When a loved one is arrested by U.S. Immigration and Customs Enforcement (ICE) and placed in immigration detention, families often have the same urgent question: How can I get someone out of immigration detention?
Depending on the person's immigration history, criminal history, manner of entry into the United States, and other circumstances, there may be several possible ways to seek release from immigration detention. One of the most common options is an immigration bond hearing, where an Immigration Judge may determine whether the person is eligible for release and, if so, whether a bond should be set.
However, not everyone detained by ICE is eligible for an immigration bond. Some individuals may be subject to mandatory detention or other restrictions that prevent an Immigration Judge from considering a bond request. This is why it is important to have an experienced immigration attorney review the case as soon as possible.
Robert W. Wisniewski of Robert W Legal represents clients in immigration matters in Ohio and can help detained individuals and their families understand their options for seeking release from immigration detention.
What Is Immigration Detention?
Immigration detention occurs when the Department of Homeland Security (DHS), usually through ICE, takes a noncitizen into custody during immigration proceedings or while the government determines whether the person may remain in the United States.
Immigration detention is different from being held in a criminal jail after an arrest or conviction. A person can be detained by immigration authorities even when there is no new criminal charge.
DHS is responsible for immigration apprehension and detention. In certain circumstances, however, an Immigration Judge has authority to review a person's custody status and determine whether the person may be released on bond.
Can Someone Be Released From Immigration Detention?
Yes, in certain circumstances.
Depending on the case, a detained person may potentially be released through:
An immigration bond;
A bond redetermination by an Immigration Judge;
Certain forms of immigration parole or release by DHS;
An order or decision in the person's immigration case that results in release; or
Other legal remedies that may apply to the particular detention.
The appropriate strategy depends heavily on why the person was detained and what immigration law requires or permits in that particular case.
For many detained individuals, the immediate issue is whether they are eligible for an immigration bond hearing.
What Is an Immigration Bond Hearing?
An immigration bond hearing is a proceeding in which an Immigration Judge may review DHS's custody determination.
Initially, DHS may set an immigration bond. A detained person may, in certain circumstances, ask an Immigration Judge to reconsider the custody determination and bond amount. EOIR explains that bond proceedings are separate from the underlying removal proceedings.
If an Immigration Judge determines that the person is eligible for bond, the judge generally considers issues such as:
Whether the person presents a danger to people or property;
Whether the person is likely to appear for future immigration proceedings; and
Whether the person presents a national-security concern.
The Immigration Judge then determines whether release on bond is appropriate and, when applicable, the amount of bond.
Importantly, winning an immigration bond hearing does not mean that the person has won their immigration case. A bond proceeding addresses custody and release. The underlying removal case is a separate matter.
How Do You Request an Immigration Bond Hearing?
A request for a bond hearing is generally made to the Immigration Court that has jurisdiction over the detained person's case.
According to the Executive Office for Immigration Review (EOIR), a bond hearing request ordinarily includes information such as:
The person's full name;
The person's A-number;
The bond amount previously set by DHS, if applicable; and
The location of the detention facility.
There is no filing fee to request a bond hearing.
A person may also request a bond hearing orally in certain circumstances. EOIR states that, in general, the Immigration Court schedules the hearing for the earliest possible date after receiving the request.
Because detention cases can move quickly, families should not assume that they need to wait for the next regular immigration court hearing before asking an attorney about bond.
Who Is Eligible for an Immigration Bond?
Not everyone detained by ICE is eligible for an immigration bond hearing.
The Immigration Judge's authority to conduct a bond hearing depends on the circumstances of the detention. Federal immigration law contains several categories of people who may be subject to mandatory detention or for whom an Immigration Judge does not have bond jurisdiction.
For example, EOIR regulations identify certain criminal and security-related categories in which an Immigration Judge does not have jurisdiction to conduct a bond hearing.
Certain people who are treated as applicants for admission and detained under specific provisions of immigration law may also face different rules regarding release and bond. Recent Board of Immigration Appeals decisions continue to address the circumstances under which these detention rules apply.
This makes the details of the person's immigration and criminal history extremely important.
What Factors Can Help at an Immigration Bond Hearing?
When a person is eligible for bond, the evidence presented at the hearing can be extremely important.
A bond case may involve evidence concerning:
Family Ties
Evidence of close family relationships in the United States can help establish the person's connections to the community and provide information about where the person will live if released.
Examples may include:
Marriage certificates;
Birth certificates;
Evidence concerning children;
Letters from family members; and
Other documentation establishing family relationships.
Residence and Community Ties
Evidence showing that the person has established a life in the United States may also be relevant.
Depending on the circumstances, this can include:
A lease or proof of residence;
Employment records;
School records;
Community involvement; and
Other documentation demonstrating ties to the community.
Criminal History
A person's criminal history can be particularly important in an immigration bond case.
The Immigration Judge may consider criminal allegations, arrests, convictions, and the circumstances surrounding the person's history when evaluating whether release would present a danger to the community.
A criminal history can also affect whether the person is subject to mandatory detention in the first place.
Because immigration and criminal law can overlap in complicated ways, someone who has been arrested or convicted should have the immigration consequences of that record carefully reviewed.
Likelihood of Appearing for Future Hearings
The government and Immigration Judge may also consider whether the person is likely to appear for future immigration proceedings.
Evidence demonstrating stable housing, family responsibilities, employment, and other ties may be relevant to this issue.
A Plan for Release
A strong bond request should address what will happen if the person is released.
For example:
Where will the person live?
Who will provide financial or family support?
Will the person have transportation to court?
Who will help the person comply with immigration requirements?
Does the person have a stable place to stay?
Having a concrete release plan can help provide the Immigration Judge with relevant information about the person's circumstances.
What If ICE Set the Bond Too High?
If DHS has already set an immigration bond, an eligible detained person may be able to request a bond redetermination before an Immigration Judge.
The Immigration Judge may reconsider the amount of bond.
However, the Immigration Judge does not simply decide the bond amount based on what the family can afford. The court considers the legal standards applicable to the custody determination and the evidence presented.
An immigration attorney can help determine whether requesting a bond redetermination makes sense and what evidence should be submitted.
What If the Immigration Judge Denies Bond?
A bond denial does not necessarily mean that there are no further legal options.
In some circumstances, a custody decision may be appealed to the Board of Immigration Appeals (BIA). EOIR explains that either party may appeal an Immigration Judge's bond decision to the BIA in appropriate circumstances.
Additionally, if circumstances materially change, another bond request may sometimes be possible. EOIR states that when an Immigration Judge or the BIA has previously ruled on bond, a subsequent request generally must be in writing and must demonstrate materially changed circumstances.
The appropriate next step depends on the specific reason for the denial and the person's overall immigration case.
Does Paying Immigration Bond End the Immigration Case?
No.
This is an important distinction.
Being released from immigration detention does not automatically give someone lawful immigration status, a green card, citizenship, or permission to remain permanently in the United States.
The person may still have to defend against removal in Immigration Court.
Immigration bond proceedings are separate from the underlying removal proceedings. Evidence submitted for a bond hearing may not automatically become part of the record in the removal case. EOIR specifically advises that bond proceedings and removal proceedings are separate and that evidence may need to be submitted separately for consideration in the removal case.
For this reason, families should think about both issues:
How can the person be released from detention?
How can the person defend their immigration case?
Can an Immigration Lawyer Help Get Someone Out of Detention?
An immigration lawyer can review the circumstances of the detention and determine what legal options may be available.
An attorney may be able to:
Determine whether the person may be eligible for an immigration bond;
Request a bond hearing;
Prepare evidence supporting release;
Present arguments regarding the person's eligibility for bond;
Challenge an excessive bond amount;
Represent the person at a bond hearing;
Evaluate whether an appeal may be appropriate; and
Analyze the underlying immigration case and potential defenses against removal.
EOIR confirms that people appearing before the Immigration Court may be represented by an attorney of their choosing and that an attorney may represent someone specifically for bond proceedings or for the broader immigration case.
What Should a Family Do When Someone Is Detained by ICE?
If a family member has been detained by ICE, it is important to act quickly.
1. Find Out Where the Person Is Detained
ICE may transfer detained individuals between facilities. The family should determine the person's current detention location and obtain their A-number if possible.
2. Gather Important Documents
Try to collect:
The person's A-number;
Immigration documents;
Notice to Appear, if available;
Prior immigration court documents;
Passport or identity documents;
Criminal court records;
Proof of residence;
Employment records;
Marriage and birth certificates;
Evidence concerning U.S.-citizen or lawful permanent resident family members; and
Other documents that may help explain the person's circumstances.
3. Contact an Immigration Attorney
The sooner an immigration attorney can review the case, the sooner the family can determine whether a bond hearing or another form of release may be available.
4. Do Not Assume That Paying a Bond Is the Only Issue
Even if someone is released from detention, the underlying immigration case may continue.
An attorney should evaluate the person's complete immigration situation, including whether the person may qualify for relief from removal.
Immigration Detention and Criminal Charges
Immigration detention can become particularly complicated when a person has a criminal record.
A criminal conviction, guilty plea, or even certain criminal allegations can have significant immigration consequences. Criminal history may affect both bond eligibility and the person's underlying immigration case.
For noncitizens facing criminal charges, it can therefore be important to obtain immigration advice before entering a guilty plea or accepting a criminal disposition.
The consequences can extend beyond the criminal sentence itself.
Immigration Detention in Ohio
Families in Ohio may have questions about how to get a loved one out of immigration detention, particularly when the person is being held while their immigration case is pending.
An Ohio immigration attorney can review the person's detention status, immigration history, criminal history, and potential defenses to determine what options may be available.
Robert W. Wisniewski of Robert W Legal represents individuals facing immigration issues in Ohio, including immigration detention and removal defense.
If your family member has been detained by ICE, obtaining a prompt legal evaluation can help you understand whether a bond hearing is available and what evidence may be needed to request release.
Contact Robert W Legal About Immigration Detention
If someone you love has been detained by ICE, you may be wondering, "How can I get someone out of immigration detention?"
The answer depends on the individual's specific circumstances. Some detained immigrants may be eligible for an immigration bond, while others may be subject to mandatory detention or other restrictions on release.
Robert W. Wisniewski of Robert W Legal assists clients with immigration matters, including immigration detention, bond proceedings, removal defense, asylum, and other immigration issues.
Contact Robert W Legal to discuss the circumstances of your loved one's detention and determine what legal options may be available.
Do not wait to seek legal advice if a family member is currently detained. Immigration detention cases can move quickly, and the appropriate strategy depends on the individual's specific immigration and criminal history.
Frequently Asked Questions About Immigration Detention
How do I get someone out of ICE detention?
Depending on the person's circumstances, an attorney may be able to request an immigration bond hearing or pursue another form of release. Not everyone is eligible for bond, so the person's immigration and criminal history should be reviewed first.
How much is immigration bond?
There is no single immigration bond amount that applies to every detained person. When an individual is eligible for bond, the applicable authority determines the amount based on the circumstances of the case. An Immigration Judge may be able to reconsider a bond amount initially set by DHS.
Can an immigration lawyer get someone out of detention?
An immigration attorney cannot guarantee release, but an attorney can determine whether the person may be eligible for bond, prepare evidence, request a bond hearing, and represent the detained person in the proceeding.
Can you get out of immigration detention without paying bond?
In some circumstances, release may occur through a mechanism other than a traditional immigration bond. Whether that is possible depends on the person's detention authority and individual circumstances.
How long does an immigration bond hearing take?
The timing varies. EOIR states that, in general, after receiving a bond hearing request, the Immigration Court schedules the hearing for the earliest possible date.
Does getting immigration bond mean the case is over?
No. A bond proceeding concerns detention and release. The underlying immigration or removal case is separate and may continue after the person is released.
Can someone with a criminal record get immigration bond?
It depends on the person's circumstances. Certain criminal grounds can result in mandatory detention or restrict an Immigration Judge's jurisdiction over bond. Other criminal history may be considered when determining whether release would pose a danger to the community.
This article is for general informational purposes only and does not constitute legal advice. Every criminal case is different, and the law may change. If you are facing criminal charges or an investigation, consult an attorney about the specific facts of your situation.
