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Can I bail out someone who is in ice custody? Lawyer
New Jersey

A: Non-citizens placed in Immigration detention are eligible for immigration bond unless they are subject to mandatory detention due to serious Criminal Misconduct. The Department of Homeland Security, Immigration Customs Enforcement (ICE) District Director may set the initial bond as low as $1,500.00 or may set it much higher, depending on a variety of factors. These considerations include, for example, the length of residence in the United States, family ties in this country, employment history, criminal record, and any history of immigration violations.

After ICE sets the initial bond amount, the detainee may request, either orally or in writing that an Immigration Judge (IJ) lowers the bond amount required for release. The Motion for Bond Redetermination should state the factors warranting a bond decrease. The IJ conducts a bond hearing, and then issues a final bond determination.

Once the IJ has made a final bond determination, the bond can be paid by any person who is in the United States lawfully. The payment should be made at the local ICE office, with a cashier’s check made out to the Department of Homeland Security.

This content was written on behalf of Greg Prosmushkin.