What is a bond hearing?

This is information, not legal advice.

This guide explains the general rules. What they mean for your family member depends on their circumstances. Answer a few questions to check their situation.

Immigration bond hearing or criminal bail hearing?

Many people searching “bond hearing” mean criminal court, where a judge sets bail after an arrest. This page is about immigration court. The idea is similar — money posted as a promise to come back — but the rules are different. An immigration bond is paid to ICE, not to a county court. It is decided by an immigration judge, who works for the Justice Department. And the question is whether the person will show up for their deportation case and is not a danger, not whether they committed a crime.

Who can get one

A bond hearing is only available when the law ICE is holding someone under allows release. In practice:

• Usually yes for someone held under section 236(a), 8 U.S.C. § 1226(a), the ordinary rule for people in deportation proceedings.
• No for someone in mandatory detention under section 236(c), which covers certain criminal convictions and, since 2025, certain arrests and charges under the Laken Riley Act. They can still ask a judge to decide whether they really belong in that category.
• No for someone with a final removal order. Different rules apply.
• It depends on the state for someone who entered without inspection. Since 2025 ICE says they cannot get one at all. Most federal appeals courts disagree. See did ICE end bond hearings?

How to ask for one

The detained person can ask in any of these ways, and none costs anything:

• On Form I-286. This is the Notice of Custody Determination ICE hands over after the arrest. It has a box for asking an immigration judge to review custody. Checking it and signing is the simplest way.
• Out loud in court at the first hearing.
• In writing to the immigration court over the place of detention. The request needs the person’s full name, A-number, the bond amount ICE set (or “no bond”), and the facility. See a sample motion for a bond hearing.

The request can be made before ICE has even filed the deportation case with the court, so there is no reason to wait. One caution: there is usually one real chance at this. Asking again later requires showing that something important has changed. If the hearing comes up before the evidence is ready, the detained person can ask the judge for more time.

What happens at the hearing

The detained person usually appears from the detention center, in person or by video. Present are the immigration judge, a lawyer for the government (from ICE’s Office of the Principal Legal Advisor), and an interpreter if needed, in the room or by phone. A typical hearing runs like this:

• The judge confirms who is there and what bond, if any, ICE set.
• The judge takes the evidence both sides filed. The government can hand up records too, and the detained person gets a copy.
• The judge asks the detained person questions: how long they have lived here, who they live with, work, family, any arrests.
• The government lawyer argues for a high bond or no bond. The detained person, or whoever represents them, answers.
• The judge decides, usually on the spot, and asks both sides whether they want to appeal.

Nothing said at a bond hearing decides the deportation case. By regulation the two are kept separate (8 C.F.R. § 1003.19(d)).

What the judge decides, and on what

The judge asks two questions: is this person a danger to others, and are they likely to skip their future hearings? If the answer to both is no, the judge sets an amount. The minimum is $1,500, and there is no maximum. The factors come from Matter of Guerra, 24 I&N Dec. 37 (BIA 2006): a fixed address, years in the country, family here, work history, past court appearances, criminal record, immigration history, and how they entered.

In some places the judge must also consider what the family can afford and whether conditions short of money would work. In the Ninth Circuit (California, Arizona, Washington and the other western states) that is required by Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017). Bring proof of income either way.

It is worth knowing the odds. Through August 2026, immigration judges granted bond in 20,258 of 66,620 bond hearings, about 30 percent (TRAC). The median bond set in early 2026 was $7,500, according to an analysis of immigration court data. Preparation is the part the family controls.

What to bring

• A sponsor letter. From the person they will live with, saying how they know them, the street address, who else lives there, and how they will get them to every hearing. Attach a bill or lease showing the address. A sponsor who is a citizen or green card holder can attach proof, which helps; it is not required. See how to write a sponsor letter.
• The bond worksheet. Many courts hand it out. It summarizes family, years here, work and record. See how to fill out the bond worksheet.
• Proof of ties. Birth certificates of U.S. citizen children, a marriage certificate, leases, tax returns, pay stubs, letters from employers, churches and neighbors.
• Records for any arrest. The final outcome of every charge: dismissed, reduced, or what sentence was served.
• Proof of a case to stay. Anything showing they can ask for relief, such as a pending family petition or evidence of fear of return.

Bond has its own file, so documents already filed in the deportation case have to be filed again for the bond hearing. Anything not in English needs a full English translation with a signed statement from the translator. Make two copies of everything: one for the judge and one for the government lawyer. Keep one more for yourselves.

What comes next is covered in what comes after a bond hearing.

Questions people also ask

Is a bond hearing the same as a deportation hearing?

No. The bond hearing decides only custody: whether the person waits for their case at home or in detention. By regulation it is kept separate from the removal case, and nothing said in it decides whether they can stay in the country. The same judge usually handles both.

How long does it take to get a bond hearing?

Usually a few weeks from the request, sometimes faster on a detained docket and sometimes longer. It depends on the court. The request can be made before ICE has even filed the case with the court, so ask as early as possible.

Can family members go to the bond hearing?

Often, yes. Many detention courts allow observers, and some hearings happen by video. Call the immigration court or the facility first to learn its rules. Family members who come show the judge that the person has support waiting.

Can the judge raise the bond ICE set?

Yes. The judge looks at custody fresh and can lower the amount, keep it, raise it, or deny bond. That is why it pays to have the evidence ready before asking.

Do you need a lawyer for a bond hearing?

No. A detained person can ask for and argue their own bond hearing, and many do. What matters most is the evidence: a sponsor letter, proof of address, and proof of ties. The family can gather all of it.

Check if they can get a bond hearing

Check your family member’s situation to see which release options may apply, what to do next, and which documents to gather.