For detained immigrants facing removal, obtaining a bond is not just about gaining freedom—it’s the essential first step in mounting a strong legal defense. Detention takes a profound toll, both emotionally and physically, not only on the individual but also on their family. Worse still, those in detention are often forced to fight complex legal battles in a short time, sometimes with only weeks or months to prepare for a final hearing on the merits. With limited access to documents, legal resources, and community support, the ability to defend against charges of removability is severely compromised. Bond-eligible* detainees may find that their resources are best mobilized to first pursue every avenue to secure bond so they may continue fighting their case outside of detention.
Obtaining a Bond from Immigration Detention Is More Difficult Than Ever
Unfortunately, in today’s immigration landscape, securing a bond from detention has become more challenging than ever before. Immigration judges are scrutinizing bond requests with increasing skepticism, especially in a climate where flight risk and public safety are under heightened scrutiny. The two main factors judges look at when determining whether to grant an immigration bond are (1) whether the detainee poses a danger to national security or their community and (2) whether the detainee is at risk of non-appearance at future immigration court hearings, i.e., a “flight risk.”
In regards to danger, the recency of a crime of violence or information suggesting dangerousness, such as DUI charges, may support a “danger” finding and bond denial. However, judges may be receptive to arguments that the conduct is an aberration when weighed with evidence of the length of their residence in the United States, significant passage of time since the offense, or significant evidence of rehabilitation.
If, after considering criminal history, a judge cannot reasonably conclude the detainee presents a danger, the judge then has broad discretion to consider a number of factors—including family, employment, and community ties, fixed address and length of residence in the United States, and probable path to lawful status—in determining flight risk. Judges often summarily deny bond by resting on “flight risk” grounds without providing further explanation, leaving bond applicants at a loss as to which factors the judge is most reliant upon.
Because the burden is on the detainee to establish that they are not a flight risk, it is extremely important to present as much evidence weighing in their favor as possible. While no one factor is determinative and winning or losing a bond always depends upon the facts and circumstances of each individual case, recent trends in the Aurora Immigration Court show that the likelihood of obtaining a bond may be strengthened by providing documentation of the following to the immigration court:
BOND SPONSOR
One of the most helpful ways to argue mitigation of flight risk is by presenting the court with evidence of a bond sponsor—an individual willing to pay the bond, if set, and assume responsibility for the detainee’s compliance with court obligations. While a sponsor has traditionally been important for recent arrivals, obtaining a bond sponsor is proving to be an invaluable tool to argue flight risk mitigation even for those with long-standing ties to the U.S.
Selecting a bond sponsor who can provide appropriate supporting documentation can make or break a bond request. A sponsor should be either a U.S. Citizen or Lawful Permanent Resident who shares a personal relationship with the detainee and can show both the ability to pay the bond and to provide any necessary meaningful support. The sponsor should submit a government-issued ID (such as a birth certificate, passport, or green card), their most recent tax return, 90 days of pay stubs or bank statements, and a lease or mortgage statement to prove their fixed address. Additionally, the sponsor should provide a notarized or sworn affidavit including the sponsor’s name, date of birth, full contact information, relationship to the detainee, and how they will support the detainee’s compliance with court requirements—such as by providing transportation to hearings or housing the detainee for the duration of removal proceedings.
Ultimately, whomever pays a bond serves as a surety: the bond sponsor may recoup the bond amount at the termination of removal proceedings if all conditions of bond have been fulfilled. Submitting documentation of a bond sponsor to the court is a helpful reminder to the immigration judge that, rather than denying bond altogether, the court can mitigate flight risk by setting a bond that is high enough such that it may be assured that someone with lawful status is “on the hook” for the full amount of the bond if the detainee fails to adhere to all bond conditions. Further, including such documentation may bolster the credibility of the detainee’s assurances of future appearances by demonstrating additional evidence of stability, accountability, and strong community ties.
VIABLE RELIEF FROM REMOVAL
Additionally, immigration judges may consider whether a pathway to lawful status is available to the detainee. See Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020); Matter of Andrade, 19 I&N Dec. 488, 490 (BIA 1987). In this climate, judges are demanding more than assurances of remote or speculative relief—they may want to see prima facie evidence that relief from removal is a concrete and attainable possibility now. Filing an application for relief before the bond hearing, particularly for those eligible for cancellation of removal, is one way to demonstrate that the respondent’s case is not speculative and does, in fact, have legal merit. In one recent success, our office overcame significant flight risk concerns by submitting a complete application for cancellation of removal and providing evidence of the filing and supporting documentation in the request for bond submitted to the court.
COMMUNITY TIES AND SUPPORT
Providing evidence of support from individuals with legal status in the community can play a critical role in convincing the court that a detainee has strong ties and will appear for future hearings. U.S. Citizen and Lawful Permanent Resident family members, friends, coworkers, pastors, congregation members, or individuals from a recovery community like Alcoholics Anonymous, can all serve as powerful affiants by writing affidavits. Affidavits—sworn letters of support—should be notarized or signed under penalty of perjury and accompanied by identification showing the affiant’s U.S. citizenship or lawful immigration status. Each account should provide personalized and specific examples of the detainee’s good moral character, ties to the community, and support they will receive upon release. Attending the bond hearing in person can have a great impact. While the court may not ask those present to testify, such presence demonstrates a commitment to support the detainee by taking the time to attend court, which in turn can demonstrate the depth of connection and accountability the individual has with others in their community.
CONCLUSION
These heightened expectations underscore a sobering reality: immigration detention is no longer just a temporary holding measure; it is often a prolonged, uphill legal battle. A high bond may still be a victory—after all, a high bond is better than no bond. To stand a real chance at release, detained immigrants must present a meticulous and strategic case that anticipates the court’s concerns and proactively addresses them. Legal counsel, careful documentation, and a clear, forward-looking plan are more essential than ever to navigate this unforgiving terrain. This article does not provide an exhaustive list of documentation necessary to succeed in any given case. For case-specific legal counsel tailoring the weakness of your case to a strategy most likely to succeed, contact Joseph & Hall for a consultation.
*Please note that not all detainees are eligible for bond and may be subject to mandatory detention or jurisdictional complications. Attorneys at Joseph & Hall are qualified to help you or your loved ones navigate these delicate considerations.
