How to Get an Immigration Bond to Avoid Deportation


Shawn Sedaghat, Esq.
If you’re detained by Immigration and Customs Enforcement (ICE) and facing removal proceedings in the U.S., you might be wondering how to secure your release. One way to avoid remaining in a detention facility while your case is ongoing is by obtaining an immigration bond. This article will guide you through what an immigration bond is, how to request one, and what happens during a bond hearing. We’ll also cover the types of bonds, how bond amounts are determined, and how to get your bond money back.
Now, it’s time to learn everything you need to know about immigration bonds and deportation release (USA).
What Is an Immigration Bond?
An immigration bond is a payment made to the Department of Homeland Security (DHS) to secure the release of a detained immigrant while they await their immigration court hearings. The purpose of immigration bonds is to ensure that the individual will attend all required court hearings and comply with any orders from the immigration judge.
The bond amount is typically set by ICE but can be reviewed and adjusted during a bond hearing. It’s important to note that not everyone detained by ICE is eligible for a bond.
Types of Immigration Bonds
There are two main types of immigration bonds:
- Delivery Bond: This type of bond is issued to ensure that the detained person attends all their immigration court hearings. If the individual complies, the bond will be refunded after the case is closed.
- Voluntary Departure Bond: This bond allows a foreign national to voluntarily leave the U.S. within a specified time period. If the person leaves as required, the bond is refunded; otherwise, it is forfeited.

Who Is Eligible for an Immigration Bond?
Not all detained individuals are eligible for an immigration bond. Some factors that can affect eligibility include:
- Criminal history: If you have been convicted of certain crimes, such as an aggravated felony, you may be ineligible for a bond.
- Flight risk: The immigration judge will assess whether you are likely to attend your court hearings. If the judge believes you are a flight risk, you may not be granted a bond.
- Threat to public safety: If your presence is deemed a danger to public safety or national security, you may be denied a bond.
How to Request a Bond
There are two primary ways to request an immigration bond:
- Ask ICE for a Bond: ICE can set a bond amount when they initially detain you. If the bond is set too high or ICE refuses to grant a bond, you can request a bond hearing before an immigration judge.
- Bond Hearing: If ICE doesn’t grant a bond or if the amount is too high, you can request a bond hearing in immigration court. During this hearing, you can present evidence to show that you should be released on bond.
What Happens During a Bond Hearing?
A bond hearing is separate from your removal proceedings. During this hearing, the immigration judge will decide whether to grant you a bond and set the amount. The judge will consider:
- Eligibility for bond: As mentioned, not all detained individuals qualify for a bond.
- Flight risk: The judge will evaluate whether you are likely to attend your future court hearings.
- Public safety and national security: The judge will look at your criminal record, your ties to the community, and whether you pose a threat to public safety or national security.
The judge will review the evidence you provide, such as letters from family members, proof of employment, and any other documentation that shows you have strong ties to the community and are not a flight risk.
How Much Is the Bond?
The minimum bond amount is $1,500, but the immigration judge can set a higher amount based on the details of your case. Factors such as your history, community ties, and the seriousness of any past offenses will influence the bond amount.
If the bond is set too high, you can request that the judge lower it during the bond hearing. It’s important to remember that even if the judge lowers the bond, you will not be released until the bond money is paid.
Who Can Pay the Bond?
Anyone with lawful status in the U.S. can pay the bond on your behalf. This can be a family member, a friend, or another individual. The bond must be paid at an ICE office, and it must be paid in full. Payment can be made by a cashier’s check or money order made out to the Department of Homeland Security.
What Happens After You Pay the Bond?
Once the bond money is paid, you can be released from the detention facility while you await your immigration court hearing. However, this does not end your case. You must attend all scheduled court hearings and comply with the immigration judge’s orders.
If you miss a court date or fail to follow the judge’s orders, you could be detained again, and the bond money will be forfeited. If you attend all hearings and follow the judge’s orders, the bond money will be refunded after your case concludes.
What if You Can’t Afford the Bond?
If the bond amount is too high, there are a few options:
- Request a lower bond: You can request that the immigration judge lower the bond during the bond hearing by presenting evidence that justifies a lower amount.
- Community organizations: Some organizations, like the Minnesota Freedom Fund, provide assistance to pay immigration bonds for individuals who cannot afford it.

Can You Be Deported Even After Posting Bond?
Yes, even if you are released on bond, you can still be deported if the immigration court rules against you during your removal proceedings. Posting bond allows you to stay out of detention while your case is being decided, but it does not guarantee that you will be allowed to stay in the U.S.
How to Get Your Bond Money Back
If you attend all your immigration court hearings and comply with the judge’s orders, the bond money will be refunded at the end of your case. To get the refund, you will need to submit the following documents to the Debt Management Center:
- Form I-391 (Notice of Immigration Bond Cancelled): This form will be sent to you by ICE after your case is closed.
- Form I-305 (Receipt of Immigration Officer): This is the receipt you received when you paid the bond. If you don’t have this form, you can submit Form I-395 (Affidavit in Lieu of Lost Receipt).
Mail these forms to the Debt Management Center, and your bond money will be refunded within a few weeks. Remember, if the detained immigrant does not comply with court orders, the bond money will be forfeited.
Conclusion
Getting an immigration bond is a crucial step if you want to be released from a detention facility while waiting for your immigration court hearing. To improve your chances of being granted a bond, it’s important to gather all necessary documents, present strong evidence, and comply with all court hearings and orders.
If you are facing detention and deportation, it is highly recommended that you consult with an experienced immigration attorney. An attorney can help guide you through the process, represent you in court, and ensure that your rights are protected.
FAQs
What is an immigration bond?
An immigration bond is a sum of money paid to the Department of Homeland Security (DHS) to secure the release of a detained immigrant while they await their immigration court hearings. It ensures that the individual will attend all their scheduled hearings.What is a bond hearing?
A bond hearing is a proceeding in immigration court where the immigration judge decides if a detained immigrant is eligible for release on bond and sets the bond amount.Can I request a lower bond?
Yes, during your bond hearing, you can ask the immigration judge to lower the bond amount by presenting evidence that shows you are not a flight risk or a danger to public safety.Who can pay the immigration bond?
Anyone with lawful status in the U.S., such as a family member or friend, can pay the bond on your behalf at an ICE office.What happens if I miss a court hearing after posting bond?
If you miss a court hearing after posting bond, you will forfeit the bond money, and an order of removal may be issued against you. Always attend your scheduled hearings to avoid this.