When a person with illegal status is detained by U.S. immigration officers; mostly from the office of Immigration and Customs Enforcement (ICE), getting out of the detention facility and going back home with family is a top priority. This can be achieved if the ICE independently evaluates that the person is eligible for an immigration bond. Thus, by paying the bond amount, the detainee can be released from immigration detention on bail.
An immigration bond hearing usually varies as per the reason for detention. Suppose the person is detained for a simple immigration violation like overstaying a visa or having a minor criminal conviction, then the person has to prove that he/she is not a flight risk. However, if that person was detained due to a criminal issue that is he/she is convicted of a crime or charged with a crime and ICE has come to know about it at that point, then that person needs to convince the immigration court that he/she would not pose a danger to the society.
There are several consequences to the immigration bond getting denied by ICE. If the bond is denied, then the person cannot review it. ICE has a lot of discretion if a bond can be or not be granted, but if the immigration court denies a bond, then that person can appeal that.
Usually it would take few hours or days for a bond to be granted by ICE. However, if a person is needed to apply in front of the immigration judge, then he/she has to wait for a bond hearing.
It is important to act quickly in case of applying for a bond. If the detained person possesses a serious criminal history and has a family in the United States, then he/she may be eligible to apply for bond at earlier stage. Moreover, it would be easier and less costly to apply bond with ICE rather than immigration court.
With a good knowledge of all the required legal procedures and a proper understanding of the complex US immigration laws, the chances of a bond to be granted can be increased.
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