Wichita Bail Bonds Blog

Immigration bail is a process that allows a non-citizen who has been detained by immigration authorities to be released from custody while their immigration case is pending. It is similar to criminal bail, but handled through the immigration court system and U.S. Immigration and Customs Enforcement (ICE). Securing immigration bail requires meeting legal requirements and convincing the authorities that the person is not a flight risk or danger to the community.

Who Can Request Immigration Bail?

Not every detainee is eligible for immigration bail. In general, the person must,

• Not be subject to mandatory detention for serious crimes
• Have no outstanding orders of removal or deportation
• Not be considered a threat to public safety or national security

Those with prior criminal records, especially for violent or drug-related offenses, may not qualify. Each case is reviewed individually by ICE or an immigration judge.

How to Request Immigration Bail

The process for requesting immigration bail usually involves these steps,

• Step 1 – ICE custody determination
  ICE has the authority to set bond when a person is first detained. If ICE sets a bond amount, it can be paid directly to secure release.
• Step 2 – Bond hearing
  If ICE refuses to set bond, the detainee or their attorney can file a request for a bond hearing before an immigration judge. This is usually done through a written motion or oral request.
• Step 3 – Bond hearing presentation
  At the hearing, the detainee must present evidence that they are not a danger and will attend all future court dates. This can include:
  • Letters from family or employers
  • Proof of address or legal status of family members
  • Community support or volunteer work
• Step 4 – Judge’s decision
  The judge may grant bond, deny bond, or set a higher amount based on the evidence. The decision is usually given at the end of the hearing.

How Much Is Immigration Bond?

The minimum amount for an immigration bond is usually $1,500, but it can be much higher depending on the case. Factors that influence the bond amount include,

• The severity of any criminal charges
• The strength of community ties
• Likelihood of attending court hearings

The bond must be paid in full to ICE in the form of a cashier’s check or money order. A family member or sponsor with legal status in the U.S. can post the bond.

What Happens After Bond Is Posted?

Once the bond is paid and accepted, the detainee is released from custody. They must then attend all immigration court hearings and comply with any conditions of release. Failure to appear can result in bond forfeiture and removal orders.

Getting immigration bail involves convincing ICE or an immigration judge that the detainee is eligible, trustworthy, and has strong community support. The process can be complex and may require legal assistance. If successful, the person can remain outside of detention while their immigration case is resolved. Following all instructions and attending all court hearings is critical to avoid bond cancellation and further legal problems.