Wichita Bail Bonds Blog

Not everyone detained by immigration authorities qualifies for an immigration bond. People who pose a public safety risk, have certain criminal convictions, or fall under mandatory detention laws are generally not eligible. Immigration bonds are designed to allow detainees to remain free while their cases move through immigration court, but eligibility depends on both the individual’s record and immigration status. Understanding who does not qualify helps families prepare for realistic next steps if a loved one is detained.

What An Immigration Bond Is

An immigration bond is a payment made to the U.S. Department of Homeland Security (DHS) that allows a detained non-citizen to be released from custody while awaiting immigration hearings. The bond guarantees that the individual will appear at all scheduled court proceedings and comply with the final immigration decision. However, not everyone detained by Immigration and Customs Enforcement (ICE) has the right to request a bond hearing or be released on bond.

Individuals Not Eligible For An Immigration Bond

The following groups of people are generally not eligible for an immigration bond due to security risks, criminal convictions, or specific immigration violations.

• People subject to mandatory detention – Individuals detained under INA §236(c) (the Immigration and Nationality Act) are automatically held without bond. This includes certain criminal offenders and those involved in terrorism or national security concerns.
• Serious criminal offenders – Anyone convicted of aggravated felonies, crimes of moral turpitude, drug trafficking, or violent offenses is not eligible for release on bond.
• Individuals with prior deportation orders – If someone has been previously removed from the United States and reenters illegally, they are typically ineligible for bond and may face reinstatement of the prior order of removal.
• Suspected threats to public safety or flight risk – ICE or an immigration judge can deny bond if the person poses a danger to the community or is likely to flee and fail to attend hearings.
• Arriving aliens – Immigrants apprehended at the border or airport while attempting to enter the U.S. (without prior admission or valid documents) are not eligible for bond under immigration law.
• Those in expedited removal proceedings – Individuals subject to expedited removal who cannot demonstrate credible fear of persecution are ineligible for bond and are held until deportation.

Mandatory Detention Under Federal Law

Under federal statute INA §236(c), certain categories of non-citizens must remain in detention without the possibility of bond. These include individuals who…

• Have been convicted of two or more crimes involving moral turpitude.
• Have any drug-related convictions (other than simple possession of marijuana under 30 grams).
• Have committed aggravated felonies or firearms offenses.
• Are engaged in or suspected of terrorist activity.

Even if a person has a long history in the U.S. or strong family ties, the law requires detention without bond for these cases until the immigration court process is complete.

When Bond May Be Denied

Even if someone is technically eligible for a bond hearing, an immigration judge may still deny bond for reasons such as:

• Prior failures to appear in immigration or criminal court.
• Inconsistent or false statements to immigration officials.
• Pending serious criminal charges that increase the risk of flight.
• Evidence that the individual poses a risk to national or community safety.

Each case is unique, and judges have discretion to grant or deny bond based on the detainee’s background and perceived risk.

Alternatives For Those Not Eligible

When an individual is ineligible for a bond, there are still some legal options to explore. These may include…

• Filing a motion to reopen or appeal if there is a prior removal order.
• Requesting parole release through ICE for humanitarian or medical reasons.
• Applying for relief such as asylum, cancellation of removal, or adjustment of status that may eventually allow release.

Legal representation is critical in these cases because an experienced immigration attorney can determine whether a person truly falls under mandatory detention or may still qualify for a hearing.