Understanding Immigration Bonds: Who is Eligible and How to Apply

For individuals detained by U.S. Immigration and Customs Enforcement (ICE), obtaining an immigration bond can be the key to securing release from detention while awaiting court proceedings. However, eligibility for an immigration bond depends on several specific criteria, and not everyone detained by ICE qualifies. This article outlines who is eligible for an immigration bond, the process of applying for one, and the types of evidence needed to improve your chances of release.

At Big River Trial Attorneys, we understand the complexities of the immigration system and are here to support detainees and their families through every step of the bond process. Whether you’re located in Baton Rouge, Louisiana, or elsewhere, this guide will provide a detailed look into the eligibility requirements and application process for immigration bonds.

1. Who is Eligible for an Immigration Bond?

An immigration bond allows an individual detained by ICE to be released temporarily, pending a hearing or other immigration-related proceedings. However, not everyone qualifies. Under U.S. immigration law, eligibility for a bond depends on various factors, including an individual’s criminal history, immigration record, and classification under immigration law.

Key Criteria for Eligibility

1. No Prior Deportation Orders: Individuals with prior deportation or removal orders generally do not qualify for an immigration bond. ICE considers these individuals at a higher risk of absconding or failing to attend future hearings, so bond eligibility is limited.
2. Not an Arriving Alien: “Arriving aliens” are those who have recently entered the U.S. without inspection or authorization, including asylum seekers at the border. Arriving aliens are typically ineligible for an immigration bond, as they are considered more likely to have unclear legal status, which limits bond eligibility.
3. No Certain Criminal Convictions: Most individuals with certain criminal convictions, particularly drug-related crimes or aggravated felonies, are ineligible for a bond. Aggravated felonies under U.S. immigration law are broad and can include serious crimes such as murder, rape, drug trafficking, and fraud with a sentence of over a year. Even if a conviction doesn’t fall under these specific categories, ICE may consider other factors in determining eligibility.
4. Other Considerations: If ICE or an immigration judge determines that an individual poses a danger to the community or a significant flight risk, they may not be eligible for a bond. This assessment often involves looking at an individual’s personal history, family ties in the U.S., and employment history.

2. Types of Immigration Bonds

If deemed eligible, an individual may be able to apply for one of two types of immigration bonds:

1. Delivery Bond: This type of bond allows a detainee to be released from detention with the understanding that they will appear for all required immigration hearings. If the individual misses any hearings, the bond amount will be forfeited.
2. Voluntary Departure Bond: This bond allows the detainee to be released with the agreement that they will voluntarily leave the U.S. by a specified date. The bond amount is refundable if the individual exits the country as promised, but if they fail to leave, the bond is forfeited.

3. How to Apply for an Immigration Bond

Applying for an immigration bond is a detailed process that involves submitting documents, presenting evidence, and attending hearings. Here’s an overview of each step:

Step 1: Request a Bond Hearing

To apply for a bond, an individual or their attorney must first request a bond hearing before an immigration judge. This hearing is separate from any removal hearings. At the bond hearing, the judge reviews the detainee’s eligibility, assesses risk factors, and sets a bond amount if the individual qualifies.

Step 2: Gather Supporting Evidence

Strong evidence is critical in persuading an immigration judge to grant bond and set a reasonable amount. Evidence should focus on demonstrating that the individual is neither a flight risk nor a danger to the community. Key documents include:

• Proof of Residency: Documents showing the detainee has lived in the U.S. for a significant period.
• Family Ties in the U.S.: Evidence of close relationships with family members who are U.S. citizens or lawful residents.
• Employment Verification: Proof of stable employment, such as a letter from an employer, pay stubs, or tax returns.
• Community Involvement: Letters of support from community members, religious leaders, or colleagues.
• Medical Records: If the detainee has health conditions that would be better managed outside detention, providing medical documentation can be helpful.

Step 3: Attend the Bond Hearing

At the hearing, the individual’s attorney presents the evidence, argues their eligibility, and addresses the criteria for bond eligibility. The immigration judge considers all evidence and can approve, deny, or adjust the bond amount.

4. Evidence to Present for Bond Approval

An immigration judge looks at various factors to determine if a detainee is eligible for bond. The two primary criteria are whether the individual poses a flight risk and whether they represent a danger to the community.

1. Flight Risk

To demonstrate that they are not a flight risk, the individual must show they have substantial ties to the U.S. and are likely to attend all scheduled hearings. Evidence of stability, strong community roots, and ongoing responsibilities in the U.S. can help demonstrate this.

• Family Connections: Presenting documents showing that the detainee has close family in the U.S., particularly if they are dependents or U.S. citizens, can reassure the judge of the individual’s intention to stay.
• Employment Evidence: Employment records or employer statements showing ongoing job commitments make it less likely that the individual will abscond. Employment serves as a tangible sign of stability and integration into the community.
• Property Ownership: Proof of property ownership or rental agreements also suggests that the individual has significant personal and financial ties to the country.

2. No Danger to the Community

If the individual has no criminal history or past convictions, they may submit a statement or records showing their clean record to demonstrate they are not a danger. However, if they do have a criminal history, they should prepare supporting documents or testimonials to show rehabilitation or steps taken toward personal improvement.

• Character References: Letters from family members, religious leaders, friends, or community members vouching for the detainee’s character and contributions to the community can play a crucial role in reassuring the judge.
• Lack of Criminal Record: Providing a copy of a clean criminal record, or an explanation for minor infractions or offenses, if applicable, can help paint a positive picture of the individual’s character.

5. What Happens After Bond Is Granted?

If a bond is granted, it must be paid in full to secure the individual’s release. This amount can vary widely based on factors such as criminal history, risk level, and family circumstances, but it generally ranges from $1,500 to several thousand dollars. Bonds can be paid by friends or family members at ICE’s Enforcement and Removal Operations (ERO) office.

Once released, the individual is expected to attend all future immigration hearings and follow any other conditions set by the judge. Missing a hearing can lead to bond forfeiture and potentially worsen their immigration status.

6. What If Bond Is Denied?

If the bond request is denied, the individual’s attorney can file a written appeal with the Board of Immigration Appeals (BIA). This appeal must be filed within 30 days of the denial and is reviewed by a panel to determine if the decision should be overturned. This process can take several months, so patience and persistence are key.

Conclusion: Navigating Immigration Bond Eligibility

Understanding and navigating the bond process can be overwhelming, especially under stressful conditions like ICE detention. Eligibility for an immigration bond depends on numerous factors, including the detainee’s criminal record, family ties, employment, and other personal history details. At Big River Trial Attorneys, we’re committed to guiding clients through each step of this process with comprehensive legal representation.

If you or a loved one is facing detention in Louisiana or elsewhere, contact us at Big River Trial Attorneys. Our experienced immigration attorneys in Baton Rouge can assess your eligibility for an immigration bond, help you gather critical evidence, and represent your case at bond hearings. With the right legal support, you can take meaningful steps toward a fair and just outcome in your immigration case.