Going through the immigration bond hearing process is a long, complicated, and overwhelming experience.
Detainees and their families should be familiar with the process, as it has a significant impact on their lives. This simplified guide answers common immigration bond hearing questions you might have to navigate through this challenging time.
What Is the Purpose of an Immigration Bond Hearing?
An immigration bond hearing allows detained immigrants to request release on bond from U.S. Immigration and Customs Enforcement (ICE). A bond hearing for immigration is distinct from the individual immigration case.
The judge assesses if the person detained by the Department of Homeland Security can be released during their immigration case. The decision hinges on whether they pose a risk of fleeing or endangering the community.
Do I Need a Lawyer for an Immigration Bond Hearing?
During an immigration bond hearing, individuals have the option to be represented by an immigration attorney. It is not mandatory. Unlike criminal cases, the government doesn’t have to provide free legal representation if you can’t afford it.
How Do I Request an Immigration Bond Hearing?
While in custody under ICE, you or your attorney can directly request a bond hearing from the immigration judge. This commonly a verbal request during the initial master calendar hearing in immigration court.
Immigration Bond Requirements
One immigration bond requirement during the initial custody determination is the submission of Form I-286. If you want a redetermination of the custody decision by a judge, you can check the appropriate box. You should acknowledge receipt of the notification before you go to immigration court for a bond hearing.
However, keep in mind that there may be situations where you don’t receive Form I-286. In this case, alternative methods should be used to request a bond hearing in immigration court. When someone makes a request for a bond hearing, an immigration judge schedules it. The timing of the hearing may vary depending on the court’s schedule and the individual’s location.
To make this request, you must submit a written application to the immigration court overseeing your case. Include your complete name and the grounds for requesting a bond hearing. You can take this route if you didn’t get a chance to make a request during a master calendar hearing.
What to Expect at an Immigration Bond Hearing?
The immigration bond hearing process is an informal one. It often happens on the same day as your first Master Calendar hearing. The immigration judge will first assess if you are subject to mandatory detention. If not, they will carefully examine the evidence to decide whether you meet the requirements for release.
In some cases, you might need additional time to prepare for the immigration bond hearing. In that case, you have the right to request a continuance from the judge. It’s important to note that immigration judges have significant discretion in making this determination.
How Do I Know If I’m Eligible for an Immigration Bond Hearing?
Detainees seeking a bond must demonstrate their non-threatening nature and commitment not to abscond. However, there are circumstances where detainees may not qualify for a bond.
Additionally, ICE maintains the authority to deny bond to detainees who are uncooperative during interviews. Eligibility for an immigration bond hearing in immigration court is not extended to all detainees.
When evaluating the risk of flight and potential danger to the community, the judge considers these factors:
- connections to the community
- employment status
- family ties within the United States
- previous criminal convictions
- immigration infractions
After hearing the arguments and reviewing the evidence, the judge will decide whether to grant a bond and set the amount. The decision is based on whether the detainee is a flight risk or a danger to the community.
Immigration Bond Sponsor Requirements
To get bond, you’ll need a sponsor to ensure you adhere to immigration bond rules. These are some of the immigration bond sponsor requirements:
- the sponsor must be a U.S. citizen or a lawful permanent resident
- the sponsor should be able to pay the bond amount
- the sponsor should have a clean criminal record
- the sponsor should have a verifiable relationship to the detainee
- the sponsor must meet the immigration bond age requirements; they must be at least 18 years old
Setting the Immigration Bond Amount
Once the judge determines that the individual qualifies for a bond, they will proceed to determine the specific amount. According to the law, the minimum bond is $1,500. However, it may be increased depending on immigration history, family ties in the country, employment background, and criminal record.
How Do You Win an Immigration Bond Hearing?
No specific strategy or tactic will guarantee winning an immigration bond hearing. However, providing solid evidence is an excellent place to start. When preparing for a bond hearing in immigration court, you should aim to provide or show:
- documentation of property rental or ownership
- proof of employment
- strong familial ties within the country
You may need relevant documents like:
- marriage certificates
- birth certificates of children
- pay stubs from your workplace
- character reference letters from members of the community
It is also advisable to bring along your family and extended community members to the hearing. Their presence during an immigration court bond hearing is a powerful demonstration of the strong bond you share.
They may need to testify to show support. Expect the immigration judge to ask about your life, criminal history, employment history, and community ties.
What Happens After an Immigration Bond Hearing?
Once the judge grants bond is the sponsor pays it, they are released from detention while their immigration case continues. If the judge doesn’t approve the request or no one can pay it, the detainee remains in detention until further proceedings.
You must attend all immigration court proceedings and abide by the conditions of the bond. Failure to comply will lead to forfeiture of the bond and may result in additional immigration consequences.
Get an Immigration Bail Bond Provider That Cares
The immigration process can be burdensome and demanding. We don’t want to add to this stressful situation. That’s why we offer a simple solution to bonds—keeping families and loved ones together.
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