Immigration FAQ
Frequently asked questions / Immigration
Can I get bond in immigration court?
Some detained people can ask an immigration judge to review bond, but eligibility depends on the detention law and the judge's authority in the case. Some people are subject to mandatory detention or other limits, so not every case can receive a bond hearing.
What a judge may consider
When a judge has authority to review bond, the judge may consider whether the person is likely to attend future hearings and whether release would pose a danger to the community. Evidence may include family and community ties, a stable address, work history, prior court attendance, and criminal or immigration records.
The person asking for release should provide truthful, organized documents and explain how they will attend every hearing and follow any release conditions. A lawyer can review the custody paperwork to check whether the judge has authority over the case.
Minimum bond and limits
For release under the general bond authority in INA section 236(a), the statutory minimum is generally $1,500. A judge may set a higher amount. The minimum does not mean that everyone can get bond or will be released for that amount.
Bond rules depend on the detention authority, case history, and current law. Because policies and court decisions can change, get advice about the specific custody statute and court. Do not pay someone who promises a guaranteed release.
Related guides
This page gives general information, not legal advice. Immigration laws, policies, and court procedures can change, and deadlines are strict. Speak with a qualified immigration lawyer or DOJ-accredited representative about your case.