Under the law, some people are not eligible for bond, and must remain in the detention facility until an immigration judge decides whether they should be removed (deported). If the ICE deportation officer tells you that the detainee “has no bond,” ask the officer whether that means the amount of the bond has not been determined yet, or whether it means the detainee is not eligible for bond. If you’re told that the detainee is not eligible for bond, you might want to consult with an immigration lawyer to see whether ICE is correct.
If the detainee is eligible for a bond, ICE will tell you what the amount they want you to pay. If you can’t pay that amount, or if you think it’s too high, you or the detainee’s attorney can make a motion for a “bond hearing.” Every detainee is entitled to a bond hearing to determine whether the detainee can be released or how much the bond should be. You don’t have to wait for your first scheduled court date to have the judge decide about bond—you can ask the court to schedule your bond hearing as soon as possible.
At the bond hearing, the immigration judge may either find that the detainee is subject to mandatory detention, or that the detainee can be released on a bond. If the judge finds that the detainee should be released and ICE has set no bond amount yet, the judge will set a bond amount that must be paid before release. If you are challenging the amount set by ICE, the judge will determine how much the bond will be. The judge will want to know whether the detainee is likely to show up to future immigration court hearings, and whether the detainee would be a danger to the community if released from the detention facility. Be careful about asking the judge to change the bond amount—the judge has the power to lower the amount but also the power to raise the amount if something bad about you comes up during the bond hearing.
