Immigration Bond Hearing: How to Get Bond After ICE Arrest
Arrested by ICE? Learn how to request an immigration bond hearing, who qualifies, key steps, and what to expect in immigration court.
After an ICE arrest, you can request an immigration bond hearing before an immigration judge to be released from detention. To qualify, you must not fall into a mandatory detention category. If the judge grants bond, someone pays it and you are released while your case proceeds. Check current bond amounts and fee details on the official ICE website.
What Is an Immigration Bond Hearing?
An immigration bond hearing is a proceeding before an immigration judge where a detained individual asks to be released from ICE custody by having a bond amount set. It is separate from the main deportation proceeding. The judge evaluates two key factors: whether you are a flight risk and whether you pose a danger to the community. If the judge is satisfied on both counts, bond is set and you or your family can pay it to secure your release.
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Who Qualifies — and Who Does Not
Not everyone detained by ICE is eligible for a bond hearing. You are generally eligible if you:
- Entered the U.S. legally or have a colorable claim to lawful status
- Are not subject to mandatory detention under INA §236(c)
- Have not been issued a final order of removal
You are typically not eligible for a bond hearing if you:
- Have certain criminal convictions triggering mandatory detention (INA §236(c))
- Are subject to expedited removal proceedings
- Have already received a final order of removal
- Are deemed an arriving alien at a port of entry
Step-by-Step: How to Get a Bond Hearing After an ICE Arrest
- Locate the detained person. Use the ICE Online Detainee Locator at ice.gov to find which detention facility holds the individual.
- Contact an immigration attorney immediately. Legal representation dramatically improves bond hearing outcomes. Reach out to qualified counsel as soon as possible after arrest.
- Request a bond hearing. Your attorney files a written request with the immigration court, or the request can be made orally at the first Master Calendar Hearing.
- Gather supporting documents. Collect evidence of community ties: employment records, family relationships, lease agreements, tax returns, letters of support, and evidence of no criminal history.
- Attend the bond hearing. The immigration judge reviews the evidence and arguments from both sides. ICE counsel may oppose or request a higher bond amount.
- Pay the bond if granted. If bond is set, it must be paid to ICE. The current fee schedule is available on the official ICE website. After payment, the detainee is released pending further court dates.
What the Law Says
Immigration detention and bond are governed primarily by INA §236 (8 U.S.C. §1226). Under INA §236(a), the Attorney General may arrest and detain or release a non-citizen on bond during removal proceedings. Mandatory detention without the possibility of bond applies under INA §236(c) for non-citizens with specified criminal convictions.
The immigration judge's bond decision can be appealed to the Board of Immigration Appeals (BIA) within 30 days of the decision. Either party — the detainee or ICE — may appeal. Additionally, if circumstances change after a bond denial, a Motion to Reopen the bond hearing may be filed within 90 days. Regulations governing bond proceedings are found in 8 CFR §1003.19. For authoritative legal resources, consult the U.S. Department of Justice.
How to Strengthen Your Bond Case
Immigration judges weigh evidence carefully. To present the strongest case:
- Show deep community ties — U.S. citizen or LPR family members carry significant weight
- Demonstrate a history of compliance with immigration proceedings
- Provide evidence of stable employment or financial support
- Submit character reference letters from community leaders, employers, or religious organizations
- Address any criminal history proactively with context and rehabilitation evidence
This material is for informational purposes only and does not constitute legal advice
Frequently Asked Questions
how long does an immigration bond hearing take after ICE arrest
The timeline varies by detention facility and immigration court caseload. In some courts a bond hearing can be scheduled within days of a request; in others it may take several weeks. Your attorney can request an expedited hearing if there are urgent circumstances. Check the specific immigration court's schedule through the DOJ Executive Office for Immigration Review (EOIR).
what happens if immigration judge denies bond
If bond is denied, you have two main options: (1) appeal the bond decision to the Board of Immigration Appeals (BIA) within 30 days, or (2) file a Motion to Reopen the bond hearing within 90 days if new evidence or changed circumstances exist. In some cases, a federal habeas corpus petition under 28 U.S.C. §2241 may be filed to challenge prolonged detention.
can ICE detain you without a bond hearing
Yes. Under INA §236(c), individuals with certain criminal convictions are subject to mandatory detention — meaning no bond hearing is available and they must remain in custody throughout removal proceedings. Expedited removal cases and arriving aliens at ports of entry are also typically ineligible for a bond hearing.
how much does immigration bond cost after ICE arrest
Immigration bonds typically start at $1,500, but judges can set them much higher — sometimes $10,000 or more — depending on flight risk and other factors. An I-246 Stay of Deportation, a separate form of relief, currently carries a fee of $155. Always verify current fee amounts on the official ICE website, as they are subject to change.