Do you have a loved one who is in the custody of immigration authorities? If so, it doesn’t mean that they have to stay in custody until their trial. They have options. These include getting an immigration bond. This bond can release them back to their family until they have their court hearing.
But, how do you know if your loved one qualifies for an immigration bond? This article will explore what makes someone eligible or ineligible for an immigration bond.
Who decides if someone qualifies for an immigration bond?
U.S. Immigration and Customs Enforcement (ICE) will decide if someone is eligible for an immigration bond. Once your loved one is in custody of ICE, they’ll be told if they qualify for a bond or not. If they’re eligible, ICE or an immigration judge will determine the amount for the bond.
Why is this important? Because there are certain factors ICE looks at to figure out if someone qualifies. Knowing what these are can help you fight for your family if you feel they’re being treated unfairly.
Who’s eligible for an immigration bond?
To be eligible for an immigration bond, your loved one will need to meet certain requirements. These requirements are:
- They cannot be a flight risk. This is someone who is likely to miss their court hearings or someone who may run away from the authorities.
- They can’t be a danger to the community or to property.
- They can’t have a previous order to be removed, or deported, from the United States.
Even if they have committed certain crimes in the past, they may still be eligible for an immigration bond. Make sure your family member or friend speaks with an immigration lawyer about their situation. The lawyer will be able to help them see if they qualify for an immigration bond.
Who isn’t eligible for an immigration bond?
Not everyone will qualify for an immigration bond. For example, if your loved one tried to enter the U.S. illegally and was detained, they may not be eligible for an immigration bond. This might be grounds for mandatory detention. This means that they will have to stay in custody until their legal case is finished.
There are other factors that could prevent your loved one from qualifying for an immigration bond. If U.S. immigration authorities ordered them to leave the country in the past, they may not be eligible. Also, if an immigration judge finds them a threat to the country, they could be deported for terrorist activities.
In addition, there are certain crimes that will prevent individuals from qualifying for an immigration bond. If your friend or family member has been convicted and detained for one or more of those specific crimes, they may not be eligible for a bond.
When to request a hearing
There are certain situations where your loved on may feel the need to request a court hearing. They can do this by a written or an oral request. Make sure that they speak with an immigration lawyer when requesting a hearing.
Some common reasons why they may ask for a hearing are:
- If they think they qualify for an immigration bond, but didn’t receive one. In this hearing, your loved one will be able to explain why they think they qualify for an immigration bond.
- If they think their bond amount is too high. They can go before an immigration judge and explain why the bond amount should be lowered.
- If their circumstances have changed while they’ve been in custody. They can ask the immigration judge to reconsider their custody status.
- If they feel that they have been detained for an excessive amount of time.
Things to keep in mind
Each immigration case is unique. Even though your loved one may meet the requirements for an immigration bond, there is no guarantee that they will get the bond. And there is no guarantee that your requests for a court hearing will be granted.
The best thing your family member or friend can do in this case is to speak with an immigration lawyer right away. At Robichaud, Schroepfer & Correia, P.A. our immigration lawyers are experts in immigration bonds. We know the complexities of the immigration laws and are ready to fight for you and your loved one. Contact us today by filling out the form at the bottom of this page.