Wichita Bail Bonds Blog

In most cases, arriving aliens cannot get a bond through the normal immigration bond process. Under U.S. immigration law, individuals classified as “arriving aliens” are those seeking admission at a port of entry or who were stopped at the border before officially entering the United States. Because they are considered applicants for admission rather than established residents, their detention and release fall under the discretion of the Department of Homeland Security (DHS), not the immigration court. This means that most arriving aliens are held in custody without the option of a bond hearing before an immigration judge.

Definition Of An Arriving Alien

U.S. immigration law defines an arriving alien as a person who is…

• Applying for admission at a port of entry, such as an airport or border checkpoint.
• Stopped by immigration officers shortly after crossing the border without inspection.
• Returning to the United States on advance parole or pending immigration proceedings.

This classification matters because it determines who controls custody decisions and what release options are available. Unlike other detainees, arriving aliens are subject to federal regulations that give DHS full authority over detention and release.

Why Arriving Aliens Usually Cannot Get a Bond

Immigration judges have no jurisdiction to issue bonds for arriving aliens. According to federal regulations, only DHS, through Immigration and Customs Enforcement (ICE), can decide whether to release an arriving alien on parole. The government treats them as individuals who have not been formally admitted into the country, even if they are physically present. Because of this status, they do not qualify for a bond hearing like other non-citizens already residing in the U.S.

• No immigration judge authority – Bond hearings before judges are limited to individuals already inside the country, not arriving aliens.
• DHS discretion – Only ICE officers can decide to grant or deny parole or release under supervision.
• National security and flight risk – DHS often denies release to those considered security risks or unlikely to appear for hearings.

When Arriving, Aliens Can Be Released

Although most arriving aliens are not eligible for bond, DHS can choose to release some under “humanitarian parole” or “conditional parole.” This release is not a bond but a temporary permission to enter or remain in the U.S. while the immigration case proceeds. Parole may be granted for reasons such as…

• Medical emergencies require urgent treatment.
• Pregnancy, disability, or vulnerable family circumstances.
• Assistance in an ongoing criminal or immigration investigation.
• Significant humanitarian or public interest considerations.

Parole decisions are made case by case and are not guaranteed. If DHS grants parole, it usually comes with strict conditions such as reporting to ICE regularly, avoiding travel outside specific areas, or wearing an electronic monitor.

Difference Between Arriving Aliens & Other Detainees

Non-citizens already living in the United States before being detained, such as lawful permanent residents or visa holders, are usually eligible for a bond hearing before an immigration judge. Arriving aliens, by contrast, must rely solely on DHS for release. This distinction often makes their detention longer and harder to challenge in court.

• Arriving aliens – Not eligible for bond, release only possible through DHS parole.
• Non-arriving aliens – Eligible for bond hearings before an immigration judge to determine release conditions.

Appealing Custody Decisions

Arriving aliens who are denied parole can request a custody review from ICE, but immigration courts cannot overturn the decision. Legal representatives can submit evidence showing strong humanitarian grounds, community ties, or support from sponsors in the United States to improve the chance of release.

Arriving aliens are usually ineligible for bond because they are legally considered applicants for entry rather than admitted individuals. Only DHS can authorize their release through discretionary parole, which is reserved for special humanitarian or public interest cases.