date of your bond hearing, call the clerk at the Immigration Court.
On the date of your hearing, you will be either physically present in the courtroom or through a video link that goes to the courtroom. For in-person hearings, you will be wearing clothes and shoes issued by ICE and be monitored by security guards. The security guards will tell you where to sit to wait your turn for a hearing, and you will not be permitted to speak or interact with any family members who might have come to your hearing. The only person you will be able to speak with before the hearing is your attorney.
At your bond hearing, the judge will review your immigration status and make sure you are eligible for a bond. The decision to grant you a bond is ultimately up to the immigration judge’s discretion. To make this discretionary decision, the immigration judge will weigh any evidence in the record In a bond hearing, the burden of proof is on you to prove that you are not a flight risk, not a danger to others, and not a threat to national security.
Factors that will be considered whether you are a flight risk include:
- Your family ties in the U.S.
- Whether you own or rent a home or apartment
- If you are employed
To help convince the judge, the individual should present the judge with a letter from their sponsor. The letter should detail how the sponsor knows the detainee and the sponsor’s legal immigration status. The sponsor must be a legal permanent resident or U.S. citizen, and the letter must also include the address of the detainee’s residence. It must be a street address, not a P.O. Box. Along with a sponsor letter, illegal immigrants should collect as many other documents as possible that prove their ties to the community and obedience to the laws. Tax records, social security records, a copy of a marriage certificate, or letters demonstrating community involvement are all examples of documents that can help aid your case. Other possible documents could be proof of property ownership, proof of debt, and family photos.
To determine whether you are a danger to the U.S., they will look at your past criminal history. If you do have any past criminal history, it’s a good idea to provide letters from friends and family that talk about your good moral character and how you have changed for the better since any past criminal behavior or provide proof of participation and/or completion of rehabilitation programs. If, however, you have a conviction, take responsibility and provide strong evidence of rehabilitation. You want to show the immigration judge that, on balance, your positive points outweigh any negative factors.
The Immigration Judge’s Bond Order
Once you have been granted a bond, you will receive a written order indicating the bond amount. The judge will also reschedule your Master Calendar Hearing to give you a chance to pay the bond and be released from custody before your next court appearance. If you do not pay the bond before then, you will have to appear at this hearing while still in immigration custody.
If the bond is posted, you will be released from custody, and your removal proceedings will be in a different immigration court. After your release, a Motion to Change Venue will be filed so that your next hearing will be scheduled at the immigration court nearest to the home address you provided to the court upon your release. You will be mailed a notice of the date and location of your next hearing.
It is important to appear at all immigration court proceedings. If you do not, you will be ordered to be removed from the U.S., and you will give up the bond amount paid. If you complete your immigration proceedings and either retain legal status in the U.S. or timely depart following a removal order, the obligor will be able to get their bond money back.