Immigration detention can move quickly. In South Florida, many families first learn that a loved one is being held at the Krome North Service Processing Center in Miami or another ICE detention facility. But detention in Miami does not necessarily mean that the person will remain there. ICE may transfer detained individuals to facilities in other parts of Florida or across the United States.

A transfer can be especially stressful for families who have already begun gathering documents or trying to understand the immigration bond process. Your Immigration Attorney can represent clients in immigration detention facilities throughout the United States, even when a loved one is transferred far from home.

If someone you care about has been detained by ICE, one of the first questions you may have is: Can they get an immigration bond?

The answer depends on the individual case.

What Is an Immigration Bond?

An immigration bond may allow certain people in ICE custody to be released while their immigration proceedings remain pending. Bond proceedings are separate from the underlying removal case.

Depending on the circumstances, DHS may initially set a bond. In cases where an Immigration Judge has jurisdiction, the detained person may also request that an Immigration Judge review the custody determination and decide whether release on bond is appropriate.

Who Is Eligible for an Immigration Bond?

Not everyone detained by ICE is eligible to receive a bond from an Immigration Judge.

Some people are subject to mandatory detention, while others may be eligible to ask an Immigration Judge for a discretionary bond. Whether an Immigration Judge has authority to consider bond can depend on several factors, including the person's immigration history, criminal history, manner of entry into the United States, and the legal authority under which the person is being detained.

For example, certain criminal grounds can trigger mandatory detention. People classified as arriving aliens and some people with final orders of removal may also face different custody rules.

This is why it is important not to assume that someone is either eligible or ineligible for bond based solely on the fact that ICE has detained them.

What About Habeas Corpus?

In some circumstances, a person who cannot obtain a bond hearing through the ordinary immigration-court process may have potential remedies in federal court, including a petition for a writ of habeas corpus.

Habeas litigation is highly dependent on the person's circumstances, the legal basis and length of detention, and the law applicable in the federal jurisdiction where the case is brought. A habeas petition does not automatically result in release or a bond hearing.

An attorney can review the person's detention history and determine what options may be available.

What Does an Immigration Judge Consider at a Bond Hearing?

When an Immigration Judge has jurisdiction to consider bond, the hearing is different from the person's underlying removal proceedings. The question is not simply whether the person ultimately has a winning immigration case.

Depending on the law applicable to the case, important considerations can include whether the person presents a danger to the community, a threat to national security, or a flight risk.

Immigration Judges may consider many different facts, including:

• Family and community ties in the United States
• A stable address and proposed place to live after release
• Length of residence in the United States
• Employment history
• History of appearing for immigration or other court proceedings
• Immigration history
• Criminal history, including the nature, seriousness, and recency of the conduct
• Manner of entry into the United States
• Other circumstances relevant to whether the person is likely to appear for future proceedings

Because every case is different, the evidence submitted with a bond request should tell the person's complete story rather than relying only on one favorable fact.

What Evidence Should Families Gather for an Immigration Bond Hearing?

One of the biggest challenges in preparing a bond case is gathering evidence while the person is detained, especially if ICE transfers that person to another facility.

Families can help by beginning to collect documentation as soon as possible.

Depending on the case, useful evidence may include proof of family relationships, evidence of a stable residence, letters from a proposed sponsor, employment records, tax documents, evidence of community involvement, letters of support, and documentation showing the person's history and ties to the United States.

A sponsor letter, for example, can explain the sponsor's relationship to the detained person, where the person will live if released, and what financial or other support the sponsor is prepared to provide.

What If My Loved One Has a Criminal Record?

A criminal history does not necessarily tell the entire story, but it can be extremely important in a bond proceeding.

Immigration Judges may consider criminal arrests, charges, and convictions when evaluating whether someone may present a danger to the community. For that reason, it is important for an attorney to understand the complete criminal history before the bond hearing.

Depending on the circumstances, relevant documentation might include certified court records, evidence showing the disposition of a case, proof of rehabilitation, completion of probation or required programs, and evidence explaining the circumstances and how much time has passed.

Trying to ignore unfavorable facts can leave important questions unanswered. A bond case should instead present an accurate and complete picture supported by evidence.

What Happens If Immigration Bond Is Denied?

A denial does not necessarily mean there are no further legal options.

Depending on the circumstances, a person may be able to appeal an Immigration Judge's bond decision to the Board of Immigration Appeals (BIA). There are specific procedures and deadlines for bond appeals.

A person may also be able to request another bond redetermination from the Immigration Judge if there has been a material change in circumstances since the previous bond decision.

These are different legal strategies, and the appropriate option depends on why bond was denied and what has happened since the prior decision.

Why Timing Matters After an ICE Detention

When a loved one is detained, families should begin gathering information and documents as quickly as possible.

One reason is that detained individuals may be transferred. Someone who begins their detention at Krome in Miami may later be moved to another ICE facility elsewhere in Florida or in another state. The location of detention can also affect which Immigration Court handles a request for bond redetermination.

A transfer does not necessarily mean that a family must start over. Your Immigration Attorney represents detained clients across the United States and can continue evaluating the available options when a client is moved to another detention facility.

Acting quickly also gives the legal team more time to collect records and prepare evidence addressing the issues the Immigration Judge may consider.

The information on this page is provided for general educational purposes and does not constitute legal advice. Immigration detention and bond eligibility are highly fact-specific, and laws and procedures may change. Reading this page does not create an attorney-client relationship. For advice regarding a particular case, consult with a qualified immigration attorney on our team.