Deportation Defense Law

Detained by ICE: how to find someone and request an immigration bond

Written by Hassan Benmouloud · Last reviewed:

The first 48 hours

  1. Locate the person. Use the ICE detainee locator. You need the A-Number, or the full name, date of birth and country of birth. Records can take up to 48 hours to appear, and detainees are frequently transferred.
  2. Write down the A-Number. You will need it for everything.
  3. Gather documents: passport, children's birth certificates, proof of address and employment, tax returns, support letters. These show community ties.
  4. 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.

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.

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:

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. A denial or an excessive amount can be appealed to the BIA within 30 days.

How bond is paid

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.

Frequently asked questions

How much does a bond cost? Minimum $1,500; in practice $1,500 to over $20,000 depending on flight risk and danger.

Who can pay it? An adult citizen or lawful permanent resident with valid ID, at an ICE ERO office.

How long until a bond hearing? Often one to two weeks after a written request, longer in crowded facilities.

Sources

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