Who is Eligible for an Immigration Bond? Not everyone in the custody of the DHS/ICE is eligible for bail bonds to leave detention.

Persons cannot have an immigration bond posted and leave detention if …

  • They have previously been ordered to be deported. The previous decision by the INS for deportation is already final, it is not possible to obtain a bond and leave detention in such a case.
  • They have certain serious criminal convictions, like felonies for which they served more than one year in jail. In such cases, the alien may be statutorily ineligible for bond.
  • They are at risk of flight to evade immigration proceedings
  • They pose a danger to the community
  • They pose a threat to national security