Once a noncitizen has been detained, the U.S. Department of Homeland Security will determine their bond and serve the Notice to Appear (NTA). After the NTA has been served, the foreign national may request a bond redetermination hearing in order for the DHS decision to be reviewed and redetermined by the immigration court.
How Does Bond Work?
Paying a bond is a way for an individual to get out of detention after being detained by U.S. immigration officers. After the bond is paid and you are released, you must appear at all court proceedings and comply with any court orders in order for the bond money to be returned to the person who paid it. If you do not show up for the court hearings, the bond is revoked and the money is not returned. Releasing a person on a bond is a way for the government to ensure that a person will appear for court hearings and comply with court orders.
A foreign national must clearly establish they are not a flight risk or a security risk in order to be released on bond. The following factors will be considered by the immigration judge in order to determine whether the individual has met this requirement:
- Fixed United States address
- Length of time residing in the United States
- Family ties in the United States, especially relations that may result in immigration benefits to the individual
- History of employment in the U.S., including stability and duration
- Immigration record
- Any attempts to escape from authorities or avoid prosecution
- Failures to appear for scheduled court proceedings in the past
- Criminal record, displaying disrespect for authorities and the law and potential ineligibility for removal relief. The extent and recency of the record will be taken into consideration.
- Early release from prison or parole
- Any difficulties the Department of Homeland Security has had in executing a final order of removal
Whether or not you are eligible to be released on bond depends on why you were detained in the first place and what your current status is in the United States. If one of the following categories applies to you, an immigration judge is not allowed to grant you a bond and you must remain in detention for the entirety of your removal proceedings:
- You are considered an “arriving alien,” such as a non-citizen returning to the United States after traveling outside of the country.
- You did not present documents to an officer at a U.S. port of entry or border, and you entered the United States without being lawfully admitted into the country.
- You have participated in activities that pose a threat to the national security of the United States
- You have committed certain crimes in the United States, like violent crimes, theft, and drug possession or sale.
How We Can Help
Youngblood & Associates can help address your immediate concerns by representing you in a bond redetermination hearing. We will work to provide convincing evidence that you do not present a risk and deserve to be released on bond. We stay up-to-date with changing regulations and local procedures in order to represent you effectively.
Not sure what you need?
Call our office today at 931-274-7811 to schedule your FREE first consultation or complete a service inquiry form to get your process started today.