How Can an Immigrant Obtain a Bond to Be Released From Detention?

 Posted on December 30, 2021 in Immigration

People who have immigrated to the United States may be concerned about the possibility of deportation. Immigration and Customs Enforcement (ICE) may detain an immigrant for a variety of reasons, including a belief that a person has violated immigration laws, entered the U.S. without authorization, stayed after the expiration of a visa, or committed certain types of criminal offenses. In these situations, a person will usually want to be released from detention while their case is ongoing, and this will allow them to return to their home and maintain employment. In many cases, an immigrant will need to pay an immigration bond, and they will need to attend a detention bond hearing to determine whether they are eligible for this type of bond and set the amount that will need to be paid before they can be released.

Demonstrating Eligibility for an Immigration Bond

In some cases, ICE may set an immigration bond after a person is detained. If a bond is denied, a person may request a detention bond hearing. This hearing will be held before an immigration judge, who will review the facts of the case to determine whether a person is eligible to be released. In some cases, “mandatory detention” will apply, and a bond will not be available. A person may be subject to mandatory detention if they entered the United States unlawfully, if they are suspected of engaging in terrorism, or if they are accused of crimes of moral turpitude that are grounds for deportation.

During a detention bond hearing, the immigration judge will review the available evidence to determine whether a person presents a potential danger to public safety or the national security of the United States. They may consider a person’s previous criminal convictions and any accusations of wrongdoing, including claims that they have committed domestic violence, theft, or assault. The judge will also consider whether a person is a flight risk, meaning that they may attempt to avoid deportation by leaving the area and failing to appear for future hearings. 

In many cases, the decision of whether to issue an immigration bond will depend on a person’s ties to the community, since a person who is involved in their local community will be less likely to be a flight risk. A judge may look at:

• The amount of time the person has resided in the United States, whether they have a fixed address, and whether they currently own a home or are regularly paying rent to live in a house or apartment.
• The person’s ties to family in the United States, including their spouse, children, or other family members who live in the same home or other extended family members who live in their community.
• The person’s employment history, including whether they are currently employed, the amount of time they have worked at their current job or previous jobs, and whether they have any extended periods of unemployment.
• Whether the person has regularly paid taxes while living in the United States.
• Other types of community involvement, such as regularly attending religious services at a church, temple, or mosque or volunteering with local organizations.

Contact Our Orlando Immigration Detention Bond Attorneys

At Vasquez Law Firm, PLLC, we provide legal help and representation in multiple matters related to immigration, including immigration detention bond hearings. If you or a member of your family have been detained by ICE, we can help you demonstrate that you are eligible for an immigration bond, and we will provide you with representation as you defend against deportation or address other related legal issues. Contact our Orange County immigration bond lawyers at 407-955-5000 to set up a complimentary consultation.

Sources:

https://www.justice.gov/eoir/eoir-policy-manual/9/3

https://www.law.cornell.edu/uscode/text/8/1226

https://sgp.fas.org/crs/homesec/R45915.pdf