Immigration bond lawyer in New York. Fight for bond to secure release from ICE detention. Bond hearings, bond redetermination, and alternatives to detention. Call (518) 698-0347.
When a person is taken into ICE custody, the government must make an initial determination about detention. In some cases, DHS will administratively set a bond amount that can be paid directly to secure release. In others — particularly where the government believes mandatory detention applies or where they oppose release — the detained person must appear before an immigration judge to request a bond hearing. At that hearing, the judge weighs the government's arguments for continued detention against evidence of the person's community ties, lack of danger to the community, and likelihood of appearing for future immigration proceedings. Understanding how this process works and how to present the strongest possible case for bond is critical to securing a quick release.
The amount of a bond is not arbitrary — immigration judges weigh specific factors when setting bond, and a well-prepared attorney can make a significant difference in both whether bond is granted and how much it is set at. Factors such as length of U.S. residence, family ties (especially U.S. citizen or LPR children and spouses), stable employment and housing, absence of a criminal record, and evidence of prior compliance with immigration proceedings all weigh in favor of a lower bond. Conversely, prior removal orders, criminal history, prior failures to appear, and lack of community roots can work against bond eligibility or result in a higher bond amount. Our attorneys compile comprehensive packages of documentary evidence and prepare a compelling legal argument for your release at every bond hearing.
When bond is set at an amount that cannot be paid, or when a detained person does not qualify for bond, alternatives to detention may provide a path to release while removal proceedings continue. ICE's Intensive Supervision Appearance Program (ISAP) and other supervision programs allow individuals to be released from physical custody while complying with monitoring requirements such as ankle bracelets, telephone check-ins, and in-person reporting. Our attorneys advocate for enrollment in these programs and work to have any monitoring conditions structured in a way that minimally disrupts your daily life and employment while ensuring your appearance for all immigration proceedings.
Eligibility for an immigration bond depends on several factors, including how and why you entered ICE custody and whether any mandatory detention laws apply to your situation. Generally, individuals who are detained based on certain criminal convictions — including aggravated felonies, crimes involving moral turpitude, controlled substance violations, firearms offenses, and other enumerated categories — may be subject to mandatory detention, meaning an immigration judge has no authority to set bond. Individuals who are detained as arriving aliens — meaning they were stopped at a port of entry — also face significant restrictions on bond eligibility. However, many detainees do not fall into mandatory detention categories and are entitled to a bond hearing before an immigration judge. At that hearing, the judge evaluates whether the person poses a danger to the community or a flight risk, and if neither is found, the judge has discretion to set a bond. An attorney can review your detention circumstances immediately and advise whether you qualify for a bond hearing.
When an immigration judge conducts a bond hearing, they must set a bond of at least $1,500 if they determine you are eligible — but the actual amount depends on a weighing of factors for and against release. Factors that can increase the bond amount or lead to denial include prior failures to appear for immigration proceedings, prior orders of removal, criminal history, lack of stable address or employment, and any evidence suggesting you might not appear for future hearings. Factors that support a lower bond amount include strong ties to the community (family members in the U.S., long residence, home ownership, employment), lack of criminal history, evidence of good moral character, strong equities in the United States, and evidence that you are not a danger to any person or to the community. Your attorney will compile and present documentary evidence of these positive factors — including letters of support, proof of employment, lease agreements, tax returns, and evidence of family ties — to argue for the lowest possible bond amount.
Yes. If an immigration judge sets a bond that you or your family cannot afford, you have the right to request a bond redetermination hearing to ask for a reduction. At a redetermination hearing, your attorney can present new evidence of community ties, changed circumstances, or additional positive factors that were not available or fully presented at the original bond hearing. It is important to understand that the government may also appeal a bond decision to the Board of Immigration Appeals (BIA) if they believe the bond was set too low — which is a reason to have experienced legal counsel preparing and presenting your bond case from the very beginning. Bond redetermination hearings can be powerful tools when new evidence becomes available, and your attorney can advise on the best timing and strategy for requesting one.
The time it takes to get an immigration bond hearing depends on the detention facility where you are held, the immigration court's docket, and whether your attorney promptly requests a hearing. In many cases, attorneys can request an expedited bond hearing given the urgency of detention situations, and courts are generally more responsive to scheduling bond hearings quickly than to scheduling full merits hearings. However, the timeline varies by jurisdiction — some courts schedule bond hearings within days of a request, while others may take several weeks. If DHS has already set an administrative bond (as opposed to requiring a hearing before an immigration judge), it may be possible to pay that bond without a hearing, though the administratively set bond amount is often higher than what a judge might set after hearing your full circumstances. Your attorney will act quickly to determine the fastest path to your release.
If an immigration bond is set but you cannot afford to pay it, there are several options. First, your attorney can request a bond redetermination hearing to seek a lower amount. Second, immigration bond companies (similar to criminal bail bondsmen) exist that will post the bond for a non-refundable fee — typically 15 to 20 percent of the total bond amount. Third, community organizations and immigration bond funds exist in New York that may be able to assist individuals who cannot otherwise afford bond. Fourth, your attorney can advocate for alternatives to detention — such as enrollment in ICE's Intensive Supervision Appearance Program (ISAP), which uses ankle monitoring and check-ins to supervise released individuals as an alternative to detention and bond. If none of these options are available, the detained individual must remain in custody while their removal case proceeds, though your attorney will continue to fight for your release through every available avenue.
While both immigration bonds and criminal bail bonds serve the purpose of securing a person's release from custody pending legal proceedings, they are entirely separate systems governed by different laws and processes. Criminal bail is set by a state or federal criminal court judge and is governed by criminal procedure rules. Immigration bond is set by an immigration judge (or administratively by DHS) and is governed by the Immigration and Nationality Act and related regulations. A person can face both criminal charges and immigration detention simultaneously, and a release on criminal bail does not automatically result in release from immigration detention — ICE can maintain a detainer and re-arrest an individual even after they are released on criminal bail. Similarly, paying an immigration bond does not resolve any pending criminal charges. Immigration bonds are posted to USCIS, not to a local court, and the bond is returned at the end of immigration proceedings if all conditions are met, regardless of the immigration outcome.
Our immigration bond attorneys work quickly to secure release from ICE detention throughout New York.