There are two big issues in removal cases: (1) How to keep a person in the United States; and (2) heow to get a person out of ICE detention. For family members, the second often takes priority over the first. But both are important, and the bigger picture must be kept in mind from the get-go. Nonetheless, getting a person released from ICE detention is an urgent matter. Before explaining how to secure an immigration bond, or other form of release from ICE custody, take note of the following.
Words of caution on getting an immigration bond in Texas.
1. Don’t rush the process of getting an immigration bond.
Many persons detained in ICE custody will get a hold of a copy of a bond worksheet and submit an application on their own. This is usually a big mistake. First, if he or she already has an immigration bond, the immigration judge can decide to increase the bond amount, or take it away entirely. Second, if he or she has criminal history, the person may have to demonstrate why he is not subject to mandatory detention under the immigration laws. Without knowing the law, or the burden of proof, the immigration judge will almost certain have his way. If the immigration judge decides that he is subject to mandatory detention, the applicant will have lost his chance to be released from ICE custody.
In addition, an attorney will almost always be able to prepare a better bond application, which requires proof of family and community ties, history of employment, eligibility for relief from removal, and evidence that he does not pose a danger to others. While families are anxious to get their loved ones out of jail, they must proceed cautiously and make sure to submit a bond application. Practically speaking, there is usualy only one opportunity to get an immigration bond. The bond appeals process is lengthy, and will usually conclude after the removal case has concluded.
2. Don’t expect to get the sort of bond that you get in criminal court.
Immigration judges, generally speaking, set much higher bonds (or no bonds at all) for persons with criminal history. Multiple DWIs can result in $21,000 bonds. Sometimes you’ll get a high bond amount. It may be worth it to pay the bond, rather than challenge it at a hearing and take the risk of losing the bond entirely.
Ways to get released from ICE Custody in Haskell, Houston, Joe Corley, and Other Immigration Jails Around Texas.
You can get a bond from two sources. ICE Enforcement and Removal Operations (ERO) has authority to give a bond in most cases. (Sometimes, the person is subject to mandatory detention based on criminal history, and ERO will choose to detain a person without conditions.) You can also get a bond from an immigration judge. This usually required a formal bond application. The two overarching considerations for the judge are whether the person is a flight risk and whether he poses a risk of harm to society.
2. Release on recognizance
ICE can release a person on an order of supervision. This means that bond does not have to be posted in order to be released. However, he will be required by ICE to check-in with a deportation officer according to a specific timetable. Notably, an immigration judge cannot release a person without bond. In addition, the minimum bond he can set is $1,500.00.
3. Conditional parole
Again, this is something only granted by ERO. Parole does not constitute an admission into the United States. And it is granted based on humanitarian reasons, or for public benefit.
We recommend that you speak to one of our attorneys if your loved one is detained in an immigration detention facility in Texas. Our attorneys will quickly determine his or her eligibility for release from detention, as well his prospects of stopping deportation.
This post is also available in: Spanish