ICE Detention: How Can You Get A Bond?

Anne Elise Kennedy

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Immigration Attorney - Houston, TX

Contributor Level 10

Posted over 1 year ago. 2 helpful votes



Immigration agencies: Who are the decision makers?

The US government has many agencies for immigration. With deportation / removal, the main agencies are: CBP, ICE, and the EOIR. CBP patrols the border. ICE has physical custody over an alien, and the EOIR is Immigration Court, where many cases will be heard and a decision on removal made. CBP has the first decision, at the border, to either let someone into the US legally, I.e., to admit them, or to stop them. If stopped, CBP can "parole" someone in, which means letting them physically in, but not with full permission. If no parole is given, or if the alien is stopped more than 100 miles inside the US, then ICE will be in charge of the case. ICE decides whether to open a removal case in court, depending on why the alien is not admissible or why the are removable.


Bond v Parole

Bond is different than parole. A bond is money paid to secure an alien will appear in court or report to ICE while removal proceedings are open. Parole, on the other hand, may not require the payment of any money. A bond can be given by ICE or the Immigration Judge (if a case is in Court). Parole is granted by ICE . Sometimes, an alien is subject to "mandatory detention." Usually, this means that the alien has committed a crime that the US Government feels makes him a danger to the community sufficient to deny bond. If you or a relative have been taken into custody by ICE, you need to call a lawyer ASAP!

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