Immigration Bond Hearings in Orange County: What Families Need to Know
Understanding the process to secure release from immigration detention
Quick Answer
When a loved one is detained by Immigration and Customs Enforcement (ICE), families face an urgent and stressful situation. Understanding the immigration bond process can mean the difference between months of separation and a quick reunion while the immigration case proceeds. SoCal Immigration Services helps Orange County families navigate the bond hearing process and secure the release of their loved ones.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
When a loved one is detained by Immigration and Customs Enforcement (ICE), families face an urgent and stressful situation. Understanding the immigration bond process can mean the difference between months of separation and a quick reunion while the immigration case proceeds. SoCal Immigration Services helps Orange County families navigate the bond hearing process and secure the release of their loved ones.
What is an Immigration Bond?
Unlike criminal bail, immigration bonds are administrative and can be set by either ICE or an immigration judge. The amount can range from $1,500 to $25,000 or more, depending on the circumstances.
Types of Immigration Bonds
| Bond Type | Description |
|---|---|
| Delivery Bond | Allows release while case proceeds; must appear at all hearings |
| Voluntary Departure Bond | Allows release to leave the U.S. voluntarily by a specific date |
| ICE Bond | Set directly by ICE, often at initial detention |
| Immigration Judge Bond | Set by judge at bond hearing, can be lower than ICE bond |
| No Bond | Person is ineligible for bond due to certain factors |
Who is Eligible for Bond?
- •Not subject to mandatory detention (certain criminal convictions)
- •Not an arriving alien (entered through port of entry)
- •Not subject to expedited removal
- •Not considered a flight risk or danger to community
- •Has not been ordered removed previously
- •Has not committed certain aggravated felonies
- •Is not subject to administrative final order
Mandatory Detention Categories
- •Aggravated felony convictions (as defined by immigration law)
- •Certain drug offenses
- •Firearms offenses
- •Crimes involving moral turpitude with sentences over 1 year
- •Multiple criminal convictions
- •Terrorist activity or national security concerns
- •Arriving aliens without valid entry documents
Where Are Detained Immigrants Held?
• Adelanto ICE Processing Center: Located in San Bernardino County, the primary facility for Southern California
• James A. Musick Facility: Orange County Sheriff's facility that sometimes houses ICE detainees
• Theo Lacy Facility: Orange County Jail that has an ICE contract
• Other Facilities: Detainees may be transferred to facilities throughout the region
Locating your loved one quickly is essential for the bond process.
How to Request a Bond Hearing
- 1Locate the Detainee
Use the ICE Online Detainee Locator or call the detention facility to confirm where your loved one is held.
- 2Determine Bond Eligibility
Review their immigration history and criminal record to assess bond eligibility.
- 3Request Bond from ICE
ICE can set a bond directly. If bond is denied or too high, proceed to immigration court.
- 4Request Bond Redetermination
File a motion for bond redetermination with the immigration court where the case is pending.
- 5Prepare for Hearing
Gather evidence showing the person is not a flight risk or danger to community.
- 6Attend Bond Hearing
Present your case to the immigration judge who will decide bond eligibility and amount.
Evidence for Bond Hearing
- •Length of time in the United States
- •Family ties (marriage certificate, children's birth certificates)
- •Employment history and current job offer
- •Property ownership or lease agreements
- •Community ties (church membership, volunteer work)
- •Criminal record (or lack thereof)
- •Immigration history and compliance
- •Proof of financial resources to pay bond
- •Letters of support from family, employers, community members
- •Evidence of rehabilitation if prior criminal history
The Bond Hearing Process
• Timing: Bond hearings are usually scheduled quickly, within days to weeks of the request
• Location: Hearings may be in person or via video from the detention facility
• Presentation: You or your attorney present evidence of community ties and non-danger
• Government Response: ICE attorney may argue against release or for high bond
• Decision: Judge decides whether to grant bond and sets the amount
• If Denied: You can appeal to the Board of Immigration Appeals (BIA)
Bond Amounts and Payment
• Typical Amounts: Bonds generally range from $1,500 to $25,000, with most between $5,000-$15,000
• Factors Affecting Amount: Criminal history, immigration history, flight risk, community ties
• Payment Options: Cash bond paid directly to ICE, or surety bond through licensed bond company
• Bond Companies: Charge 15-20% non-refundable fee plus collateral
• Cash Bond: Full amount paid, refunded (minus fees) when case concludes and person complies
• ICE Offices: Payment made at local ICE Enforcement and Removal Operations office
After Bond is Posted
• Release Processing: Release typically occurs within 8-24 hours of bond payment
• Conditions: Must attend all court hearings and check in with ICE as required
• Address Reporting: Must report any address changes within 10 days
• Travel Restrictions: Cannot leave the U.S. without permission
• Bond Conditions: Must comply with any specific conditions set by the judge
• Consequences: Failure to appear results in bond forfeiture and arrest warrant
Bond Redetermination Requests
• Lower Bond: If original bond amount is too high to pay
• Release After Denial: If new evidence shows eligibility
• Changed Circumstances: New family ties, employment, or positive developments
• Time in Detention: Prolonged detention may support release
• DHS Motion: Government can also request bond revocation
Alternatives to Bond
- •Order of Supervision: Release without bond with reporting requirements
- •Parole: ICE may parole certain individuals for humanitarian reasons
- •Habeas Corpus: Legal challenge to unlawful detention
- •Alternatives to Detention (ATD): GPS monitoring or check-in programs
- •Prosecutorial Discretion: Request ICE exercise discretion
- •Stipulated Removal: Agree to leave voluntarily (loses right to fight case)
Working with Immigration Attorneys
• Legal Assessment: Determine eligibility and strength of bond case
• Evidence Gathering: Know what evidence is most persuasive to judges
• Hearing Representation: Present arguments effectively at the hearing
• Appeals: Handle appeals if bond is denied
• Full Case Strategy: Bond is just one part of the overall immigration case
FAQFrequently Asked Questions
Q:How quickly can someone be released after bond is paid?
A: Release typically occurs within 8-24 hours after bond payment is processed. However, processing times can vary by facility. Weekend payments may result in longer waits. It's important to pay bond as early in the day as possible.
Q:What happens to the bond money after the case is over?
A: If the person attends all hearings and complies with the final order (whether granted relief or deported), the bond is returned minus a small administrative fee. If the person fails to appear, the entire bond is forfeited.
Q:Can the bond amount be lowered?
A: Yes, you can request a bond redetermination hearing to ask the immigration judge to lower the bond amount. This is common when the original bond set by ICE is too high for the family to afford.
Q:My family member has a criminal record. Can they still get bond?
A: It depends on the nature and severity of the criminal record. Some crimes trigger mandatory detention with no bond eligibility. Others may allow bond but at higher amounts. An attorney can evaluate whether bond is possible given the specific criminal history.
Q:What if ICE says my family member is subject to mandatory detention?
A: ICE's determination is not always final. An immigration judge can review whether mandatory detention actually applies. Sometimes ICE incorrectly categorizes individuals as mandatory detention. An attorney can challenge this at a Joseph hearing.
Q:How do I find out where my family member is being held?
A: Use the ICE Online Detainee Locator System (https://locator.ice.gov) or call the ICE detention reporting line at 1-888-351-4024. You'll need the person's name, date of birth, and country of origin.
Get Help with Immigration Bond Hearings
Our team helps Orange County families navigate the immigration bond process quickly and effectively. Time is critical when a loved one is detained.