Similar to bail or bond in criminal proceedings, bond in immigration proceedings is a sum of money paid by or on behalf of the detained individual to secure their release from custody. Bond is not available to all individuals arrested by ICE, but rather, it is determined on a case-by-case basis.
Understanding Bond Hearings in Immigration Removal Proceedings
Some individuals are offered a bond by ICE when they are first taken into ICE custody. Bond amounts cannot be less than $1,500 and can range into the tens of thousands of dollars. Detainees who are not offered bond by ICE, or who were offered bond that they were unable or unwilling to pay, have the opportunity to seek bond in front of an immigration judge. A bond hearing may be requested by a detainee or their attorney orally or in writing.
Bond proceedings are separate from removal proceedings. Regardless of whether a detainee is ultimately granted bond, the removal proceedings initiated against that individual will proceed. That individual may or may not ultimately be removed from the country.
Some detainees are statutorily ineligible for bond, meaning that ICE and the Immigration Judge are not legally permitted to grant them bond, and they must therefore be detained throughout the resolution of their cases. This is called mandatory detention, and it applies to detainees convicted of certain crimes, those convicted of two or more crimes with specific imprisonment sentences, those who entered the country illegally, those who engaged in terrorist activities, and those who fall into several other particular categories. While such detainees are ineligible to apply for bond, ICE may still release them on parole (often with an ankle monitor and/or periodic check-in requirements) in certain circumstances, including when their continued detention is not in the public interest.
Factors Immigration Judges Consider When Granting Bond
In determining whether to grant a bond and, if granted, the amount of bond to be paid, an Immigration Judge will first evaluate whether a detainee poses a danger to the community and whether the detainee is a flight risk. If the Judge determines that a detainee poses a threat to the community or represents a flight risk, the judge will deny bond. A detainee’s criminal history, previous gang involvement, and previous attempts to evade prosecution or violate immigration laws may weigh on this determination, among other factors.
Even if the judge determines that a detainee is neither a danger to the community nor a flight risk, that does not necessarily mean the detainee will be granted bond. The judge will also evaluate various factors and determine whether granting bond is equitable under the circumstances. Examples of such factors include, but are not limited to, the detainee’s criminal history, immigration violations, length of residence in the United States, family ties in the United States, and employment history.
Legal Guidance for Immigrants Facing Detention in Pennsylvania
If a detainee is granted bond, the bond must be paid for them to be released from detention. Oftentimes, family members, friends, or bail bondsmen pay the bond for the detainee. Once the detainee is released on bond, they must show up for all future immigration court hearings, or the bond will be forfeited. Once a case is concluded, the bond can be returned to the individual(s) who paid it, with interest, provided the former detainee fully complied with all requirements, instructions, and orders of the Immigration Court. In some instances, it is possible to request a bond redetermination or appeal a bond denial.
If you are interested in learning more about bonds in removal proceedings, please call Tanner Law at 717-731-8114 or contact us online to schedule a consultation with one of our attorneys.