Detained by ICE: find someone and request an immigration bond
What is an immigration bond, and who can request one?
It is money posted so ICE releases a detained person while the case continues; it is returned at the end if the person attends every hearing. Anyone not subject to mandatory detention can ask the immigration judge for a bond hearing — certain convictions and, under recent decisions, certain manners of entry rule it out. The statutory minimum is $1,500.
The first 48 hours
For what ICE does during those hours and what changes on a weekend, see what happens after an ICE arrest.
- Locate the person. Use the ICE detainee locator with the A-Number (nine digits; if it has fewer, add zeros at the beginning) and country of birth, or the exact first and last name and country of birth. Date of birth is optional. ICE says the data may be up to eight hours old and that the locator does not show transfers in progress, people under 18, or people in CBP custody for less than 48 hours. If they do not appear, follow the guide on how to find someone detained by ICE.
- Write down the A-Number. You will need it for everything.
- Gather documents: passport, children's birth certificates, proof of address and employment, tax returns, support letters. These show community ties.
- Get a lawyer before anything is signed. ICE may offer "voluntary departure" or a stipulated order that ends the case without a hearing.
If the person already has a prior removal order, ICE may execute it without a new hearing. Contact a lawyer immediately.
Who can request bond
The law separates people who may be released on bond under INA § 236(a) from those subject to mandatory detention under § 236(c), who generally cannot ask a judge for bond. Mandatory detention covers certain criminal convictions — controlled substances, aggravated felonies, crimes involving moral turpitude with a sentence of a year or more, among others.
People classified as "arriving aliens" — for example, those stopped at the border or a port of entry — are generally outside the judge's bond authority and remain under ICE custody decisions. We explain each group, with sources, in who is not eligible for immigration bond.
A significant shift since 2025. Board of Immigration Appeals decisions and DHS policy have extended mandatory detention to people who entered without inspection, on the theory that they are "applicants for admission". Several federal courts have rejected or narrowed that reading, and the outcome now depends on the judicial circuit where the person is held. This is among the most heavily litigated questions in immigration law in 2026, and only an attorney who knows the current case law in that district can tell you whether a bond hearing is available. See also how long ICE can detain someone.
Asking the judge for bond
If ICE sets no bond, or sets an amount the family cannot pay, the person can request a custody redetermination hearing — a bond hearing — in writing with the court, or orally at the first hearing.
The judge weighs two things:
- Flight risk: family ties, employment, time in the country, history of appearing for appointments.
- Danger to the community: criminal history, including arrests without conviction.
The burden is on the detained person. Come prepared with support letters, proof of residence and, if possible, a pending family petition or application for relief.
The statutory minimum is $1,500 (see how much an immigration bond costs). A denial or an excessive amount can be appealed to the BIA within 30 days.
How bond is paid
According to ICE's bonds page (updated July 1, 2026), a cash bond is now paid mainly online, through the CeBONDS system (Cash Electronic Bonds). The full amount is deposited when the bond is posted.
- Who can pay (the obligor). A U.S. citizen, a lawful permanent resident, a law firm or a non-profit organization, from within the United States. The noncitizen can only post a voluntary departure or order of supervision bond on their own behalf.
- Which ID. At least one document from ICE's list. A citizen: U.S. passport, U.S. birth certificate or naturalization certificate, state driver's license or ID (REAL ID only), or military ID. A permanent resident: the green card or a military ID.
- Detainee details. The name and A-Number, entered exactly. If CeBONDS cannot find the person, ICE says to contact the nearest field office.
- How CeBONDS is paid. Only by Fedwire or ACH transfer from a bank account, after registering a CeBONDS account.
- At an ICE office. Since April 20, 2023, ICE has used CeBONDS to process bond payments and Form I-352, and it works "on a case-by-case basis" with obligors who want to pay in person. Call the ERO field office first. ICE warns that even obligors at an office need access to banking services.
- Hours. Monday to Friday, 9 a.m. to 3 p.m. in the time zone where the person is detained, excluding federal holidays. Verification typically takes 1–2 hours; anything not completed within those hours is processed the next business day. Release usually happens by the end of the day the bond is approved, but it depends on the facility.
- No bank account. ICE points to a Treasury-certified immigration bond company (surety bond) or to community organizations that help with bonds.
- Form I-352. It is the contract between the obligor and ICE and the only document that sets the bond's terms. Keep a copy.
Cashier's check or money order? The regulation (8 C.F.R. § 103.6(b)(1)) and Form I-352 still mention postal money orders, certified checks and cashier's checks. In January 2025, DHS wrote in the Federal Register that cash is not accepted at an ICE office but a cashier's check or money order is. ICE's more recent bonds page only mentions Fedwire and ACH: confirm with the field office before you go.
Getting the money back. The bond stays in effect until ICE issues Form I-391 (Notice – Immigration Bond Cancelled). For a delivery bond, ICE cancels it if it takes the person back into custody, removes the person, or the person dies. ICE then refunds the deposit and interest to the obligor at the address on file; report any move on Form I-333. ICE does not publish a refund timeframe.
If the person does not comply, for example by failing to appear when ICE demands it on Form I-340, ICE declares the bond breached (Form I-323): the deposit is forfeited, although ICE still refunds the interest. For an open bond, contact the field office; once you have a cancellation or breach notice, contact ICE's Financial Service Center Burlington: BondRefund.HelpDesk@ice.dhs.gov or 877-491-6521, option 1.
Be cautious with anyone offering to "pay the bond for you" for a fee without a written contract. Legitimate immigration bond companies exist, and so do scams.
Alternatives to detention
ICE can release someone on parole or into an Alternatives to Detention program — ankle monitor, check-in app, in-person reporting. Accepting these does not end the case: the person remains in proceedings and must appear in court.
More on detention and bond:
- How much an immigration bond costs
- How long ICE can detain someone
- Who is not eligible for bond (mandatory detention)
- What happens after an ICE arrest
Frequently asked questions
How much does an immigration bond cost?
The statutory minimum is $1,500. In practice judges set amounts from $1,500 to over $20,000 depending on flight risk and danger to the community. The money is returned when ICE cancels the bond, if the person complied with every condition.
Who can pay the bond?
A U.S. citizen, a lawful permanent resident, a law firm or a non-profit organization, with a document ICE accepts. The detained person can only post a voluntary departure or order of supervision bond on their own behalf.
How is an ICE bond paid?
According to ICE, online through the CeBONDS system by Fedwire or ACH transfer, Monday to Friday, 9 a.m. to 3 p.m. in the detention location's time zone. Paying at an ICE office is handled case by case: call the field office first.
When is the bond money returned?
When ICE cancels the bond on Form I-391; it then refunds the deposit and interest to the obligor at the address on file. ICE does not publish a timeframe. If the person breaches the bond, the deposit is forfeited.
How long does a bond hearing take to schedule?
It varies. According to the Immigration Court Practice Manual (EOIR), after receiving the request the court schedules the hearing for the earliest possible date; it sets no number of days.
Sources
- ICE – Online Detainee Locator System
- ICE – Bonds and CeBONDS (updated 07/01/2026)
- ICE – Form I-352, Immigration Bond
- 8 C.F.R. § 103.6 – Immigration bonds (eCFR)
- Federal Register – Immigration Bond Notifications, 01/06/2025
- INA § 236 (8 U.S.C. § 1226) – Apprehension and detention
- 8 C.F.R. § 1003.19 – Custody redetermination hearings
- EOIR – Immigration Court Practice Manual, ch. 8.3 (bond)