Maybe. Some, but not all, immigrants are eligible to post bond. If you post bond, you are released from the detention facility while you wait for the deportation hearing. If you have committed certain very serious crimes, you may not be eligible for a bond hearing, due to the mandatory detention rules.
A bond is an amount of money paid to the government to show that you will attend your deportation hearing.
If you want to post bond, ask for a bond hearing. Look for an experienced immigration lawyer to represent you in the bond hearing. You can always ask for a bond hearing, but you may not be eligible for bond if you:
- Have a previous deportation order,
- Have certain criminal convictions,
- Were arrested at the border or airport, or
- The government suspects you have terrorist ties.
At the hearing, you can submit any documents that show you have
- a permanent address,
- stable employment,
- relatives with legal status in the United States, and
- any evidence of strong ties to the community, such as letters from employers, relatives, or pastors.
In the Boston Immigration Court, the government has the burden to prove that you are a danger to the community or a flight risk. You are not required to, but should bring documents that prove you are neither of these.
If you have closed criminal cases, the ICE lawyer may not have current court documents showing that you were found “not guilty.” If you can get these types of records you may want to present them to the court. The immigration judge, not the ICE lawyer, will decide whether to give you a bond.
To find out when your bond hearing is, check the EOIR website or call the Immigration Court (EOIR) hotline. The number is 1-800-898-7180.
- When you call, the automatic hotline will ask you for your Alien Registration Number, or “A number.” This is a 9-digit number that should be on any documents you have from the government related to your immigration. An example is A 123 456 789. [If you have an older A# that is 8 digits put a “0” at the beginning]
- After you enter your A number, you can find out when your next court date is scheduled.
- You can also check the online case system on the EOIR website. If your A# is not yet in the system, keep trying. It may appear anytime after you are detained once the paperwork is filed with the court.
If you are eligible for bond, ICE or an immigration judge will decide the amount. The person paying the bond must have some kind of immigration status and identification. If you are granted bond, they can pay the bond through the Cash Electronic Bonds webpage or at any ICE field office.