When someone is detained by immigration authorities in the United States, one of the first questions that comes up is: Can I be released on bond? An immigration bond allows certain individuals in detention to be released while their immigration case is pending. However, not everyone qualifies. In this blog, we explain who may be eligible, who is not, and what factors judges consider during a bond hearing.
What Is an Immigration Bond?
An immigration bond is a sum of money paid to the government as a guarantee that the person released from detention will attend all their immigration court hearings. It does not mean the person is allowed to stay in the U.S. permanently—it simply allows them to be free while their case is being processed.
Who Qualifies for a Bond?
While each case is unique, people who generally qualify for an immigration bond include those who:
- Do not have a serious criminal history, such as aggravated felony convictions.
- Are not considered a danger to public safety, meaning they have no history of violence or threats.
- Have strong ties to the community, such as close family, steady employment, or involvement in religious or community organizations.
- Are not a flight risk, meaning they are likely to attend all immigration court hearings.
These factors can be presented during a bond hearing, where an immigration judge makes the final decision on whether to grant bond and how much it should be.
Who Does Not Qualify for a Bond?
Certain individuals are subject to mandatory detention by law, meaning they cannot be released on bond. These may include:
- People with a final order of removal.
- Individuals who were detained at a port of entry or immediately after entering the U.S..
- Those who have previously been deported and reentered without permission.
- People with certain criminal convictions, especially involving drugs, violence, or national security.
- Individuals placed in expedited removal proceedings or considered applicants for admission without lawful status.
In 2025, immigration enforcement policies have tightened further, making it even harder for people who entered without authorization or were released on parole to obtain a bond.
How Does the Judge Decide?
At the bond hearing, the immigration judge will consider:
- Your criminal and immigration history.
- Whether you pose a danger to the community.
- Your family, work, and community ties.
- Evidence that you will attend all future court hearings.
You can submit letters of support, proof of employment, school records for your children, rent agreements, and other documents to demonstrate that you are not a danger or a flight risk.
Need Help with an Immigration Bond?
At J. Molina Law Firm, we understand how stressful it is to have a loved one detained. Our legal team is experienced in preparing strong bond requests and representing clients at hearings to fight for their release.
Call us today for a confidential consultation. Your freedom and your future deserve a trusted legal team by your side.
