If you or a loved one is stuck in ICE detention, the first question is simple: can we get them out on bond?

In immigration court, “bond” is basically a way for someone in ICE custody to be released while their case is still going on. A bond hearing happens in front of an Immigration Judge, who looks at whether the person is a danger to the community and whether they are likely to show up to future court dates. If the judge is convinced on those points and the law allows it, the judge can set a bond amount, and once that bond is paid, the person can go home while fighting their case instead of waiting in a detention center.

For a long time, people who crossed the border without a visa were often told they were in “mandatory detention” and simply could not get a bond hearing. Recently, federal courts have pushed back on that. In cases like Maldonado Bautista, the court made clear that many people who entered without inspection but were picked up inside the United States — at home, at work, during a traffic stop, and not literally at the border — are not automatically stuck in mandatory detention. Instead, a lot of those individuals fall under the regular detention statute, which allows them to ask an Immigration Judge for a bond hearing. 

There is a separate but equally important group: people who came to the U.S. legally and were later detained by ICE. Think of someone who entered on a visitor visa, student visa, or other lawful status, and then, years later, they are taken into custody. In many of those situations, the law has long allowed them to request a bond hearing in front of an Immigration Judge, unless they fall into narrow mandatory detention categories (for example, certain criminal convictions or prior removal orders). The key point is that a legal entry, followed by an interior arrest by ICE, usually means bond is at least on the table.

At Raff & Raff, we focus on turning that “maybe” into a strong, concrete request. In a bond case, we look first at eligibility: whether the law actually allows a bond hearing in light of how and when the person entered the country and how and when ICE detained them. For clients the government labels as “mandatory detention,” we use recent federal court decisions to argue that they should instead be treated as bond-eligible. Then we build out the story: how long the person has lived here, their family and community ties, their work history, any medical issues, and anything else that shows they are not a danger and not a flight risk. We also address any criminal or immigration history honestly and with context, backed up by documents, so the judge sees the full picture rather than just a record printout.

These recent court decisions matter because they change the answer for a lot of families who were told “no bond, no chance.” If someone crossed the border years ago, was not caught right away, and was later picked up inside the U.S., there is now a strong reason to have an attorney review whether they are actually bond-eligible despite what ICE might say. The same is true for people who entered legally and are now in ICE custody but have never been told they can ask an Immigration Judge for bond.

If your family member is detained by ICE — whether they crossed the border without papers or came here legally — you do not have to guess about bond eligibility or rely only on what someone at the detention center said in passing. Raff & Raff can review the specific facts of the case, explain the options in plain language, and, where the law allows it, move quickly to request a bond hearing and prepare a strong bond package.

This article is general information, not legal advice. Immigration detention and bond rules change based on new federal court rulings and individual circumstances. If someone you care about is in ICE detention, contact Raff & Raff to schedule a consultation and get case-specific guidance.

By: Cenab Yavuz, Esq.