ICE Guide Explains How Bail Can Free Immigrants Detained in the United States

A guide from U.S. Immigration and Customs Enforcement explains how immigration bonds can allow detained migrants to obtain temporary release while their cases continue. The bond represents a formal commitment to the agency’s Enforcement and Removal Operations office: the migrant promises to attend every court hearing and comply with the judge’s final decision.

The minimum bond amount is $1,500. A document from the Florence Immigrant & Refugee Rights Project, hosted on ICE’s website, says the arrangement requires a sponsor who has legal status in the United States. The sponsor provides the money as a guarantee that the detained person will honor the commitment.

Immigration law does not set a maximum limit for these financial guarantees. The sponsor can recover the full amount at the end of the court case. But a Justice Department guide says the sponsor loses all the money if the migrant misses even one hearing. Missing a deportation hearing after release also triggers an automatic deportation order.

Release on bond does not suspend the underlying case or halt an ongoing removal process. Not everyone in custody qualifies. Authorities consider the person’s criminal and immigration history. Under the 2025 Laken Riley Act and Section 236(c) of the Immigration and Nationality Act, mandatory detention applies to arrests or convictions involving controlled substances, property theft, assaults on law-enforcement officers or serious violent offenses. People subject to a final removal order are also ineligible.

The article says federal appeals courts remain divided over the legal validity of this guidance, with different circuits applying opposing standards depending on where the detention center is located. In some cases, people held for many months can acquire the right to request a special bond.