The process of getting an immigration bond can be confusing. You can request your immigration bond be lowered and there is a hearing specifically for that purpose.
Once detained, an Immigration and Customs Enforcement (ICE) officer or immigration judge will establish a bond either while the detainee is in custody or in immigration court. Everyone who is arrested is given a bond amount if they can prove, of the judge can see, that they are not a danger to society and they will show up to all their court hearings.
Then you will qualify for a bond.
If you qualify for a bond, you will have the right to ask an immigration judge to lower your bond or release you on your “own recognizance”, which means you will not have to pay any money.
To get a hearing before the immigration judge to ask for a lower bond, you will need to put in a request for a hearing through the deportation office or through the mail. When you request for a bond hearing from the judge, you will need to include:
– Your Alien number (“A” number).
– Your name.
– The State that you would like a “Bond Redetermination Hearing.”
Our U.S. immigration bond specialists recommend keeping a copy of this request for yourself and all other papers you will receive while you request for your immigration bond be lowered.
You will also need to mail a copy of your request for bond hearing to the ICE Office of Chief Counsel, the office of attorneys who represent the government in hearings before an immigration judge.
You can find the address and contact information of the immigration judge and ICE Attorney for your detention facility online or through an ICE officer at the facility.
Once you have contacted the Immigration Judge, they will let you explain why you think your bond should be lowered at a special “bond hearing”. Once the Judge makes a decision about your bond, the decision is final.
Nationwide immigration bails bondsmen cannot stress how crucial it is for you to be well prepared.
“The judge will let you explain why you think your bond should be lowered at a special “bond hearing.” One way to get a bond hearing is to ask the judge for one when you go to court. If you do this, the judge will give you another court date for a bond hearing.”
The judge also has the option to raise your bond or take it away, which means you won’t be allowed to leave detainment until after the trial.
The only way to get another hearing is if the judge made a legal mistake or when circumstances have changed greatly since the first hearing and the individual writes a “motion” to the judge explaining the changes and providing proof. Another reason to be well prepared for your bond hearing is because the judge has the option to raise the immigration bond amount or to remove the bond completely.
Bring This to Your Bond Hearing:
- Immigration status of your family in America.
- Your ties to the community where you live in the U.S (church, sports groups, community groups).
- Current address and how long you have lived there (with proof, lease etc.).
- Your work history and current employer.
- Any problems you have had with the police or ICE or DHS, and whether you have ever missed any court hearings, such as previous bench warrants or bail jumping. If you have a criminal record, then proof that you have been rehabilitated, moved on, changed for the positive.
- How you entered the country and how long you have been here.
- If you have a defense or alternative to removal (such as asylum, cancellation of removal etc.).
How to Prepare for Your Bond Hearing
- Think about your case
If you ask that your immigration bond be lowered, you should show good faith and proof that you are not a risk.
What are you going to tell the judge? Remember that facts and logic do better than emotion. However, immigration judges will have some sympathy and they can make some exceptions. But the majority of your case should have proof and evidence.
- Get all your paperwork together
As we mentioned, the best way to lower your immigration bond is to have proof. You can take financial statements and pay stubs that prove that you cannot afford the immigration bond price.
Then if you can prove you won’t run away. The judge might grant your request to lower your bond.