Bond hearings with ICE
Several times each week, the Immigration Court has Video Hearings from the local jails, to determine the terms of custody for people who are detained by Immigration & Customs Enforcement (ICE).
A person who is in jail appears on a TV screen in Immigration Court and asks the Judge to be released on a bond. If the person in jail is represented by a competent attorney, then possibly a bond amount will be set and the family is given 2-3 weeks to post the bond.
Many, many people sitting in jail ask for the bond, or ask the Judge to proceed on the bond hearing, without having a lawyer or preparing with a lawyer, because they don’t know one, they think they can do it themselves, they listen to people in the jail, or simply don’t have the money to hire a lawyer.
The Immigration Judge has to decide if the person is a risk to the public, if he/she grants a bond; and whether or not the person will show back up to Court in the future, if he/she is released from jail. Those two things: Danger to the public and Flight Risk are the essential parts of a Bond hearing.
The situation is already bad, because the person is sitting in jail for a reason (usually an arrest on a criminal charge). The more serious the criminal issue, the less likely the Immigration Judge is to set a bond, because the risk to the public is higher.
The minimum bond possible is $1500 and the highest one that I have seen in Immigration Court is $50,000. Family members and friends can attend the Bond hearing and can help the detained person get the records together for the attorney, or for the Immigration Judge, proving that the detained person has connections to the community, a good record, and a reason to show back up in Court if a bond is granted.
If you or a loved one are ever detained by ICE, it is important to get good immigration advice, and it’s really important to try to get a bond set by ICE, or a bond hearing with the Immigration Judge as soon as possible, with the documentation that is needed by the Court, so that a bond can be set, if the person is eligible.
If you ever find yourself in a situation needing the assistance of an immigration attorney for a detention issue, you can call our office for assistance at 816-356-7100.
