Immigrants & Immigration

Being released on bond means a person in immigration detention can leave if they pay money, called a bond. They must also follow certain rules. If they do not pay or break the rules, they can be put back in detention.

Not everyone in immigration custody can be released on bond. Some people are kept in mandatory detention, which means they must stay in detention while their case goes on.

Who can get bond is complicated. For example, certain criminal convictions can make a person not eligible for bond. Also, as of September 5, 2025, a person who entered the US without seeing an immigration officer, also known as "entering without inspection" or "EWI", is not eligible for bond. However, people who EWI'd might want to still ask to see an immigration judge to request to be released from detention. The judge may be able to release a person from detention through a different process called "parole".

Because the rules are complex, a person in detention should talk to an immigration lawyer to find out if they qualify for bond and to make a case for parole.

A US Immigration and Customs Enforcement (ICE) officer makes the first decision about bond. When someone is taken into custody, ICE gives them a notice called a Form I-286 notice. This notice says if the person can get bond. If ICE says they are eligible, the officer also sets the bond amount.

If ICE does not set a bond or sets the amount very high, the person can ask for a bond hearing with an immigration judge (IJ). The judge can decide whether to set a bond or lower the amount.

When deciding about bond, the judge looks mainly at two things:

• If the person could be a danger to the community, and
• How likely it is that the person will miss court or not follow immigration rules.

There are four ways a person in immigration detention can ask for a bond hearing with an immigration judge (IJ):

• Form I-286 (Notice of Custody Determination): US Immigration and Customs Enforcement (ICE) gives this form to people in detention. They can check the box asking for a judge to review ICE’s custody decision.
• By telephone: Sometimes an immigration judge may allow a request by phone.
• In court: A person can ask the judge at their first immigration court date.
• Written motion: A person can file a written request (called a motion) for a bond hearing.

If someone files a written motion at the Chicago Immigration Court, they must:

• Send a copy of the motion to the ICE Office of the Chief Counsel at 55 E. Monroe St, Suite 1400, Chicago, IL 60603.
• State in the motion their motion to the Chicago Immigration Court that they gave ICE a copy.

At a bond hearing, a person should give the judge evidence showing they are not:

• A flight risk (likely to miss court),
• A danger to the community, or
• A risk to the security of the United States.

The immigration judge (IJ) will also consider whether the person has any way to stay lawfully in the US. Judges can look at almost any type of evidence, including:

• Testimony (statements) from the person or from family, friends, or others,
• Proof of community ties, such as having family in the area, belonging to a church or community group, or volunteering,
• Proof of employment,
• How long the person has lived in the United States, and
• Criminal history.

The lawyer for US Immigration and Customs Enforcement (ICE) can also show documents and evidence. Having an immigration lawyer can help a person prepare the strongest case and respond to ICE’s arguments.

The more types of documents a person can show, the stronger their case may be. A person in detention can give the immigration judge (IJ) documents that show rehabilitation, family ties, financial stability, or community support. Examples include:

• Rehabilitation
  • Letters from a counselor or parole officer showing progress after a past crime,
  • Proof of alcohol treatment (classes, Alcoholics Anonymous meetings, in-patient or out-patient programs),
  • A certified court statement showing probation was completed, or
  • Certificates for classes or degrees finished while in jail.
• Family ties
  • A marriage certificate,
  • Birth certificates of children, or
  • Proof of child support payments.
• Financial stability
  • A letter from an employer showing a job is available,
  • A home deed with proof of mortgage payments, or a rental lease,
  • Proof of ownership of other property, such as a car, or
  • Copies of income tax returns showing taxes paid with a valid ITIN or Social Security number.
• Community support
  • Educational degrees or certificates, or
  • Letters of support from community leaders, religious leaders, neighbors, friends, or family (with a copy of the writer’s government ID or notarization, if possible).

Important: Any document in a foreign language must be translated into English. The translator must also sign and date a certificate saying they are competent in both languages and that the translation is complete and accurate.

Yes. An immigrant can appeal by filing a form EOIR-26. 

The appeal must be received by the Board of Immigration Appeals in Falls Church, VA within 30 days of the bond decision.​​

Yes. At the end of the case, the person who paid the bond (called the bond obligor) can get the money back from the government if the immigrant does all of the following:

• Goes to every court appearance and any other appointment set by US Immigration and Customs Enforcement (ICE),
• Does not get any new criminal convictions, and
• Follows any order to leave the United States.

A bond is meant to guarantee the person will appear at all hearings, so they do not have to stay in detention. The minimum bond amount is $1,500, and it must be paid in full in one payment.

Once the immigrant meets all the bond conditions, the bond is canceled. ICE will send a notice of cancellation (Form I-391) to the address on the bond paperwork. To get the bond money back, the bond obligor must mail the Form I-391 notice and the original bond receipt (Form I-305) to:

Debt Management Center
Attention Bond Unit
PO Box 5000
Williston, VT 05495-5000

The bond obligor will have to pay the entire amount of the bond set by the immigration judge (IJ). The bond obligor must pay the full amount set by the IJ. Some private bonding companies let people pay part of the bond up front and the rest later, but they charge a fee for this service.

Some courts have said it is unconstitutional to hold someone in mandatory detention for a very long time while their removal case is still pending.

If this happens, the person can ask for release by filing a habeas corpus petition in federal court. This type of action challenges the detention itself, but it does not give immigration relief. The rules for habeas corpus are complicated, so it is best to have an attorney file the petition.