Immigration Bond Requirements: Eligibility, Payment, Refund

Bond decisions turn on three separate questions: whether a judge can hear the request at all, whether the detainee can carry the burden, and who is allowed to put up the money.

Bond has become the most contested stage of immigration detention. A former Annandale immigration judge says she was pressed over her bond rulings, as we reported in our look at what a judge change means for Annandale cases. The full Fifth Circuit has held that many detainees have no right to a bond hearing, and on Oct. 1, 2026, the Supreme Court agreed to decide the core statutory question in Rhoney v. Barbosa da Cunha, No. 26-104.

Behind those disputes sit rules that have not changed: a statutory minimum, a burden of proof that falls on the detainee, and ICE requirements for the person who posts the money. Here is how each piece works.

Who is eligible for an immigration bond?

The default rule is in section 236(a) of the Immigration and Nationality Act, 8 U.S.C. 1226(a). It lets the government release a person in removal proceedings on bond or on conditional parole. Several groups are carved out:

Mandatory detention for certain crimes: Section 236(c) requires custody for people inadmissible or deportable on listed criminal and security grounds. A January 2025 amendment added people who entered without permission and are charged with, arrested for, convicted of, or admit to offenses such as burglary, theft, shoplifting or assaulting an officer.
People who entered without inspection: In Matter of Yajure Hurtado (2025), the Board of Immigration Appeals held that people who entered without inspection are applicants for admission subject to mandatory detention under section 235(b)(2), even after years in the country. Immigration judges following that precedent decline to hold bond hearings for them.
Where the circuit matters: Federal courts have split on Yajure Hurtado. The Fifth Circuit sided with the government, as covered in our report on the full-court ruling, while other courts have ordered bond hearings through habeas petitions. The Supreme Court case will settle the statutory reading; until then, the answer depends on where a person is detained. This remains unsettled.

How much is an immigration bond?

The statute sets a floor of $1,500 for a delivery bond. There is no ceiling. ICE sets an initial amount, and a detainee can ask an immigration judge to lower it or to set one if ICE refused. A voluntary departure bond is a different instrument with a lower floor of $500 under 8 C.F.R. 1240.26, and it must be posted with ICE within five business days of the judge’s order.

What the judge weighs at a bond hearing

A bond hearing is separate from the removal case, and the request can be made orally or in writing. Under 8 C.F.R. 1236.1(c)(8) and Matter of Guerra, 24 I&N Dec. 37 (BIA 2006), the burden is on the detainee, not ICE.

Danger comes first: The Board held in Matter of Ureña, 25 I&N Dec. 140 (BIA 2009), that a judge should set bond only after finding the person is not a danger to the community. Flight risk is considered only after that.
The Guerra factors: A fixed address, length of residence, family ties, employment history, record of appearing in court, criminal record, immigration violations, any attempt to flee authorities and manner of entry. Arrests without convictions may be considered.
Evidence that helps: Proof of a stable address, letters from family and employers, tax and work records, and records showing past court appearances speak directly to those factors.

If bond is denied or ICE appeals

Appeal: Either side may appeal a bond decision to the Board on Form EOIR-26. The Board must receive it within 30 days, and there is no filing fee.
New hearing: After a denial, a new bond hearing requires a showing of materially changed circumstances under 8 C.F.R. 1003.19(e).
Automatic stay: If ICE files a notice of intent to appeal a bond grant, 8 C.F.R. 1003.19(i)(2) can keep the person detained while the appeal is pending. Several district courts have found that provision unconstitutional, so its force varies by court.

Who can pay an immigration bond, and how

The person or organization that posts the money is the obligor, and it guarantees the detainee’s obligations. ICE’s bond page sets the rules:

Eligible obligors: U.S. citizens, lawful permanent residents, law firms and nonprofits may post delivery bonds. A noncitizen may post only a voluntary departure or order of supervision bond on his or her own behalf.
Identification: A citizen needs one document such as a U.S. passport, birth certificate, naturalization certificate, REAL ID license or military ID. A permanent resident needs a green card or military ID. Organizations need EIN paperwork and a letter of authorization.
Payment: Cash bonds are posted for the full amount through ICE’s CeBONDS system, which is available only inside the United States, by Fedwire or ACH transfer. Someone without banking access can use a Treasury-certified surety company or a community organization.
Timing: Bonds are posted 9 a.m. to 3 p.m. on weekdays in the detainee’s time zone. ICE says verification typically takes one to two hours, and later requests roll to the next business day.

Bond money is not paid to the immigration court. The EOIR Payment Portal handles court filing fees only, as explained in our guide to that portal.

Getting the bond money back

Form I-352 is the bond contract, and ICE says it is the only document that sets the terms. On a delivery bond, the obligor must produce the person whenever ICE demands it on Form I-340. The bond stays in force until ICE issues Form I-391, the cancellation notice. ICE lists events that cancel a delivery bond, including ICE retaking custody or carrying out removal. If the person fails to appear, ICE issues Form I-323, a breach notice, and the deposit is forfeited, though accrued interest on a cash bond is still refunded.

Quick answers

What is the minimum immigration bond? $1,500 for a delivery bond and $500 for a voluntary departure bond. There is no maximum.

Can someone without legal status pay a relative’s bond? Not a delivery bond. ICE accepts those only from citizens, permanent residents, law firms and nonprofits.

Does a person who crossed the border without inspection get a bond hearing? Under current Board precedent, generally no, but some federal courts have ordered hearings. The Supreme Court is now deciding the question.

Who has to prove what at a bond hearing? The detainee must show he or she is not a danger and is likely to appear.

When is bond money returned? After ICE cancels the bond on Form I-391. A breach forfeits the deposit.

This article is for general information and is not legal advice.

Sources

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

Author's website Author's posts