It is Worth Asking for Bond
By Celeste Acevedo, Immigration Attorney
Closed mouths do not get fed. Federal courts across the country have ruled that immigration judges have the jurisdiction to grant bond to people who have entered without inspection. This was not always the case this year.
Earlier this week, Politico reported that there have been more than 10,000 rulings from immigration judges against the Trump administration’s detention policies. The administration’s actions have often been characterized as indiscriminately cruel and as violations of due process rights.
Across the country, immigration judges are pushing back against the Trump administration’s agenda. In addition, federal judges across district courts and federal circuit courts are also siding with people who have been detained.
It is important to understand that the law surrounding bond eligibility for individuals who entered without inspection is not the same across the country. Different courts have reached different conclusions on whether immigration judges have the authority to grant bond in these cases. Even so, requesting bond can still be an important step. If your loved one is detained after entering without inspection, pursuing bond may help preserve future legal options as this area of law continues to evolve. Every case deserves to be fought for, and our team can help you evaluate the best strategy for your loved one in detention.
As the jurisprudence currently stands in the 11th Circuit, which covers Florida, Georgia, and Alabama, people who entered without inspection are entitled to a bond hearing.
It is important to know that even if you ask for bond, there is not a guarantee it will be granted.
What are the factors taken into consideration when an immigration judge is deciding bond?
When deciding whether to grant bond, an immigration judge considers factors related to whether an individual is a “flight risk” or a “danger to the community.” The issue of “flight risk” is important because it relates to whether the individual is likely to appear at future immigration hearings. Judges may evaluate whether someone has strong community ties, including family in the area, long-term employment, stable housing, length of time in the United States, and other positive equities. When evaluating whether an individual may be considered a danger to the community, an immigration judge may take prior criminal history into account. However, having a criminal record does not automatically make someone ineligible for bond. Because every case is different, it is important to seek individualized legal advice about the specific facts of your case.
What is the difference between bond and Habeas Corpus?
A bond hearing is a proceeding in immigration court where an immigration judge decides whether an individual should be released from immigration detention. Typically, an attorney submits a bond package that includes supporting documents and explanations addressing the factors discussed above, along with other relevant evidence.
Habeas Corpus, on the other hand, is a legal procedure in which a detained person appears before a federal judge to challenge whether their detention is lawful. This process takes place outside of immigration court. Individuals in immigration custody have the right to request that a federal judge review the legality of their detention.
This is an evolving area of law. To determine what may be best for your loved one, please consult with the detained individual and schedule a consultation with an attorney on our team.