Immigration Bond Lawyer — ICE Detention & Release
If someone you love has been detained by ICE, time matters. Marcano Legal helps families across the country pursue every lawful path to release — an immigration bond where one is available, and the alternatives when it isn’t. Attorney Grace Marcano, Esq. reviews the facts and tells you clearly which release paths actually apply to your family’s case.
Call (786) 314-7330 · WhatsApp (786) 645-5370 · Se habla español
Immigration Bonds: Key Facts
- An immigration bond is money paid to the government to release a detained immigrant while their case continues in immigration court.
- The legal minimum delivery bond is $1,500; bonds commonly run $1,500–$25,000+.
- There are two types: delivery bonds (release during the case) and voluntary departure bonds (refunded if the person leaves by the deadline).
- The person paying the bond must have lawful presence in the U.S. and valid government ID.
- A cash bond is refunded at the end of the case if your loved one attends every hearing and complies with the final order, including departure if removal is ordered.
- Not everyone is bond-eligible — whether a hearing is available varies with current policy (see The Current Rules below) — but other release paths exist (parole, custody review, habeas corpus).
- Marcano Legal represents families nationwide; immigration bond cases follow federal law.
The Current Rules — What Changed (last legal review: July 15, 2026)
Since mid-2025, the government has taken the position — through reported ICE guidance and the Board of Immigration Appeals’ decision in Matter of Yajure Hurtado — that many people who entered the U.S. without inspection are subject to mandatory detention. That means an immigration judge may not be able to grant them a bond hearing at all. Immigration courts are instructed to follow this policy, particularly in Texas, Louisiana, and Mississippi.
This is being actively challenged. Federal district judges across the country have issued hundreds of orders for custody reviews or bond hearings. The appeals courts are split: courts covering Florida, New York, Michigan, and parts of the Midwest have rejected the policy, while courts covering Texas and the central U.S. have upheld it. Several regions are still undecided. One appeals court briefly recognized a right to a bond hearing within 90 days of detention, but that ruling was set aside days later for review by the full court. The Supreme Court has agreed to hear a related detention case, and a request to decide this exact question is pending.
What this means for your family: bond is still available for many detainees. Where it is barred or denied, release may still be possible through other legal tools. And because outcomes now depend on where a person is detained, no one can tell you which paths apply without reviewing the case. Detention law currently varies by region and is changing rapidly. The right first step is a careful review of the specific case.
Speak With an Immigration Bond Lawyer
Start with a free case evaluation — clear answers about bond and every other release path before you commit to anything.
What Is an Immigration Bond?
An immigration bond is money paid to the federal government to secure the release of a detained immigrant while their case moves through immigration court. Once bond is granted and paid, your loved one comes home and fights their case from outside detention — with better access to their attorney, their evidence, and their family.
There are two primary types:
- Delivery bond — the most common type. Allows release from detention while the immigration case proceeds. The person must appear at every future hearing, or the bond is forfeited.
- Voluntary departure bond — allows the person to leave the U.S. voluntarily by a set date. The bond is refunded upon departure and forfeited if they remain past the deadline.
How Does the Immigration Bond Process Work?
When a bond hearing is available, the process runs from detention to release in five steps: ICE’s initial custody decision, retaining an attorney, a motion for a custody hearing, the hearing itself, and payment.
- ICE’s custody decision. ICE arrests and processes the person into custody. An officer makes an initial decision: sets a bond amount, or declines to set one.
- Attorney retained. The earlier an attorney is involved, the more options stay open — early review helps identify deadlines, transfer risks, and which release paths are still available.
- Motion filed. Where the person is bond-eligible, the attorney requests a custody redetermination hearing before an immigration judge and builds the evidence package: community ties, family support letters, employment records, compliance history.
- Bond hearing. The judge can grant bond, lower the amount ICE set, or deny.
- Payment and release. Once bond is paid, ICE processes the release; timing varies by facility.
Every case moves at its own speed — court backlogs, detention transfers, and eligibility disputes all affect the timeline.
How Do I Find Someone in ICE Detention?
Use the ICE Online Detainee Locator: you’ll need the person’s A-Number, or their date of birth plus country of birth. New arrests can take some hours to appear in the system, and detainees are frequently transferred between facilities — sometimes across state lines.
Once you’ve located them, contact us. Where a person is detained affects which legal options apply — knowing the facility lets us assess which paths are available. Marcano Legal represents families nationwide, wherever their loved one is detained.
How Much Does an Immigration Bond Cost?
The legal minimum for a delivery bond is $1,500; in practice, immigration bonds commonly run $1,500 to $25,000 or more, depending on the person’s history, ties, and the judge or officer setting the amount.
Two ways to pay:
- Cash bond — the full amount, paid directly to ICE. Refunded when the case concludes, as long as every hearing was attended and the final order is followed.
- Surety bond — a licensed immigration bond agent posts the full amount; you pay the agent a non-refundable percentage. Cheaper upfront, but the fee is never returned.
Where a hearing is available, an attorney can present an evidence package on community ties and reliability to support a request for a meaningfully lower amount.
Who Qualifies for an Immigration Bond?
In general, an immigration judge may consider bond for a detained person who isn’t subject to mandatory detention, has no disqualifying criminal history, and can show they are neither a flight risk nor a danger to the community. The main factors:
- How the person entered the U.S. — this can determine whether a bond hearing is even available; see The Current Rules above for where that stands
- Criminal history — certain convictions trigger mandatory detention, though the categories are technical and have exceptions
- Prior immigration history — a removal order issued after a missed hearing hurts eligibility
- Ties and reliability — family in the U.S., long residence, stable work, and a record of appearing at hearings all support release
What looks like a bar to bond often has exceptions — and where your loved one is detained can decide which options are even available. ICE transfers can move a case from a favorable region to an unfavorable one. Don’t assume bond is off the table until an attorney has reviewed the specific facts.
What If Bond Is Denied — or Not Available at All?
A “no” on bond is not the end of the road. Detained immigrants may still pursue release through custody redetermination, humanitarian parole, supervision programs, custody-review litigation, a federal habeas corpus petition, or a BIA appeal. This is where families most need a lawyer in the current environment:
- Custody redetermination — where the person is eligible, ask an immigration judge to review ICE’s decision or lower the amount. Still the first move when it’s available.
- Humanitarian parole & alternatives to detention (ATD) — ICE can release a person on parole or into supervision programs (check-ins, monitoring) instead of detention. An attorney can request and support this with evidence.
- Custody-review litigation — how long detention can run without a hearing is being actively litigated (see The Current Rules above). What’s available depends on where your loved one is held — that’s part of our screening.
- Federal habeas corpus petition — when detention itself is unlawful or has gone on too long, a petition asks a federal judge — not an immigration judge — to review the detention. When a bond hearing is restricted or denied, this is often the main remaining path for a detained family. Learn how immigration habeas corpus works →
- Appeal to the Board of Immigration Appeals (BIA) — where a judge wrongly denies bond, the decision can be appealed, though this path is slower.
The right strategy depends entirely on the facts. Attorney Marcano reviews the case and explains which paths are realistic for your family — and which are not.
Is Your Loved One Detained by ICE?
Every day in detention costs your family — in stress, expense, and missed time together. Marcano Legal represents families nationwide. Immigration law is federal: your attorney does not need to be in your state. What matters is the detention case itself, not the attorney’s location.
Frequently Asked Questions About Immigration Bonds
Key Agencies in the Immigration Bond Process:
- ICE (U.S. Immigration and Customs Enforcement) — Makes initial custody and bond determination
- EOIR (Executive Office for Immigration Review) — Runs immigration courts; judges preside over bond hearings
- ERO (Enforcement and Removal Operations) — ICE division that handles detention and release
- BIA (Board of Immigration Appeals) — Reviews appeals from immigration judge decisions
Why Families Choose Marcano Legal
Immigration law is federal — your attorney doesn’t need to be in your state. When someone is detained by ICE, what matters is experience with immigration courts and detention cases — not the attorney’s zip code.
- All 50 states, virtually — immigration bond and detention cases follow federal law; we represent clients wherever they’re detained, with virtual consultations available
- Evidence-focused preparation — community-ties letters, employment records, family support letters, compliance history: what an immigration judge weighs when deciding release
- Every release path, not just bond — parole requests, custody reviews, habeas petitions, and full deportation defense when the case continues
- Bilingual service — full representation in English and Spanish. Se habla español.
Speak With an Immigration Bond Lawyer Today
If your loved one is in ICE detention, contact Marcano Legal for a free case evaluation. Call (786) 314-7330 or WhatsApp (786) 645-5370. Grace Marcano, Esq. will review the situation and explain which release paths apply.
Disclaimer: This website contains general information for educational purposes only and does not constitute legal advice. Immigration detention and bond rules are the subject of ongoing litigation, vary by region, and are changing rapidly. No attorney-client relationship is formed until a formal agreement is signed. Past results do not predict future outcomes. Each case depends on its specific facts and circumstances.