What to Expect During an Immigration Bond Hearing

March 02, 2023

Action Immigration

There are almost 30,000 people in ICE detention at the moment, and the majority of those people have no criminal records. It can be difficult to get detainees out so they can spend time with their communities. 

They'll need to wait for an immigration bond hearing. 

But what happens during an immigration bond hearing? We're here to provide a brief overview. Read on to learn more so you can prepare. 

Preparation

Before the hearing, the detainee and their attorney gather any necessary evidence to support their case for release. This may include employment records, proof of community ties, family relationships, and a variety of other things. 

It's important to listen to the attorney during this stage. Make sure you give them as much information as possible so they can advocate for you. 

Case Presentation

During the bond hearing itself, the detained person and their attorney have the chance to present their arguments. This is when they'll use the evidence from the preparation stage.

They may explain their ties to the local area, demonstrate their willingness to attend future court hearings, and highlight any potential hardships they would face if they remained in detention.

Often, these presentations focus on both emotional and logical appeals. They have to prove to the immigration judge that the detainee deserves to be released.

Testimony and Witnesses

The person in detention, their attorney, and any witnesses can testify at the bond hearing. 

They may provide statements about the detained person's character, and their contributions to the local community, among other things. Any testimonies aim to show that the detainee is not a flight risk or a threat to society in any way. In other words, there's no reason to detain them. 

Immigration Judge's Decision

Now it's time for the immigration court judge to make their decision.

The immigration judge considers the evidence, arguments, and testimony. They weigh all of the factors that the detainee and attorney have presented to the court.

The judge then makes a decision on whether or not to grant a bond and sets the bond amount.

If the judge chooses to grant a bond, they may impose certain conditions. These conditions could include reporting to an immigration officer, attending future court hearings, refraining from criminal activity, or even wearing a monitoring device.

If the detainee doesn't comply, they could go back into custody.

The judge determines the cost of the bond. The purpose of the bond is to confirm that the detainee will appear for future legal proceedings. The amount can vary depending on the circumstances of the case, so people who are "flight risks" or dangerous may have higher immigration bonds. 

Are You Awaiting an Immigration Bond Hearing? 

Waiting for an immigration bond hearing for a family member can be stressful. Now that you know what to expect, you can start preparing. 

When judges decide to grant immigration bonds, family members have to be ready. We're here to help you. Learn more about immigration bonds and reach out to learn about our free consultations today.

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