Who is eligible for a bond?

Most people should be eligible for bond if they are not a danger to the community or a flight risk. However, people with certain criminal convictions, or who have been deported in the past, are subject to mandatory detention and cannot be released on bond by an immigration judge. Another group subject to mandatory detention is "arriving aliens." However, please note that ICE ALWAYS has the discretion to set bond or release ANY detained person for any reason or no reason at all. Immigration judges are bound by the concept of mandatory detention, but ICE is not.

Related Terms

This website should not take the place of a consultation with an attorney. We encourage all individuals involved with the immigration or criminal justice systems to consult with an attorney.