Who Decides if Bond Will Be Allowed and Why?

• Is everyone who is arrested or detained by ICE allowed bond?
  The answer is No – not everyone will be allowed bond. Immigration and Customs Enforcement or the Immigration Judge make this decision on a case by case basis and will consider many factors before deciding.
• Who decides if an Immigration Bond will be allowed and what the amount will be?
  This decision is made either by the Immigration and Customs Enforcement (ICE) office or by an Immigration Judge.

What Factors are Considered When Deciding to Allow Bond or Not?

• Local family and community ties.
• Any prior arrests or convictions.
• Previous appearances history at hearings.
• Membership in community organizations.
• Length of time in the United States.
• How you entered the United States.
• Immoral acts or participation in subversive activities.
• Financial ability to post bond.
• Are you likely to appear at all current proceedings.
• Would you pose a danger to the community or national security if released.
• Flight risk.
• Previous criminal history.

An Immigration Judge may require letters from family members who have legal status, from religious or community members describing where the detainee will live, the detainees’ character and whether they think the detainee will come to all required hearings.

The Following Information is Required When Posting Bond:

1. Alien / non-citizen name.
2. Alien / non-citizen registration number.
3. Name of the facility where the alien / non-citizen is being held.
4. Alien’s / non-citizen’s home address.
5. Alien’s / non-citizen’s date of birth.
6. Alien’s  / non-citizen’s country of birth.
7. Bond amount.
8. Name of the person posting the bond.
9. Valid address for the person posting the bond.
10. Valid Social Security Number for the person posting the bond.
11. Valid phone number for the person posting the bond.
12. Acceptable form of identification.

Any One of the Following is an Acceptable Form of Identification:

1. Permanent Resident Card.
2. Passport with appropriate stamps.
3. Valid driver’s license.
4. State identification with proof of immigration status.