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How to Be Released From Immigration Detention

April 17, 20253 min read

Navigating Immigration Detention: How to Secure Release with an Immigration Bond

At any given moment, tens of thousands of immigrants are detained across more than 200 facilities in the United States. If your loved one is facing immigration detention, you're not alone—and there are clear steps you can take to help them regain their freedom.

Understanding why immigration detention happens, who qualifies for release, and how to navigate the system is critical. That’s exactly what we’ll walk you through—step by step.


What Is Immigration Detention?

Immigration detention occurs when individuals suspected of violating U.S. immigration laws are taken into custody by Immigration and Customs Enforcement (ICE). This can happen during:

  • Border crossings

  • Routine traffic stops

  • Visa overstay investigations

  • Asylum or immigration status reviews

International standards recommend using detention only as a last resort, meaning alternatives should be considered first. While detained, individuals still have rights, including:

  • Access to legal representation

  • Medical care

  • Protection from mistreatment

Knowing these rights is the foundation for navigating this complex process.


Who Is Eligible for Release?

To determine whether someone can be released from ICE custody, authorities assess two main factors:

1. Flight Risk

Authorities evaluate whether the person is likely to attend future hearings. If someone has strong ties to the community, stable housing, or employment, they are less likely to be considered a flight risk.

2. Danger to the Community

ICE also considers any criminal history or affiliations that could pose a threat to public safety.

If the individual is not deemed a risk, they may qualify for:

  • Release on recognizance (without bond)

  • Immigration bond

  • Supervision programs, including ankle monitors or regular ICE check-ins

Working with an attorney or bond company can significantly improve your chances of release.


The Immigration Bond Process: Step-by-Step

If your loved one qualifies for release, posting an immigration bond is often the next step. Here's how it works:

Step 1: Contact an Immigration Bond Agent

Reach out to a licensed immigration bond company. The agent will gather case details and help determine eligibility.

Step 2: Provide Required Information

You’ll need to share key details, including:

  • Detainee’s full name

  • Alien Registration Number (A-number)

  • Detention location

  • Bond amount, if known

The person posting the bond (you) must provide proof of identity and legal status.

Step 3: Complete the Bond Application

Your bond agent will prepare the necessary documents and collect the bond premium, a non-refundable service fee that typically ranges from 10% to 20% of the total bond amount.

Step 4: ICE Processes the Bond

Once submitted, it generally takes 24 hours for ICE to process the bond. During this time, the detainee remains in custody until the payment is confirmed.

Step 5: Release from Detention

Once the bond is accepted and processed, ICE will release the individual, who must then attend all future immigration court hearings and comply with any release conditions.


What If ICE Denies Bond?

If ICE does not grant a bond—or sets the amount too high—the individual may need to request an immigration bond hearing before a judge.

What the Judge Considers:

  • Immigration history

  • Criminal record

  • Financial stability

  • Family and community ties

  • Evidence of strong moral character

Supporting documents like pay stubs, bank statements, and letters from family members can help strengthen the case.

Working with an immigration attorney is strongly recommended for bond hearings to present the best possible case and increase the likelihood of release.


Get Help from Trusted Professionals

The immigration detention process is overwhelming—but you don’t have to face it alone. Whether your loved one has just been detained or you’re unsure how to begin the bond process, Amistad Bail & Immigration Bonds is here to help.

With years of experience in posting immigration bonds nationwide, we’ll guide you every step of the way with compassion, clarity, and urgency.

Ready to get started? Learn more about the process on our Immigration Bonds Overview page.

Want to understand your options? Visit our Eligibility and Requirements section to find out if your loved one may qualify for release.

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