Generally speaking, if you do not have:
- A prior deportation/removal,
- Outstanding order of removal, or
- Have not been convicted of a "crime involving moral turpitude",
- An "aggravated felony", or
- A controlled substance (except less than 30 grams of marijuana) (or if your drug conviction is subject to Transitional Period Custody Rules (TPCR): 4/1/1997 – 10/9/1998).
You may be eligible to bond out of immigration custody.
A prior deportation/removal order which was issued after 4/1/1997 (The effective date of IIRIRA) will make you ineligible for an immigration bond and subject to automatic removal from the United States.
Immigration and Custom Enforcement (ICE) will simply enforce the prior order.
PLEASE NOTE: even some orders issued prior to 4/1/1997 may make you ineligible for bond.
If you have ever been arrested by ICE and/or were given a Notice to Appear (NTA) before an immigration judge, but you never attended your court date, you likely have an order of removal issued against you.
If you are arrested by ICE again, while this order continues outstanding, you will not be eligible for bond and will be subject to immediate removal from the U.S.
If you have plead guilty to and been sentenced to a crime that ICE interprets to be a "Crime Involving Moral Turpitude" (CIMT) and you were given a sentence of 181 days or more (even if it is a suspended sentence of 181 days or more) you will not be eligible for a bond
NOTE: if you have been admitted to the U.S. you are not subject to mandatory custody if you were sentenced more than 181 days;
If you have been convicted of a crime which has been listed as an "Aggravated Felony" (See INA §101(43)(a)) you will be subject to immediate removal from the U.S..
Finally for most drug convictions you are not eligible for bond.
Other grounds which may preclude you from being eligible for a bond are:
- If you are classified as an "arriving alien"; or
- If it has been determined by ICE that grounds exist to believe you are a terrorist.
Currently ICE is exercising a large amount of discretion when it comes to arresting and detaining people.
For example, if you have been arrested by the police, charged criminally, and pay your state bond before pleading or being found guilty then in many instances, when you do not have other convictions, you may be released without having to pay a bond.
IMPORTANT NOTE: It is in ICE's sole discretion whether or not to release you without a bond, impose a bond, or refuse a bond.
ICE can place a "no bond" even though you are legally eligible for a bond. If this is the case, or your bond seems too high, you can ask the immigration judge to review and reduce your bond.
In reviewing your bond, the immigration judge will consider two primary factors:
- What is the risk that you will not show up for future courts; and
- Do you present a danger to the community.