Immigration Bond Hearings
When immigrants are detained, a bond hearing determines whether they can be released while their case proceeds. Our data covers 1.59 million bond hearings — with an average bond of $11,412 and a grant rate of just 4.3%.
Key Insights
Bond Hearings by Year
Average Bond Amount Over Time
Bond Hearing Outcomes
Bond Hearing Outcomes
| Outcome | Count | % of Total |
|---|---|---|
| Continued | 563,798 | 35.5% |
| Administrative Close | 363,233 | 22.9% |
| No Bond | 182,579 | 11.5% |
| Set Bond Amount | 158,042 | 10.0% |
| Jurisdictional | 111,160 | 7.0% |
| Bond Granted | 68,593 | 4.3% |
| Withdrawn | 64,833 | 4.1% |
| Redetermination | 16,612 | 1.0% |
| Bond Denied | 16,472 | 1.0% |
| Expired / Ended | 14,416 | 0.9% |
| Insufficient | 13,328 | 0.8% |
| Other | 6,608 | 0.4% |
How Bond Hearings Work
Immigration bond hearings are separate from the main removal proceeding. They answer one question: should this person be released from detention while their case is pending?
The judge considers two factors: whether the person is a flight risk and whether they pose a danger to the community. The minimum bond is $1,500, but the average is $11,412 and the median is $7,500. Judges frequently set bonds at $5,000, $10,000, $15,000, or higher.
Why Bond Matters So Much
Bond isn't just about getting out of jail. It fundamentally changes case outcomes:
- Attorney access: Released immigrants can meet with lawyers and build their cases. Detained immigrants get minutes of phone access per day.
- Evidence gathering: You can't get affidavits, country condition reports, or medical records from inside detention.
- Family support: Released immigrants maintain connections, continue working, and avoid the psychological toll of indefinite detention.
- Coercion reduction: Detained immigrants face constant pressure to accept voluntary departure rather than fight.
The $7,500 Barrier
For an immigrant earning minimum wage (or nothing, while detained), a $7,500 bond might as well be $7 million. Many families scrape together money from extended networks. Some use bond fund organizations. Many simply can't pay — and remain detained for months or years while their case proceeds.
Mandatory Detention
Not everyone gets a bond hearing. Certain categories trigger mandatory detention:
- Certain criminal convictions (aggravated felonies, drug offenses, multiple convictions)
- Terrorism-related charges
- Arriving aliens at ports of entry (unless they pass a credible fear interview)
- People with prior removal orders who reentered illegally
The Custody Pipeline
Of all cases in our data, 2,115,304 involved detained individuals and 1,069,619 were released from detention. Released individuals join the non-detained docket and typically have better outcomes — not because their cases are stronger, but because they have more resources to fight them.
Why This Data Matters
Bond in immigration court determines whether someone waits for their hearing in detention or in freedom. With an average bond of $11,412 and a median of $7,500, the system effectively creates a two-tier justice system: those who can afford bond get released and have dramatically better outcomes, while those who can't remain detained and face their hearings under worse conditions.
The 4.3% grant rate is striking — it means that of 1.59 million bond hearings, only a small fraction result in release. Many detained immigrants remain locked up for months or years while their cases work through the backlog. Studies consistently show that detained respondents are less likely to find lawyers, less able to gather evidence, and more likely to accept deportation simply to end their detention.
Unlike criminal bail, immigration bond has no Eighth Amendment protection against excessive amounts. A judge can set bond at any amount, and there's no public defender to argue it's unaffordable. The bond system is one of the clearest examples of how wealth determines outcomes in immigration court.
🔒 Detained vs. Released
How custody status shapes outcomes.
👔 Representation
Detained immigrants have the lowest attorney access.
💰 The Price of Freedom
In-depth analysis of the immigration bond system.
Frequently Asked Questions
What is an immigration bond?
An immigration bond is a payment that allows a detained immigrant to be released from custody while their removal case proceeds. It functions similarly to bail in the criminal system, but with key differences: there is no Eighth Amendment protection against excessive amounts, and the minimum is $1,500. The bond is refundable if the person attends all hearings, regardless of the case outcome.
How much is immigration bond?
The minimum immigration bond is $1,500, but the average is $11,412 and the median is $7,500. Judges frequently set bonds at $5,000, $10,000, $15,000, or higher depending on perceived flight risk and danger to the community. Some bonds exceed $25,000. For many detained immigrants and their families, these amounts are unaffordable.
What is the bond grant rate in immigration court?
Only 4.3% of bond requests are granted. Out of 1.59 million bond hearings in our data, the vast majority result in bond being denied, continued, or the detainee being found ineligible. The low grant rate means most detained immigrants remain in custody throughout their proceedings.
Can you appeal a bond decision?
Yes. Either the immigrant or the government can appeal a bond decision to the Board of Immigration Appeals (BIA). The immigrant can also request a new bond hearing if circumstances have changed materially — for example, if they now have a lawyer, family ties, or new evidence of community ties. However, appealing a bond decision while detained means remaining in custody during the appeal process.
Source: Department of Justice, Executive Office for Immigration Review (EOIR). Data current through February 2026. Learn more →