Steps to apply for a bond in immigration detention

If you or a loved one is detained by Immigration and Customs Enforcement (ICE), applying for a bond can secure release while the immigration case is pending. Here are the steps involved in applying for a bond in immigration detention:

1. Determine Bond Eligibility

Not everyone in immigration detention is eligible for bond. You may be ineligible if:

  • You have certain criminal convictions

  • You are considered a danger to the community or a flight risk

  • You are subject to mandatory detention under immigration law

Tip: Consult an experienced immigration attorney to assess your eligibility.

2. Request a Bond Hearing

If you are eligible, you or your attorney can request a bond hearing. This can be done in one of two ways:

  • Verbally: Request a bond hearing during your first Master Calendar Hearing

  • In Writing: File a written motion for a bond hearing with the immigration court

Tip: Include supporting documents with your motion to strengthen your case.

3. Prepare for the Bond Hearing

The bond hearing is your opportunity to demonstrate to the judge that you deserve release. Preparation involves:

  • Gathering Supporting Evidence: Collect documents that show strong ties to the community, stable employment, and good moral character. Examples include:

    • Proof of identity (passport, driver’s license)

    • Utility bills or lease agreements showing your address

    • Pay stubs, tax returns, or a letter from your employer

    • Letters of support from family, friends, or community members

    • Evidence of any community involvement or volunteer work

  • Identifying a Sponsor: A sponsor (e.g., a family member or close friend) should be willing to provide financial support and ensure your attendance at all court hearings.

  • Addressing Any Criminal History: If you have a criminal record, provide evidence of rehabilitation, such as completion of community service or treatment programs.

4. Attend the Bond Hearing

During the hearing:

  • Your attorney will present evidence and argue why you should be released on bond

  • The government attorney may argue against your release, claiming you are a flight risk or a danger to the community

  • The immigration judge will consider the evidence and make a decision on whether to grant bond and set the amount

Tip: Remain respectful and professional during the hearing, as this reflects positively on your case.

5. Pay the Bond

If the judge grants bond, you or someone on your behalf must:

  • Pay the bond amount in full to ICE at a designated ICE office

  • Payments must usually be made by cashier’s check or money order

  • Once the bond is paid, the detained individual will be released

Tip: Retain all receipts and documentation of the bond payment.

6. Comply with Bond Conditions

After release, it is essential to comply with all bond conditions, which typically include:

  • Attending all scheduled court hearings

  • Updating your address with the immigration court and ICE if you move

Failure to comply with these conditions could result in bond revocation and re-detention

7. Seek Legal Representation

Navigating the bond process can be complex. An experienced immigration attorney can:

  • Assess your eligibility

  • Gather and organize evidence

  • Advocate for a lower bond amount during the hearing

Key Takeaways

  • Bond is a critical opportunity for release while your immigration case is pending

  • Strong evidence and preparation are essential for a successful bond request

  • Compliance with bond conditions is mandatory to avoid re-detention

At Umana Law Office, we are committed to helping you or your loved ones secure bond and navigate the immigration process with confidence. Contact us for assistance with your bond application today.