2930 Carol Rd., Suite A, York, PA, 17402
Call Us Now
Email Us Now
Facing immigrant detention can be one of the most stressful experiences for a noncitizen and their family. An immigration bond hearing is a special court hearing where a judge decides whether to release a detained person while their immigration case is pending. At this hearing, the immigration judge reviews whether the person qualifies for bond and, if appropriate, sets the amount. In simple terms, a bond in immigration works like bail in criminal cases—it is a financial guarantee to ensure the individual attends all future hearings.
At the Law Office of Rosina C. Stambaugh, we focus exclusively on immigration law. Our firm represents clients in detention and bond matters as well as general deportation defense. Rosina Stambaugh has built a strong reputation as a dedicated immigration attorney who guides clients and their families through each step of this difficult process. With our support, you do not have to face an immigration bond hearing alone.
What Is a Bond in Immigration?
What is a bond, in the immigration court context? A bond is a sum of money that the government collects as a promise that the detained person will show up for all future immigration court proceedings. If the person attends every hearing, the government returns the bond money at the end of the case.
What Is the Immigration Bond Hearing Process?
If the U.S. government decides to attempt to deport someone, it initiates removal proceedings against them and provides a Notice to Appear (NTA) in immigration court. ICE may detain the noncitizen, take them into custody, and hold them in an immigrant detention facility. The immigration bond hearing process can begin promptly after detention.
The bond hearing typically occurs at the start of removal (deportation) proceedings. At this stage, the judge considers only whether to release the individual on bond, not whether they should be deported.
Requesting a Hearing
After ICE detains someone, it may choose to set a bond without the noncitizen having to request it. If ICE does not offer a bond or sets a bond that is too high, the individual can request a bond hearing before an immigration judge.
Bond Eligibility
Bonds are not available in every case. To decide whether to offer release on bond, a judge primarily considers whether the person poses a flight risk, meaning they might not appear for future hearings, or is a danger to the community. The judge may also consider:
- Immigration status;
- How long they have lived in the U.S.;
- Family ties, employment history, and community support in the U.S.;
- Criminal history, if any; and
- Prior compliance with immigration court orders.
Individuals with certain criminal records or security issues may not qualify, regardless of what the judge does, including those with a history of:
- Aggravated felonies,
- Drug trafficking offenses, or
- Ties to terrorism-related activities.
Noncitizens with these issues are subject to mandatory detention and cannot request bond.
The Laken Riley Act
The Laken Riley Act, the first act Donald Trump signed in his second term in January 2025, expands on mandatory detention. It requires immigration authorities to detain noncitizens charged with the following crimes until they resolve their immigration cases:
- Burglary,
- Theft,
- Larceny,
- Shoplifting,
- Assault of a law enforcement officer, and
- Any crime resulting in death or serious bodily injury to another person.
The act means immigration authorities must detain people merely charged with crimes, not convicted. It bypasses due process, requiring the government to detain noncitizens without giving them any opportunity to argue against that detention. Without an opportunity to argue why they should not be detained, noncitizens do not receive any process, much less due process. A federal court has already found the law unconstitutional as a gross violation of noncitizens’ due process rights.
What Happens During an Immigration Bond Hearing?
Immigration bond hearings vary from individual to individual. Generally, at the hearing, the noncitizen and an ICE attorney have the opportunity to present evidence and legal arguments. After the hearing, the judge decides whether to set bond and, if so, in what amount.
At the hearing, the noncitizen, through their attorney, argues why the judge should agree to release them on bond. An ICE lawyer typically also argues why the judge should not release them.
Often, the noncitizen presents evidence through in-court testimony. They may also offer other evidence, like:
- Pay stubs, tax returns, or other proof of steady employment;
- Letters from family, friends, or community leaders showing good moral character;
- Lease agreements, mortgage statements, or utility bills proving stable residence; and
- Birth certificates of U.S. citizen children or dependents to show family ties.
The judge weighs all of the information the noncitizen and ICE offer them before deciding whether to grant bond and what amount is fair.
How Long Does an Immigration Bond Hearing Last?
It is natural to wonder how long an immigration bond hearing lasts. Most hearings are between 30 minutes and one hour, though more complex cases with multiple witnesses or documents may take several hours.
Get Support from the Law Office of Rosina C. Stambaugh
A knowledgeable advocate is essential if you or a loved one is in immigrant detention. At the Law Office of Rosina C. Stambaugh, we dedicate our practice entirely to immigration law. We provide tailored strategies for clients in detention, such as gathering evidence of family ties, preparing for and practicing testimony, and highlighting positive community involvement. We have represented numerous individuals in bond proceedings, helping them reunite with their families while their cases continue.
You do not need to go through this process alone. Contact our office today to learn how we can help.
