Immigration Bonds & Detention
When ICE detains someone, they may be released on an immigration bond that helps ensure they appear at future proceedings. ICE can set an initial bond, and a detained person can ask an immigration judge (EOIR) to reconsider the amount at a bond redetermination hearing. But certain people are subject to mandatory detention under the law and are not eligible for release on bond.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Immigration is federal law and detention rules are technical. This is general information, not legal advice — if someone is detained, get a qualified immigration attorney involved quickly, because eligibility and deadlines matter.
When Immigration and Customs Enforcement (ICE) detains someone, they may be able to get out on an immigration bond — a payment that helps ensure the person shows up for their future immigration proceedings. The most common type is a delivery bond.
Who sets the bond
ICE may set an initial bond amount. If the person disagrees, they can request a bond redetermination hearing before an immigration judge at the Executive Office for Immigration Review (EOIR). The judge has authority to redetermine the amount ICE set. Bond proceedings are separate from the removal case itself.
At a bond hearing, the immigration judge generally decides first whether the person is eligible for bond, and if so, whether releasing them would pose a danger to persons or property or a flight risk. The person may be represented by a lawyer — but, as in removal proceedings, at their own expense.
Mandatory detention
Not everyone is bond-eligible. Under INA § 236(c), certain individuals are subject to mandatory detention and cannot be released on a discretionary bond. People detained under INA § 236(a) may be eligible for discretionary release. Whether mandatory detention applies depends on the specific facts and is exactly the kind of question to bring to an attorney.
Posting a bond
Bonds are posted through ICE, which uses an electronic system. Eligible obligors include U.S. citizens, lawful permanent residents, law firms, and non-profit organizations. To understand whether bond is even possible in a given case, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Who sets an immigration bond?
- ICE may set an initial bond, and a detained person can ask an immigration judge (EOIR) to redetermine the amount at a bond hearing.
- What is a delivery bond?
- A delivery bond is designed to ensure a detained person appears at their immigration proceedings; it's posted with ICE.
- Can everyone who is detained get a bond?
- No. People subject to mandatory detention under INA § 236(c) are not eligible for release on bond.
- What does an immigration judge consider at a bond hearing?
- Whether the person is eligible for bond and, if so, whether releasing them would pose a danger to persons or property or a flight risk.