ICE Detention

There are two primary legal mechanisms for release: parole and bond.

Parole is granted by ICE (Immigration and Customs Enforcement) and is typically based on humanitarian concerns or public interest. It does not involve a judge and is entirely at the discretion of ICE officers.

Bond, on the other hand, is granted by an immigration judge during a bond hearing. This option allows the detained individual to be released upon payment of a monetary bond, as long as they are not subject to mandatory detention.

Which path is available depends on the person's immigration history, criminal record, and how they entered the U.S. 

Parole is a form of discretionary release granted by ICE to individuals detained during removal proceedings. It is often used when someone presents compelling humanitarian circumstances, such as serious medical conditions or the need to care for a U.S. citizen child.

Parole does not end the immigration case—it simply allows the individual to wait for their hearings outside of detention. The process involves submitting a formal written request to ICE, supported by documentation such as proof of identity, community ties, a stable address, and the absence of a criminal history.

Even when someone appears eligible, ICE may deny parole unless the request is carefully prepared. Having legal representation can greatly improve the likelihood of approval.

An immigration bond is an amount of money set by an immigration judge that allows a detained person to be released while their removal case is pending. The bond acts as a guarantee that the person will appear for all future court dates. Once the bond is paid (usually by a friend or family member), ICE will release the individual.

Bonds are not available to everyone—only those not subject to mandatory detention under the law.

The bond amount can vary depending on how likely the judge thinks the person is to attend court and whether they pose a danger to the community.

Parole is usually available to individuals who are not considered a flight risk or danger to the community and who have strong ties in the U.S. For example, someone with a pending asylum claim, a clean criminal record, and a stable sponsor in the U.S. may be a good candidate.

ICE officers also consider humanitarian factors, like medical needs or the well-being of minor children.

However, because parole is discretionary, there are no guarantees, even if the person appears eligible. Legal representation can help make a strong case by presenting organized and persuasive evidence tailored to ICE’s standards. 

Bond is typically available to individuals detained under INA § 236(a)—those who are not subject to “mandatory detention” under the law. To be eligible, the person must not be classified as an “arriving alien” or detained for certain criminal convictions.

In a bond hearing, the immigration judge will evaluate whether the person is a flight risk or a danger to the community. The judge has discretion to grant or deny bond based on the evidence presented.

Having legal representation and a complete packet of documents (such as letters of support and proof of ties) can make a significant difference in the outcome. 

By law, the minimum bond amount is $1,500, but in practice, bonds are often set between $5,000 and $15,000, and can be much higher depending on the case. The amount depends on the judge’s assessment of risk: if the person has past immigration violations or weak ties to the community, the bond may be higher. In some cases, ICE may set the initial bond, and the judge can later modify it.

The bond must be paid in full by a person with legal status, using a certified check or money order.

If the individual appears for all court dates, the bond can be refunded at the end of the case, even if the person is ordered removed. 

Yes, in certain situations, you can request a second bond hearing if you can show a material change in circumstances. This might include new relief becoming available (such as asylum eligibility), changed conditions in the home country, or the appearance of new family or community support.

However, if a prior bond hearing was recently denied and nothing has changed, the judge may not allow another hearing.

Your attorney can assess whether a new request would be viable and help document the changed circumstances effectively. It’s important to prepare thoroughly the first time to maximize the chances of success.

Once a bond request is filed, the hearing is generally scheduled within 7 to 14 days, though timelines can vary by detention center and court availability. In urgent cases, attorneys may request expedited hearings.

Delays are possible if the court’s docket is full or if ICE transfers the individual to a different facility.

It’s important to act quickly—gathering documents and preparing a bond package as soon as possible can prevent unnecessary detention time. Having a lawyer manage the process ensures all deadlines and procedural requirements are met.

The judge will assess two primary factors: flight risk and danger to the community.

Flight risk includes whether the person has strong ties to the U.S., prior immigration violations, or stable housing and employment.

Danger to the community is based on criminal history, pending charges, and past conduct.

Judges may also consider the strength of the person’s legal case, such as a credible fear finding or a viable asylum claim. Letters of support, tax records, community involvement, and other positive factors can help persuade the judge to grant a reasonable bond. 

Yes—parole is completely discretionary, which means ICE officers can deny it even if the individual meets the technical eligibility requirements. There is no formal hearing and no right to appeal a parole denial. This makes the initial parole request critically important—your submission should clearly explain the person’s circumstances, provide supporting documentation, and show that they are not a danger or a flight risk.

Because parole is reviewed by ICE officers, having a detailed and well-organized package prepared by an attorney can make a major difference. In many cases, a strong request with medical records, sponsorship letters, and proof of community ties is more likely to succeed. 

No, parole and bond are separate and distinct forms of release, and a person can only be released under one of them. Parole is granted by ICE without a judge’s involvement, while bond is granted by an immigration judge after a hearing. If ICE grants parole, there’s no need to pursue bond. However, if ICE denies parole, the person may still be eligible for a bond hearing—assuming they are not classified as an “arriving alien” or subject to mandatory detention. In that case, the attorney may help transition from a parole strategy to preparing for bond. 

Mandatory detention refers to a legal provision under INA § 236(c) that requires certain individuals to be detained without the possibility of bond. This often applies to people with specific criminal convictions or those involved in terrorism-related activities.

If someone is subject to mandatory detention, an immigration judge does not have the authority to release them on bond, no matter their personal circumstances. However, they may still submit a parole request to ICE, which is discretionary and can be granted for urgent humanitarian reasons. This makes release far more difficult, as it relies solely on ICE’s decision, not a neutral judge. 

Yes, in many cases, asylum seekers can be released either on parole or bond, depending on their classification and how they entered the U.S.

If they presented themselves at the border, they are often labeled as “arriving aliens” and ineligible for bond—but they can still request parole from ICE.

Those who were apprehended after entering the U.S. without inspection may qualify for a bond hearing, depending on how ICE classifies them.

Recent legal changes have made this area more complex, so it’s important to consult an attorney to determine eligibility. In all cases, the strength of the asylum claim and community support play an important role in securing release. 

People who entered the U.S. without inspection—commonly referred to as EWIs (entries without inspection)—may face additional barriers to release.

Under a 2025 BIA decision (Matter of Q. Li), even those who entered long ago and were arrested far from the border may still be treated as "applicants for admission." This classification can lead ICE to label them as “arriving aliens,” making them ineligible for bond and leaving parole as the only release option.

However, eligibility depends on ICE’s internal decisions and how the person’s entry and detention are documented.

An attorney can help clarify status and prepare the strongest possible request for release under the circumstances. 

Yes. Any person with legal immigration status in the U.S. can pay the immigration bond on behalf of the detainee.

The payment must typically be made in person at a designated ICE bond acceptance office using a cashier’s check or money order—personal checks and cash are not accepted. Once the bond is paid, ICE will process the release, which usually happens within 24 hours, though delays are possible.

The person who posts the bond is known as the obligor, and they are responsible for ensuring the detainee appears at all future hearings.

If the person complies with all court requirements, the bond is refundable after the case concludes. 

Release from detention does not end the immigration process.

The individual must continue attending immigration court hearings and comply with all orders and deadlines. Depending on the case, they may need to file applications for asylum, cancellation of removal, or other forms of relief. They may also need to update their address with the court and ICE to ensure they receive hearing notices.

Failure to attend court can lead to an in absentia removal order and forfeiture of the bond. 

Not immediately. In most cases, the person must apply for and receive employment authorization (EAD) before they can legally work in the U.S. Asylum applicants, for example, may apply for a work permit 150 days after filing their I-589 application. Once granted, the EAD is typically valid for one or two years and can be renewed.

Working without authorization can negatively affect the case and future immigration options. An attorney can help with the timing and filing of the work permit application to avoid delays. 

An immigration attorney plays a vital role in securing a person’s release. They prepare and file detailed parole requests, gather and submit supporting evidence, and represent the individual during bond hearings. They also ensure that procedural deadlines are met, legal standards are applied correctly, and ICE or the judge receives the strongest possible case for release. Attorneys can track detention transfers, communicate with ICE, and provide critical updates to families.

Without representation, families often struggle to navigate the system or present sufficient evidence, which can lead to denial or unnecessary delays. 

It is not legally required, but it is highly recommended. The standards for both bond and parole are complex, and a poorly prepared or incomplete request can lead to denial. An experienced attorney understands how to present supporting evidence in a compelling way and can communicate with ICE or the court on your behalf. Statistically, represented individuals have much higher success rates in securing release. A lawyer also helps avoid mistakes that could harm the underlying immigration case.

Transfers are common and often occur without advance notice, especially when detention space is limited. A person may be moved across state lines or to a facility farther from family, complicating efforts to secure release.

Legal representation is crucial in these cases—attorneys can track the person’s location through ICE systems, maintain continuity in representation, and redirect filings if needed. Family members should inform the attorney immediately of any transfer notifications.

Despite the inconvenience, legal strategies like parole or bond can still proceed after a transfer, though timelines may shift.