Wichita Bail Bonds Blog

Undocumented immigrants can sometimes get bail, but it depends on their individual case and the discretion of an immigration judge. Immigration bail, often called an immigration bond, allows detainees to be released from custody while their case moves through the immigration court system. Eligibility depends on the person’s criminal history, risk of flight, and the strength of their case.

Who Decides If Bail Is Granted

Immigration bail is determined either by Immigration and Customs Enforcement (ICE) or by an immigration judge. ICE officers can set an initial bond amount after detention. If bail is denied, the detainee can request a bond hearing before a judge. The judge then evaluates whether release would pose a threat to public safety or risk of absconding before making a decision.

Types Of Immigration Bonds

There are two main types of immigration bonds available for undocumented immigrants.

• Delivery bond – This allows a detainee to be released while their case is pending, as long as they attend all immigration hearings.
• Voluntary departure bond – This applies when an individual agrees to leave the U.S. voluntarily within a specified period. The bond is refunded after proof of departure.

How Immigration Bond Amounts Are Set

The amount of bail depends on several factors, including the individual’s immigration history, community ties, employment, and criminal background. Bail can range from $1,500 to over $15,000. Family members can pay the bond directly to ICE, or they can use an immigration bail bondsman for a fee, typically around 15–20% of the bond amount.

What Happens After Release

Once released, the individual must follow all immigration court requirements and appear for every hearing. Failure to do so results in bond forfeiture and a potential deportation order. Those who comply and attend all hearings can have the bond amount refunded at the end of their case.

Undocumented immigrants can receive bail under certain circumstances, but approval depends on the judge’s assessment of flight risk and public safety. Meeting all court obligations after release is essential. An experienced immigration attorney can guide families through the process and improve the chances of securing a fair bond decision.