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Being detained by immigration is one of the hardest experiences for a family. The first question most people ask is: Can I get out on bond? Unfortunately, recent changes in the law and immigration court decisions have made it much harder for immigrants to be released on bond. But there is still hope. In this post, we will explain what is happening, who may still qualify for bond, and what other options exist if bond is denied.
What Is Immigration Bond?
An immigration bond is a payment made to the government to guarantee that a detained immigrant will attend their future court hearings. If the person shows up to all hearings, the bond money can be returned. Bond is not available in every case, and immigration judges have a lot of discretion in deciding whether to grant it.
For many years, immigrants with no serious criminal history and strong family ties often had a good chance of being released on bond. But things have changed.
Why Has It Become Harder to Get Bond?
There are a few main reasons:
1. Supreme Court Decisions
In the past, courts in some states required immigration judges to give detained immigrants bond hearings after a certain amount of time. But in Jennings v. Rodriguez (2018), the Supreme Court said there is no automatic right to a bond hearing after six months. Later, in Johnson v. Arteaga-Martinez (2022), the Court made it even harder by saying that immigration law does not guarantee bond hearings for long-term detainees. These cases gave more power to the government to keep people detained without review.
2. Board of Immigration Appeals (BIA) Rulings
The BIA, which is the appeals court for immigration judges, has recently issued decisions that limit when bond is available. In some cases, they have ruled that certain categories of immigrants are subject to mandatory detention, which means they cannot get bond at all.
3. Government Policy Changes
ICE has also tightened its rules. For many immigrants who entered without inspection or are recent arrivals, ICE is now arguing that judges do not have the authority to release them on bond. This has led to more denials, especially for asylum seekers.
Who May Still Be Eligible for Bond?
Even with the tougher rules, some immigrants can still qualify for bond:
- Those not in mandatory detention. If you don’t have certain criminal convictions and don’t fall under the strict categories of the law, you may still ask for bond.
- People with strong ties to the community. Judges look at whether you have family, work, or property in the U.S.
- Low flight risk. If you can show you will attend all hearings and follow the rules, your chances improve.
- No danger to the community. A clean or minor criminal history helps.
It is very important to have a lawyer present at your bond hearing to present evidence and argue your case. Judges have wide discretion, and a strong legal argument can make a big difference.
What If Bond Is Denied?
If the judge denies bond, it is not the end of the road. There are still options:
1. Appeal to the BIA
You can appeal the denial of bond to the Board of Immigration Appeals. This takes time, but it gives you another chance.
2. Habeas Corpus Petition
A habeas corpus petition can be filed in federal court. This is a request asking a judge to review whether your detention is legal. If successful, a federal judge can order that you receive a bond hearing. This process is more complicated, but it has helped many immigrants who were otherwise stuck in detention.
3. Parole or Release by ICE
In some situations, ICE has the power to release detainees on parole, especially for humanitarian reasons such as medical issues, or if someone is not a danger and not a flight risk. Requests for parole must be supported with strong documentation.
4. Other Immigration Relief
Even if bond is denied, winning your underlying immigration case may eventually lead to release. For example, if you win asylum, cancellation of removal, or another form of relief, detention ends.
Why Having a Lawyer Matters
Bond hearings are often fast, and the government usually argues strongly against release. Without an experienced immigration lawyer, many people do not know how to present evidence or legal arguments that can convince a judge. A lawyer can:
- Show that you are not a flight risk
- Present evidence of family ties and good moral character
- Argue why mandatory detention should not apply to your case
- File appeals or habeas petitions if bond is denied
Hope for Families
The law is tough right now, but families should know that bond is still possible in some cases. And even when bond is denied, other legal strategies may work. The key is to act quickly, get strong legal help, and explore all options — from appeals to habeas petitions to requests for parole.
Final Thoughts
Detention is frightening and stressful, but you do not have to face it alone. At our office, we fight for detained immigrants and their families every day. If your loved one is detained, call us immediately. We can review the case, explain eligibility for bond, and discuss every possible path to release.
Call our office today at (832) 669-9922 to speak with an experienced immigration attorney.
