Not everyone in custody of the DHS/ICE is eligible for bail bonds to leave detention.
Persons cannot have 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 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