Who is not eligible for immigration bond?

People in mandatory detention cannot get bond from an immigration judge: those with certain criminal convictions or charges (INA § 236(c)) and certain applicants for admission (INA § 235(b)). As of October 28, 2026, whether this covers people who entered without admission is being litigated, and the Supreme Court will decide it.

Notice: this page explains the law in general terms, using official sources, and is not legal advice. If a family member is detained, talk to a licensed immigration attorney: the exact category depends on each person's record and documents.

When is bond possible, and when is it not?

The immigration statute has two general rules for detention during a case:

• INA § 236(a): bond is possible. The government may keep the person detained or release them on a bond of at least $1,500 or on conditional parole (8 U.S.C. § 1226(a)). If ICE denies bond, the person can ask the judge. See our immigration bond guide.
• Mandatory detention: no bond from the judge. The regulation lists the groups whose custody an immigration judge cannot review (8 C.F.R. § 1003.19(h)(2)(i)), including "arriving aliens" and people subject to § 236(c)(1). EOIR's manual (ch. 8.3) puts it simply: there is no bond jurisdiction in those cases.

A judge's inability to grant bond does not mean the person loses their case: they still have their case in immigration court.

Which criminal records trigger mandatory detention (§ 236(c))?

Section 236(c)(1) says the government "shall take into custody" anyone who (8 U.S.C. § 1226(c)):

• (A) is inadmissible for having committed an offense covered by § 212(a)(2) (criminal grounds of inadmissibility);
• (B) is deportable for certain offenses in § 237(a)(2): two or more crimes involving moral turpitude, an "aggravated felony," controlled substance offenses, certain firearm offenses, or other offenses on that list (8 U.S.C. § 1227(a)(2));
• (C) is deportable for a crime involving moral turpitude with a sentence of at least one year;
• (D) falls under the terrorism grounds.

The statute applies this "when the alien is released" from criminal custody, even on parole, supervised release or probation. Outside a witness-protection situation, the statute does not allow these people to be released.

Whether a conviction fits one of these categories is technical: it depends on the exact offense, the state statute and the sentence. A lawyer should review the criminal court records.

What did the 2025 Laken Riley Act change?

The Laken Riley Act (Pub. L. 119-1), signed January 29, 2025, added subparagraph (E) to § 236(c)(1). It applies to someone who meets both conditions:

1. Is inadmissible under § 212(a)(6)(A) (present without admission or parole), (6)(C) (fraud or misrepresentation) or (7) (lack of documents); and
2. Is charged with, arrested for or convicted of, or admits committing, burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person.

The key difference: for this group no conviction is required; a charge or an arrest is enough. The law also requires DHS to issue a detainer for these people.

Are people arriving at the border in mandatory detention (§ 235(b))?

Section 235(b) governs "applicants for admission" (8 U.S.C. § 1225(b)):

• Expedited removal and credible fear (§ 235(b)(1)). The person "shall be detained" until the credible fear determination and, if no fear is found, until removal. If credible fear is found, they remain detained while the asylum claim is considered.
• Other applicants for admission (§ 235(b)(2)(A)). If the officer finds the person is not clearly and beyond a doubt entitled to be admitted, they "shall be detained" for a removal proceeding.

In Matter of Q. Li (2025), the BIA held that someone arrested without a warrant while arriving in the U.S., whether or not at a port of entry, and then placed in proceedings, is detained under § 235(b) and is ineligible for bond under § 236(a). The same decision says that if that person was paroled and the parole is terminated, they return to custody under § 235(b).

What about people who entered without admission and have lived here for years?

This is the disputed point, as of October 28, 2026:

• The government and the BIA. In Matter of Yajure Hurtado (2025), the BIA held that immigration judges lack authority to grant bond to people present in the U.S. without admission, because it treats them as detained under § 235(b)(2)(A).
• Courts siding with the government. The Fifth Circuit (Texas, Louisiana and Mississippi; en banc ruling of Oct. 23, 2026) and the Eighth Circuit (March 25, 2026).
• Courts siding with detained people. On July 30, 2026, the Ninth Circuit held that these people, when apprehended in the interior, are held under § 236(a), which allows bond. According to that opinion, the Second, Sixth, Tenth and Eleventh Circuits had also sided with detained petitioners, and the Seventh Circuit had issued a decision without a majority.
• Supreme Court. It agreed on Oct. 1, 2026 to hear Rhoney v. Barbosa da Cunha (docket 26-104) to decide whether § 235(b)(2)(A) mandates detention during proceedings for people present without having been admitted (question presented).

We cannot tell you how it will be resolved. Until then, the result can depend on the state where the person is held and on whether a habeas corpus petition is filed in federal court. People who were lawfully admitted, for example on a visa, are not at the center of this dispute, although they can still be subject to § 236(c) because of a criminal record.

Can you challenge the classification?

Yes, in some cases. For people ICE treats as subject to § 236(c)(1) or to security grounds, the same regulation that bars the judge from granting bond says nothing prevents the person from asking the judge to decide that they are not properly included in that category (8 C.F.R. § 1003.19(h)(2)(ii)). That text does not mention "arriving aliens." More generally, EOIR's manual says the judge has jurisdiction to rule on whether they have bond jurisdiction, and the regulation allows asking ICE to review custody conditions.

So when ICE says "mandatory detention," it helps to:

1. Ask for the custody paperwork and write down the provision ICE cites.
2. Gather the complete criminal records (charges, sentence, final disposition) and any entry documents.
3. Ask a lawyer whether to seek that review from the judge or file a habeas corpus petition.

For how long detention can last in each situation, see how long ICE can detain someone. If the arrest just happened, see what happens after an ICE arrest.

More on detention and bond:

• How to request an immigration bond
• How much an immigration bond costs
• How long ICE can detain someone
• What happens after an ICE arrest

Frequently asked questions

Who is not eligible for immigration bond?

People in mandatory detention. Under the statute, that includes people with certain criminal convictions or charges (INA § 236(c)) and certain applicants for admission (INA § 235(b)). Since 2025 the government also places people who entered without admission in this group, which is being litigated.

What is mandatory immigration detention?

It is detention required by statute, where the immigration judge cannot grant bond. The court regulations list the groups whose custody the judge cannot review, including "arriving aliens" and people subject to INA § 236(c)(1).

What did the Laken Riley Act change?

This January 2025 law added a group to § 236(c). It covers certain inadmissible people, for example those present without admission or parole, who are charged with or arrested for burglary, theft, larceny, shoplifting or assaulting a law enforcement officer, among other offenses, even without a conviction.

Can someone who entered without papers years ago get bond?

As of October 28, 2026, it depends on where they are held, and it is being litigated. The BIA says immigration judges cannot grant them bond. Several federal appeals courts have disagreed, while others have sided with the government. The Supreme Court will decide.

What should I do if ICE says my relative is in mandatory detention?

Ask which provision ICE is relying on and talk to a lawyer. If ICE relies on § 236(c), the regulation lets the person ask the judge to decide whether they really fall in that category. In some cases, a lawyer can file a habeas corpus petition in federal court.

Does mandatory detention mean the person will be deported?

No. Detention and the removal case are separate. The person still has their case in immigration court and can raise the defenses available to them, such as asylum or cancellation of removal, while detained.