
How to Be Released From Immigration Detention
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.