Getting a detained family member out of ICE custody
When Immigration and Customs Enforcement (ICE) detains someone, the family's first question is usually how to get that person released. In many cases the answer is a bond: an amount of money paid to the government to secure release, returned when the conditions are met. If ICE sets no bond or sets one the family cannot afford, an immigration judge may be asked to review custody at a bond redetermination hearing.
Release matters for more than comfort. Detained cases move on a faster schedule, and it is much harder to gather documents, find witnesses and meet with a lawyer from a detention center. This page explains how the process generally works and how Usher Law Group helps families through it.
What we handle
- Locating a detained family member and confirming the basis for detention
- Requesting a bond redetermination hearing before an immigration judge
- Asking for a lower bond or for release on recognizance
- Requests to ICE for release on conditions, parole or supervision programs when a court bond is not available
- Appeals of bond decisions to the Board of Immigration Appeals
- Referral for federal court review (habeas corpus) when detention may be unlawful
- The underlying removal defense case after release
What the judge considers
At a bond hearing, the person in custody generally has to show that they are not a danger to the community and are not likely to flee. Judges commonly look at:
- Criminal history, including arrests and pending charges
- Immigration history, including prior removal orders or missed hearings
- Family ties, especially U.S. citizen or permanent resident relatives
- Length of residence, a stable address, employment and community involvement
- Whether the person has a realistic claim for relief in the removal case
If the judge grants release, the judge also decides the bond amount. The ability to pay can be relevant, and we present evidence on it when it helps.
Who may not be eligible for a bond hearing
Not everyone in ICE custody can ask an immigration judge for bond. The law requires detention for certain people, for example some people with specific criminal convictions and some people who are treated as applicants for admission. People with final removal orders are also in a different position.
The rules on bond eligibility have changed recently and are being litigated. Since 2025, the government has taken the position that many people who entered the United States without inspection are not eligible for a bond hearing before an immigration judge, and federal courts have reached different results. Whether a bond hearing is available in a particular case needs to be checked against the current law.
When a judge cannot set bond, other options may still exist, such as a request to ICE for release or a petition in federal court challenging the detention.
How we help
- Confirm where the person is held, their A-number and the reason ICE gives for detention.
- Review criminal and immigration records to decide whether a bond hearing is available and worth requesting now.
- Build the bond packet: letters from family and employers, proof of address, tax and work records, medical records and evidence of a possible defense.
- Argue for release and for an amount the family can pay.
- Explain how to post the bond with ICE and what conditions the person must follow after release.
- Continue with the removal case so the person is prepared for every hearing.
What families should gather
- The detained person's full name, date of birth, country of birth and A-number, if known
- Any papers ICE gave the person, such as a Notice to Appear or custody determination
- Passport, visa, I-94 and prior immigration applications or decisions
- Certificates of disposition for any arrests or convictions
- Birth and marriage certificates showing U.S. citizen or permanent resident relatives
- A lease or letter confirming where the person will live, plus employment letters and pay records
- Support letters with the writer's signature, contact information and proof of status
You can search for a detained person with the ICE Online Detainee Locator. Court dates can be checked on the EOIR Automated Case Information portal.
Posting the bond and after release
- The bond is paid to ICE, not to the court. The person who pays (the obligor) must meet ICE's identification and status requirements.
- The released person must attend every hearing and follow any reporting or supervision conditions. Missing a hearing can lead to a removal order and loss of the bond money.
- When the case ends and the conditions were met, the obligor can request the return of the bond.
- If a judge denies bond, a later request usually requires a material change in circumstances, so the first hearing should be as well prepared as possible.
Your hearing location and attendance instructions depend on the court assigned to your case. Review your hearing notice and confirm current information through EOIR. If a family member has been detained, contact Usher Law Group as soon as possible.
Frequently asked questions
What is a bond redetermination hearing?
It is a hearing where an immigration judge reviews ICE's custody decision. The judge decides whether the person can be released and, if so, sets a bond amount or orders release on other terms.
Does everyone in ICE detention get a bond hearing?
No. Some people are subject to mandatory detention because of certain convictions or how they entered the country, and these rules have been changing and are in litigation. An attorney should check eligibility under the current law.
Do we get the bond money back?
Generally yes, if the released person complies with all conditions and attends every hearing, the obligor can request the return of the bond after the case ends. If the person fails to appear, the bond can be forfeited.
What if the judge denies bond or sets an amount we cannot pay?
The decision can be appealed to the Board of Immigration Appeals, and a new request may be possible if circumstances materially change. In some cases a request to ICE or a federal court petition may be an option.
What should we bring to the consultation?
Bring the detained person's name, date of birth, country and A-number, any ICE papers, criminal court dispositions, proof of family relationships, and letters showing where the person will live and work.