How Does an Immigration Bond Work?
An immigration bond is money paid to ICE to release someone from immigration detention while their case continues, on the promise they will attend all hearings. The legal minimum is $1,500, and judges often set higher amounts. A US citizen or permanent resident usually pays it. The money is refunded when the case ends if all conditions were met. Whether many detainees can get bond hearings is before the Supreme Court.
Immigration bonds work differently from criminal bail. They are handled by ICE and immigration judges, not criminal courts, and the rules changed significantly in 2025 and 2026.
Who can get bond
People detained under the general detention statute, 8 U.S.C. 1226(a), can be released on a bond of at least $1,500 or on conditional parole. People subject to mandatory detention, such as those with certain criminal convictions, generally cannot.
The 2025–2026 bond dispute
In 2025, ICE and the Board of Immigration Appeals took the position that people who entered the US without inspection are "applicants for admission" who must be detained without bond for the entire removal case (American Immigration Council). Federal courts disagreed with each other: several appeals courts rejected that position while others accepted it. On October 1, 2026, the Supreme Court agreed to decide the issue, with a decision expected in 2027 (Immigration Analytics). Until then, whether a detainee can get a bond hearing may depend on where they are held. A lawyer may also file a habeas petition in federal court.
How bond is set
- ICE may set an initial bond amount.
- The detainee can ask an immigration judge for a bond redetermination hearing.
- The judge considers whether the person is a danger to the community and a flight risk, looking at family ties, length of residence, employment, criminal history and possible relief from removal.
Evidence that helps: proof of address, letters from family and employers, tax records, US citizen children's birth certificates, and a sponsor.
Types of bonds
- Delivery bond: the most common; ensures the person appears at hearings.
- Voluntary departure bond: guarantees departure by a deadline; see voluntary departure.
How to pay
The person paying (obligor) is usually a US citizen or lawful permanent resident. Payment can be made through ICE's online bond payment system or at certain ICE offices, with the detainee's A-number. Surety (bail bond) companies also post immigration bonds for a nonrefundable fee and collateral.
Getting the money back
When the case ends and the person attended all hearings and complied with conditions (or departed as required), the obligor can request cancellation and a refund. Keep the original bond receipt (Form I-305). If the person misses a hearing, the bond can be breached and the money forfeited.
Conditions of release
ICE may add check-ins, ankle monitors or phone apps as conditions.
Because bond law is changing quickly, work with an immigration lawyer. See also what happens after ICE detention.
Sources
- Cornell Law School LII: 8 U.S.C. 1226, Apprehension and detention of aliens
- American Immigration Council: BIA decision strips immigration judges of bond authority
- Immigration Analytics: Supreme Court to decide bond rights for immigrants detained during deportation cases
- ICE: Online Detainee Locator System
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.