Who is eligible for an immigration bond? Not all persons detained by DHS/IC E are eligible for bail to leave detention.

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

  • They have already been ordered to be expelled. The previous decision of the INS of deportation is already final, it is not possible to obtain bail and leave the detention in such a case.
  • They have certain serious criminal convictions, such as crimes for which they served more than a year in prison. In such cases, the foreigner may be legally ineligible for bonding.
  • They are at risk of fleeing to evade immigration procedures
  • They are a danger to the community
  • They pose a threat to national security