How Long Can You Be Held Without a Bond Hearing?

When an illegal immigrant in the United States is arrested by the Immigration and Customs Enforcement (ICE) agency, it is like a traditional arrest made by local law enforcement agents. The immigrant, like a person arrested for a crime, is taken into custody, and held until their eligibility for a bail bond is determined. In an ICE facility, this eligibility is typically determined on the first day after the initial arrest, but some circumstances may delay the process leading some to question their rights; such as, how long can you be held without a bond hearing?

In most scenarios, individuals who have been arrested by local law enforcement agents are entitled to a bond hearing within 24 hours of their arrest. This, however, may vary from state to state with timelines ranging between 24 to 72 hours. It is also important to note that those who are perceived to be a flight risk or those who have committed a serious crime may have to wait longer for a bail bond hearing. This is because some criminal charges make arrestees ineligible for release on bond, and others will require a judge to investigate the charges further to determine if it is safe to release the arrestee from police custody.

When it comes to ICE, the process is fairly similar. Some immigrants pose more of a risk than others therefore it may be a lengthier process to determine bond eligibility. Those who have extensive criminal histories, pose a risk to national security or the public or are viewed as flight risks, for instance, will be deemed ineligible for release on bond. This means that they will be held in mandatory detention until their case concludes in court. Others, however, who have been deemed ineligible but are not subjected to mandatory detention may wish to request a Bond Redetermination Hearing which can add to the amount of time it takes to receive a final decision on their bond eligibility. The same can be said for those who request to have their bond lowered. Other factors like time of arrest, holidays and a backlog of detainees can also affect how long it takes before a bond hearing is held.

After eligibility is determined and an amount is set for a bail bond, the process moves fairly quickly, and the immigrant can be released within a matter of hours afterwards. This will require a bond sponsor to pay the full amount set by the judge. If the amount is still too expensive after a Bond Redetermination hearing, a family member or friend may opt to use a bail bond service or agent. With this option, they only need to pay a percentage of the full bail bond amount and provide a form of collateral to ensure the release of their loved one.

If you have questions about how long you can be held without a bond hearing or about how you can secure a bail bond, contact us today to learn more and discover how we can help.