Immigration Detention - Removal Proceedings and the Bond Process

U.S. immigration law contains strict rules governing when a person can be held in immigration custody while defending against efforts to remove them from the United States, or whether they can be released on "bond" (a payment meant to guarantee they'll show up for future hearings). Here, we'll give an overview of how the bond determination process is interwoven with removal proceedings.

Which Foreign Nationals Can Be Removed From the United States?

By way of background, removal is the process by which the U.S. government orders a foreign national (sometimes called an "alien") to be deported from the United States. U.S. immigration law contains a long list of grounds for deportation, which you can read more about in this Overview of Deportation/Removal Laws.

Holding a green card is not necessarily protection against deportation, depending on the nature and severity of the crime. And of course, undocumented immigrants are always deportable, unless there's some immigration benefit they can still claim before a judge, such as asylum or cancellation of removal. (See Legal Options for an Undocumented (Illegal) Immigrant to Stay in the U.S.)

If removed, the foreign national is usually barred from re-entering the United States. Most often it is for a period of 5 to 10 years. Sometimes it can be for life.

When Foreign Nationals Will Be Detained Following Arrest

The first step in the removal process is normally for the foreign national to be "detained," or placed in custody with Immigration and Customs Enforcement (ICE). There are many ICE facilities in the United States, and the alien might be detained at the one closest to where they are taken into custody, or might be moved to one far away. Some ICE facilities are separately run by private companies. Detention is not conventional prison, but some ICE facilities are on the same premises as U.S. prisons. The immigration "detainees" are held in separate sections from U.S. prisoners, however.

Often, foreign nationals are placed in detention after being arrested for a non-immigration related crime. A hold will then be placed until the immigrant is transferred into ICE custody.

While in detention, a formal removal proceeding will usually be initiated by the U.S. government. The timeline can vary, usually from two weeks to 90 days.

When Will a Foreign National Be Released From Immigration Detention Pending a Decision?

As a broad rule, if you are being held in immigration detention or custody, you will be eligible for release if U.S. immigration authorities determine that:

• you are not a “flight-risk” (meaning you would show up when requested for future immigration appointments and hearings), and
• you are not a “danger to the community.”

In such cases, you could be eligible for release either on your own recognizance, after payment of a "reasonable" bond, or on a supervision program (which could include an ankle bracelet, telephonic monitoring, and/or regular check-in appointments at your local office of Immigration and Customs Enforcement ("ICE")).

In many situations, however, a foreign national is not eligible for release at all, as discussed next.

When Mandatory Detention Blocks Release on Bond

You could be subject to mandatory detention if you have been accused, arrested, or convicted of certain types of offenses or if you already have a removal order against you. Among these offenses are: aggravated felonies, suspected terrorism, crimes of moral turpitude, possession of controlled substances (except marijuana less than 30 grams), and even accusations of certain crimes, such as shoplifting, theft, or crimes of violence. (See 8 U.S.C. § 1226 for a list of the grounds for mandatory detention, including additions made by the 2025 Laken Riley Act).

If you fall within one of the categories warranting mandatory detention, then it does not matter whether you can show that you're neither a flight risk nor a danger to the community. The Department of Homeland Security (DHS) can keep you in custody while you are fighting your immigration case in court or while it tries to arrange for your removal from the United States.

No Bond in Expedited or Summary Removal Proceedings

If a foreign national is detained entering the United States, or within a certain distance of its borders within a set time after entry, the removal proceeding is almost always handled solely by the Department of Homeland Security (DHS). The DHS has "exclusive jurisdiction" over arriving aliens, and the Immigration Court does not interfere with the decisions of the DHS. Under the Trump Administration, the only foreign nationals who can avoid expedited removal are those who have already been in the United States for two years, regardless of where in the United States they are picked up. (See 1/24/2025 Federal Register notice.)

An arriving alien does not have a right to bond. In some cases, the DHS may offer "parole" or permission to enter the United States for a short time while the DHS makes its own decisions on removal.

The foreign national should consult with an attorney immediately if classified as an arriving alien, because the proceedings with the DHS are "summary proceedings," and they can exercise "expedited removal" power. This means the deportation decision is made very quickly, usually with the DHS ordering removal and placing the person on a bus or plane out of the country.

How to Request Release on Bond

If you are in immigration custody but believe you are eligible for release, you need to first ask the DHS to release you. If the DHS does not agree to this, or sets unreasonable conditions for your release (such as a bond that is too high for you to pay), you might be entitled to ask for a bond hearing before an Immigration Judge and contest the DHS’s bond decision. It is entirely possible, however, that you will not be allowed a hearing.

Significantly, whether you are subject to mandatory detention may change over the course of your case (which could drag on for months or years). You may also ask the DHS and the Immigration Judge to reconsider your custody status if circumstances change during the course of your case or if your detention becomes unduly prolonged.

It is best to consult with an immigration attorney to advise you whether you are eligible for release on bond and to assist you in making legal and factual arguments for release.

How High Might the Immigration Bond Be?

The amount of an immigration bond is discretionary and depends on many factors such as the foreign national's ties to the community in the United States, the reasons for the intended removal, whether the person has a likely chance of winning the removal case, and the family's ability to pay.

The minimum bond is usually $1,500. The maximum can be many thousands of dollars. The DHS will often set the amount of the bond. The foreign national (or their family or friends) can post the money or ask for the amount to be lowered by an Immigration Judge.

It is important to consult with an attorney about this, since obtaining a lower bond requires a hearing and evidence in support of the request. A removal proceeding can be a long process, sometimes years, so if bond is available, it should be pursued.

How to Post an Immigration Bond

Once bond is set, the foreign national remains in custody while family or friends post the bond. This can be through a bonding company or directly with ICE/DHS.

A bonding company will usually charge a premium of 15% of the bond. They will also require full collateral for the remainder. That will be returned at the conclusion of the proceedings, assuming the foreign national complies with all the terms of release, including attending all court hearings. The bonding company will post the bond with the government.

If you are posting a bond directly with the government, you will need a money order or certified check in the full amount. It can be posted at any DHS office.

After being posted, it will normally take one to five days for the bond to be processed. The person posting the bond is usually subject to a background check. Therefore, it's safest if they are a U.S. citizen or lawful permanent resident, and willing to come forward to the DHS and provide evidence of their status and where they currently live. They should also be ready to state where the foreign national will be living while out on bond (possibly with them).

See an Immigration Attorney

Again, if you or someone you know is in removal proceedings and in need of court defense or an immigration bond, you should consult with an attorney about your case.