How to get someone out of immigration detention on bond, and who cannot get a bond hearing

This page covers who can get bond, the hearing, and paying. Federal court challenges are on When a judge denies bond. This is general information, not legal advice. Every case is different. Please get a lawyer or accredited representative.

What is an immigration bond?

A bond is money paid to the government so a person can leave detention while their immigration case goes on. The money is a promise that they will go to every hearing and show up whenever ICE asks. If they do, the money comes back at the end of the case.

By law, a bond must be at least $1,500 (8 U.S.C. 1226(a)). ICE may set a bond first. If ICE sets no bond, or one that is too high, the person can ask an immigration judge to set or lower it.

Who can get a bond hearing?

Many people arrested inside the U.S. can ask. A judge then decides whether they are a danger to others or a risk of not coming back to court.

People who entered without papers, in California. In July 2025, ICE began saying that people who came in without being inspected must stay locked up with no bond. The immigration appeals board backed that view in a decision called Matter of Yajure Hurtado. Federal courts pushed back. On July 30, 2026, the Ninth Circuit, the federal appeals court for California, ruled in Rodriguez Vazquez v. Bostock that people who entered without inspection and were arrested inside the U.S. fall under the bond law and can ask a judge for bond.

This may change. Other appeals courts disagree. On October 1, 2026, the Supreme Court agreed to decide the question in Rhoney v. Barbosa da Cunha, No. 26-104. As of October 21, 2026, no argument date is set. Until it rules, ask a lawyer how judges are handling these cases this week.

Outside the Ninth Circuit, the Ninth Circuit ruling does not bind judges. Ask a lawyer what your state's appeals court has said.

Who cannot get a bond hearing?

Some people must stay in detention under the law, even if their family can pay. These include:

• People with certain criminal records. Some convictions, including some with a sentence of a year or more, mean "mandatory detention." Which crimes count is complex, so a lawyer must check.
• People charged with, arrested for, or who admit to certain crimes, even without a conviction, if they are in the U.S. without being admitted. Since 2025, this covers burglary, theft, larceny, shoplifting, assaulting a police officer, or a crime that caused death or serious injury. This came from a 2025 law (the Laken Riley Act, now in 8 U.S.C. 1226(c)).
• People in expedited removal, the fast process with no judge. See Can I be deported without seeing a judge?
• People stopped at the border or a port of entry while trying to come in.

If any of these may apply, don't guess. A lawyer may find a way to argue the person is still eligible. See How a criminal record can affect your immigration status.

How does the bond hearing work?

1. Ask for it. The detained person or their lawyer asks the immigration court in writing, or out loud at a hearing, or by phone if the judge allows (EOIR Practice Manual 9.3). Give the full name, A number, any bond amount ICE set, and where the person is held. There is no fee.
2. Go to the right court. For a detained person, it is the court that covers the detention center.
3. Bring proof. The bond hearing has its own file. Papers from the main case must be filed again for bond. Mark them "BOND PROCEEDINGS."
4. The judge decides. The judge looks at whether the person is a danger to people or property, whether they will come to court, and any national security concern. The judge can grant bond, lower it, or deny it.
5. Appeal if needed. Either side can appeal to the Board of Immigration Appeals on Form EOIR-26. There is no fee, and the Board must receive it within 30 days (EOIR, types of appeals and fees; BIA Practice Manual 7.3). In some cases, if ICE appeals, the release can be put on hold.
6. Ask again if things change. After a judge rules, a new bond request must be in writing and must show that the person's circumstances have changed in a material way since the last decision (Practice Manual 9.3). Ask a lawyer what counts.

What proof helps?

Legal groups suggest gathering, as soon as you can:

• Proof of a home address where the person will live
• Letters from family, employers, pastors and neighbors (signed, with phone numbers)
• Birth certificates of U.S. citizen children or spouse
• Proof of work, taxes paid and years in the U.S. (see Papers that show how long you have lived here)
• Proof of any case they could win, like a pending application
• Records showing treatment, classes or good conduct, if there is a criminal record

Never send anything false.

How do we pay the bond, and get the money back later?

Who can pay

The person who pays is called the obligor. For a regular (delivery) bond, the obligor must be a U.S. citizen or lawful permanent resident, or a law firm or nonprofit. The obligor needs ID: for example a U.S. passport, birth certificate, naturalization certificate, REAL ID, or a green card. ICE also asks for the obligor's taxpayer number so it can pay interest.

Think carefully about who signs. The obligor promises the person will appear, and the refund goes to the obligor.

How to pay

• ICE takes bonds through its online system, CeBONDS, for people in the U.S. (ICE bonds page).
• Payment is by electronic bank transfer (Fedwire or ACH). The full amount is paid at once.
• Bonds are posted Monday to Friday, 9 a.m. to 3 p.m., in the time zone where the person is held, except federal holidays.
• Review usually takes 1 to 2 hours. Release usually happens by the end of the day after approval, but timing varies by center.
• In person payment at an ICE office is only case by case. Call the nearest field office. The ICE San Francisco Field Office is (415) 365-8800.
• No bank account? ICE says you can use a certified surety bond company or a community group. Ask a bond company for every fee and cost in writing before you sign.

Keep every paper

Keep the bond paperwork ICE gives you in a safe place. If the obligor moves, they must tell ICE right away on Form I-333, or the refund may go to the old address (Form I-352).

How the money comes back

The bond stays in place until ICE issues Form I-391, Notice of Immigration Bond Cancelled. For a regular bond, that happens automatically in cases like these: the immigration case is ended (terminated), the person is returned to ICE custody, or the person is removed. ICE then refunds the cash and interest to the obligor at the address on file.

The money is lost if the person misses a hearing or does not show up when ICE asks. That is called a breach. Even then, ICE says it refunds the interest. There is a 30 day window to appeal a breach.

What does this look like in real life?

This example is made up to show the steps. It is not a real person.

ICE arrests Carlos at work in Redwood City. He entered without inspection in 2019 and has no criminal record. His wife calls the San Mateo County rapid response line and a legal clinic the same day. The lawyer files a written bond request with the court that covers the detention center and asks his family for letters, his children's birth certificates, and his tax returns. At the hearing, the judge grants bond. Carlos's brother, a U.S. citizen, pays the full amount in CeBONDS from his bank account on a Tuesday morning and keeps the receipt and the bond papers. Carlos is released that evening. When his brother moves the next year, he files Form I-333 so the refund can reach him at the end of the case.

Is there help paying the bond?

• San Mateo County rapid response network (for San Mateo County residents): its mutual aid fund lists bond support in some cases. Call (203) 666-4472.
• Freedom for Immigrants, National Bond Fund: helps people granted bond by ICE or a judge in California or Louisiana, with priority for some cases (for example, primary caregivers or people with strong community ties). freedomforimmigrants.org/national-bond-fund. Ask if it is open now.

Beware of anyone who asks for cash up front to "guarantee" a release. See Warning signs of an immigration scam.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Anywhere in the United States: the DOJ List of Pro Bono Legal Service Providers, sorted by immigration court, including detained courts
• Rapid response lines, open 24 hours, for county residents: San Mateo County (203) 666-4472; Santa Clara County (408) 290-1144
• Community Legal Services in East Palo Alto, for San Mateo and Santa Clara County residents: 650-326-6440, deportation defense including detention
• More groups that take detained and bond cases: Free legal help in the Bay Area

Only an attorney or a DOJ accredited representative may give legal advice. We know waiting is hard. Keep calling, keep gathering proof, and keep hope.