Bond Hearing

A bond hearing is a proceeding in immigration court where a detained noncitizen requests release from custody on bond while their removal case is pending. Bond hearings are separate from the merits of the underlying immigration case — they focus solely on whether the person should be released and, if so, at what amount.

Immigration judges consider two primary factors when deciding bond: whether the individual poses a danger to the community, and whether they are a flight risk (likely to appear for future court hearings). The minimum immigration bond is $1,500, set by statute, but actual bond amounts vary widely. The national average is approximately $11,400, though bonds can range from the minimum to $50,000 or more depending on the circumstances.

Not everyone is eligible for a bond hearing. Certain categories of individuals are subject to "mandatory detention" under the Immigration and Nationality Act — including those with certain criminal convictions, those apprehended at the border, and those subject to expedited removal. For these individuals, no bond hearing is available, and they must remain detained for the duration of their proceedings.

Bond decisions can be appealed to the Board of Immigration Appeals (BIA). If circumstances change — for example, if the person obtains an attorney, finds a sponsor, or conditions of release become available — the respondent can request a new bond hearing, known as a "bond redetermination."

Studies show that individuals released on bond are significantly more likely to obtain legal representation and ultimately win their cases than those who remain detained throughout proceedings. The bond system has been criticized for creating a two-tiered system where wealthier detainees can secure release while indigent individuals remain locked up regardless of the merits of their case.