ICE Detained a Family Member in New York — Is There a Bond Hearing?

Reviewed by the attorneys of Jimenez Mazzitelli Mordes

When ICE detains someone, the family’s first question is almost always the same: can they come home while the case is going on? Sometimes yes, through a bond hearing. Sometimes no, because of a rule called mandatory detention. Here is how to tell the difference and what to do in the first hours.

First, the practical steps

Find the person’s A-number (the nine-digit alien registration number) — you will need it to locate them in the ICE detainee locator and to file anything. Do not let anyone sign voluntary departure or a stipulated removal order without talking to a lawyer first; those can give up the right to a hearing for good. And find out the ground ICE is charging, because that is what decides whether bond is even on the table.

Bond is possible — under § 236(a)

Most people in immigration detention are held under the discretionary authority of INA § 236(a). For them, an immigration judge can hold a bond hearing and set a bond (the statutory minimum is $1,500) or release on conditions. At the hearing, the judge weighs whether the person is a flight risk or a danger to the community. Evidence of family ties, length of time in the United States, steady work, and community support all help.

When bond is not available — § 236(c)

Certain charges — some controlled-substance, firearm, aggravated-felony, and moral-turpitude grounds — trigger mandatory detention under INA § 236(c). A person held under § 236(c) is not entitled to a bond hearing before the immigration judge while that rule applies. But whether § 236(c) truly applies to a specific person is frequently a contested legal question — the charge ICE writes down is not the last word, and challenging that classification is often the first real fight in the case.

Why early counsel matters

A detained case moves on the Varick Street docket in New York and can move fast. A lawyer can request a bond hearing, assemble the release package, and — where appropriate — challenge a mandatory-detention classification. The sooner that work starts, the more options stay open.

This article is general information about federal immigration law, not legal advice, and does not create an attorney-client relationship. Immigration consultations with our office are confidential. Outcomes depend on the specific facts of each case.