Release From Detention

In certain situations, a detained alien, or detainee, may ask the immigration judge for a bond (bail). When a person cannot do that, he/she might be able to ask Immigration & Customs Enforcement, or ICE, to release him/ her.

Certain types of criminal convictions prevent an immigration judge from giving a bond to a detainee. This is referred to as “mandatory detention.” But if the detainee is eligible for bond, he must prove that he is not a flight risk or a danger to the community. The detainee must submit evidence to the judge to support her claim that she is not a flight risk or a danger to the community.

Whether the person gets released or not, he/she must continue to fight his/her removal case.

When a person arrives at a U.S. airport, and does not have the proper documents, ICE will usually detain that person. That kind of detainee is called an “arriving alien.” An arriving alien is never entitled to a bond hearing before an immigration judge.

However, a detained, arriving alien can be released through a procedure called “parole.” Occasionally, a formal parole request must be made. When that happens, the request is submitted in writing to the local ICE Office.