How to Get Someone Out of Immigration Detention

Getting someone out of immigration detention usually comes down to two things: finding out where ICE is holding them, and either persuading ICE or an immigration judge to release them on bond. The statutory minimum bond is $1,500, but real amounts run much higher, and not everyone qualifies. The path depends on the person’s criminal record, immigration history, and how they came into ICE custody.¹

Locate the Person in ICE Custody

Start with the ICE Online Detainee Locator System. It’s a free public tool that searches everyone currently held by ICE or Customs and Border Protection.² You can search by Alien Registration Number (A-Number) with country of birth, or by first name, last name, and country of birth. Names must match exactly, hyphens included.³ The A-Number appears on documents like a Notice to Appear, green card, or work permit.

The locator does not return anyone under 18. If you get no results and think the person should be there, call the ICE Detention Reporting and Information Line at 1-888-351-4024. Live operators answer Monday through Friday, 8 a.m. to 8 p.m. Eastern, excluding federal holidays.⁴

Find Out If Bond Is Even an Option

Federal law splits detained people into two groups: those subject to mandatory detention, and those eligible for a custody determination.

Mandatory Detention Blocks Bond

Some people must be held without bond throughout their removal proceedings. This covers those who are inadmissible or deportable because of specific criminal convictions: aggravated felonies, controlled substance offenses, firearms offenses, and certain crimes of moral turpitude that resulted in a sentence of at least one year. Terrorism-related grounds also trigger mandatory detention.¹ If ICE classifies your loved one this way, no immigration judge can set a bond through the regular process.

ICE gets this wrong sometimes. A detained person who believes they’ve been misclassified can ask for a Joseph hearing, where the immigration judge reviews whether the underlying conviction actually falls within the mandatory detention statute.⁵ Winning reclassifies the person and opens the door to a regular bond hearing. It does not itself release them.

Discretionary Custody Decisions

For everyone else, ICE makes an initial custody decision, generally within 48 hours of arrest. ICE can release the person on bond, release them on conditional parole (their own recognizance), or keep them detained. If ICE sets a bond the family can’t afford or refuses release, the detained person can request a bond hearing before an immigration judge.⁶

Get a Lawyer Before the Bond Hearing

Immigration court is civil, not criminal, so the government does not provide a free attorney. The statute gives detained people the right to counsel “at no expense to the Government,” meaning they have to find and pay for one.⁷ Most detained people go through the process without one, and outcomes reflect that.

Free help exists. The Executive Office for Immigration Review runs a Legal Orientation Program at roughly 45 detention facilities, where legal service providers explain rights and refer some cases to pro bono attorneys. The Department of Justice publishes a list of free legal service providers by immigration court location.⁸ Detained individuals can reach the ABA Commission on Immigration Detention Information Hotline by dialing 2150# from an ICE or Bureau of Prisons facility phone, or (202) 442-3363 from outside. Family members can email immcenter@americanbar.org on their behalf.

If you can afford to hire someone, do it before the bond hearing rather than after. The hearing is short, moves fast, and the evidence you bring in the first time is what the judge weighs. Mistakes here are hard to fix.

The Bond Hearing

A bond hearing is a brief proceeding where an immigration judge decides whether to release the person and at what amount. The request should include the person’s full name, A-Number, the bond ICE set, and the facility where they’re being held.⁶ Expect roughly one to two weeks between requesting the hearing and appearing before the judge, though this varies by court.

What the Judge Wants to Know

The judge is answering two questions. Will this person show up for future hearings? And are they a danger to anyone? The burden is on the detained person to prove both.⁹ Judges look at prior missed court dates, family with legal status in the area, employment, property, and other roots. On dangerousness, they review the entire criminal history, including arrests that never led to a conviction.

Documents to Bring

Bring as much documentation as you can gather. Useful categories include:

Family ties: birth certificates of U.S. citizen children, marriage certificates, evidence of a long-term relationship with a lawful resident.
Community roots: lease or mortgage papers, utility bills, and letters of support from employers, religious leaders, or community members.
Employment and taxes: pay stubs, tax returns, and a letter from an employer confirming the job and willingness to rehire.
School enrollment records for the detained person or their children.

Professional evaluations from psychologists or social workers can help in cases involving trauma, asylum claims, or mental health questions, because they offer an independent opinion rather than just the family’s account.

How Much Bond Costs

The statutory floor is $1,500. Judges routinely set bonds far above that.¹ Bonds of $5,000 to $15,000 are common. Amounts above $25,000 are not unusual when there’s serious criminal history or prior immigration violations. There’s no ceiling. Release on recognizance with no monetary bond is possible but rare.

Paying the Bond

Once the bond amount is set, it’s paid through CeBONDS, ICE’s electronic bond payment system. The person paying (the “obligor”) must be a U.S. citizen, lawful permanent resident, or a representative of a law firm or nonprofit. Noncitizens without lawful permanent resident status can only use CeBONDS to post voluntary departure or Order of Supervision bonds on their own behalf.¹⁰

The obligor creates a CeBONDS account and uploads ID: a passport, birth certificate, naturalization certificate, or REAL ID-compliant driver’s license for citizens; a green card for lawful permanent residents. Payment goes by Fedwire or ACH bank transfer. Cash, checks, and credit cards are not accepted.¹⁰

You can also post the bond in person at a local ICE field office, though you’ll still need banking access to complete it. If cash is the barrier, a licensed immigration bond company will post the full amount for a nonrefundable fee, typically 10% to 15% of the bond. Treasury-certified surety companies are listed by the U.S. Department of the Treasury. Read the surety agreement closely: if the bond is later breached, the company will pay the government and then come after you for the full amount plus any additional costs in the contract.

After payment clears, the facility receives a release order. Processing can take several hours. The person leaves with paperwork listing their next court date and any release conditions.

If Bond Isn’t Available

Some people won’t get bond, either because they’re subject to mandatory detention or because the judge denies release. A few other paths exist.

Parole. DHS can release certain people from custody at its discretion, most commonly those who arrive at a port of entry and establish a credible fear of persecution or torture. CBP officers at ports of entry can grant parole at the port director’s discretion.¹¹ ICE has separate parole authority but uses it sparingly. Parole requires urgent humanitarian reasons or significant public benefit, is decided case by case, is not a form of legal status, and can be revoked.

Order of Supervision. This is available to people who already have a final removal order but whose deportation can’t be carried out in a reasonable time, usually because the home country won’t issue travel documents. The person is released from custody but must follow strict conditions, including regular check-ins and sometimes electronic monitoring through GPS ankle devices or smartphone apps.¹²

Zadvydas challenge. After a final removal order, the government has a 90-day removal period during which detention is mandatory.¹³ The Supreme Court held in Zadvydas v. Davis that this authority doesn’t allow indefinite detention. After six months, if the detained person can show there’s no significant likelihood of removal in the reasonably foreseeable future, the government must justify continued detention or release them.¹⁴ The challenge is filed in federal district court through a habeas corpus petition, and it almost always requires a lawyer.

After Release, the Obligations Continue

Release is not the end. The person out on bond, parole, or an Order of Supervision has to comply with ongoing conditions, and slipping on any of them can trigger re-detention, bond forfeiture, or an in absentia removal order.

Check-ins. Everyone in removal proceedings must check in with ICE at least once a year, and many report more often. ICE sets the schedule and method. If the release paperwork doesn’t specify a date, contact the local ICE office or use the ICE portal to confirm.¹⁵ Anyone placed in the Intensive Supervision Appearance Program must keep any monitoring device charged and functional, attend all office and home visits, and immediately report any change in circumstances.

Address changes. Every noncitizen in the United States must report an address change to USCIS within 10 days of moving.¹⁶ File online through a USCIS account or by mailing Form AR-11. Separately notify the immigration court and ICE. Missed address updates are one of the top reasons people never receive court notices and end up ordered removed in their absence.¹⁷

Court appearances. Attend every hearing. Missing one almost always produces an in absentia removal order, which is very hard to reopen, and it also forfeits the entire bond. Keep every notice and set reminders well in advance.

Getting the Bond Money Back

Immigration bonds are refundable when the case ends, whether the person wins legal status or is deported, as long as they complied with all hearing and reporting obligations. The obligor gets the full amount back plus any accrued interest.

When the bond is canceled, ICE mails Form I-391 (Notice of Immigration Bond Cancelled) to the obligor’s address on file. To claim the refund, send Form I-391 with the original bond receipt (Form I-305) to the DHS Debt Management Center. If you’ve lost the receipt, use Form I-395 (Affidavit in Lieu of Lost Receipt), signed before a notary. Include Form I-352 (the bond contract) if you still have it. Mail to:

Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000

Processing runs several weeks to a couple of months. A common problem: obligors move without updating their address with ICE, and the Form I-391 never arrives. Keep your contact information current with ICE even after the case ends, and hold onto every piece of bond paperwork.

If the Bond Is Breached

If the released person fails to appear or the obligor doesn’t produce them in response to a demand notice (Form I-340), ICE declares the bond breached and forfeits the money. ICE issues the formal breach notice on Form I-323.¹⁸

The obligor can appeal by filing Form I-290B with the Administrative Appeals Office within 30 days of service. If the breach notice was mailed rather than served in person, add three days, for 33 total. Every legal and factual defense has to be raised in that appeal; anything omitted is waived permanently. The breach determination is on hold during the appeal window and while the appeal is pending.¹⁹

1
Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens
2
Department of Homeland Security. DHS/ICE/PIA-019 Online Detainee Locator System
3
U.S Immigration and Customs Enforcement. Online Detainee Locator System
4
ICE. Contact
5
Department of Justice. Matter of Joseph
6
Executive Office for Immigration Review. 8.3 – Bond Proceedings
7
Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings
8
Executive Office for Immigration Review. List of Pro Bono Legal Service Providers
9
Immigration and Customs Enforcement (ICE). How to Get a Bond
10
U.S. Immigration and Customs Enforcement. Post a Bond
11
U.S. Customs and Border Protection. Humanitarian Parole
12
U.S. Immigration and Customs Enforcement. DRO Policy Memo – Eligibility Criteria for Enrollment Into ISAP and EMD Programs
13
Office of the Law Revision Counsel. 8 USC 1231 – Detention and Removal of Aliens Ordered Removed
14
Justia US Supreme Court. Zadvydas v Davis, 533 US 678 (2001)
15
ICE Portal. ICE Field Office Check-ins
16
Office of the Law Revision Counsel. 8 USC 1305 – Notices of Change of Address
17
U.S. Citizenship and Immigration Services. Chapter 10 – Changes of Address
18
U.S. Immigration and Customs Enforcement. Immigration Bond Policies and Procedures
19
Federal Register. Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches