Family member detained by ICE: how to request immigration bond and who can pay it

If ICE has detained a family member of yours, the urgent question is almost always the same: can they be released on bail and how much needs to be paid? The answer depends on how the person entered the U.S., their background, the legal detention status applicable to them, and what ICE decides, along with any immigration judge involved.

In this guide, we explain step by step how immigration bail works, who can apply for it and who cannot as of October 22, 2026, how to request a hearing before the judge, what evidence is helpful, and who can provide the funds.

Keep in mind from the outset a key idea: the immigration bond is not a punishment or a fine. It is a deposit that ensures the individual will comply with the established conditions, including their appointments and hearings. If they meet those conditions and the bond is formally canceled, the funds can be recovered through the appropriate process.

First step: locate your relative and obtain their number A

Before discussing bail, you need to know where the person is detained. ICE offers an online detainee locator, available 24/7 and also in Spanish. You can search using the A-number (the foreigner's number that appears on their immigration documents) and the country of birth, or by using the full name, date of birth, and country of birth.

If it does not appear, ICE recommends contacting the local office of your Enforcement and Removal Operations (ERO) division.

Have copies of your documents on hand: passport, I-94, I-220A, USCIS receipts, or court notifications. All of this will be useful later.

Who sets the bail?: First ICE and then the judge

The law provides, for certain categories of individuals detained while their immigration case is being decided, the possibility of being released on bail of at least $1,500 or through other authorized forms of release. However, not all detained individuals have the right to a bail hearing or are eligible to obtain one.

According to the immigration court practice manual, the Department of Homeland Security (DHS), through ICE, can initially set custody conditions and a bond when permitted by law. If ICE denies it or sets an amount that the family cannot afford, the detainee can request a custody review from the immigration judge, known as a bond hearing, as long as the judge has jurisdiction to examine their case. The judge can lower it, raise it, maintain it, or deny it.

Who is entitled to bail and who is not today?

This is the most sensitive point because the rules have changed significantly since 2025 and are still under litigation in the courts

• Mandatory detention for crimes. La ley impide la fianza a personas comprendidas en determinadas categorías de detención obligatoria por antecedentes o conductas penales. Desde la Laken Riley Law, firmada el 29 de enero de 2025, esas categorías incluyen, bajo los requisitos previstos en la norma, a determinadas personas que no han sido admitidas legalmente y han sido arrestadas, acusadas o condenadas por delitos como robo, hurto, robo en tiendas (shoplifting), allanamiento, agresión a un agente de la ley o delitos que causen muerte o lesiones corporales graves. En los supuestos contemplados por esa ley, no siempre se requiere una condena.
• Those who entered without being admitted. En Matter of Yajure Hurtado, del 5 de septiembre de 2025, la Junta de Apelaciones de Inmigración (BIA) sostuvo que los jueces de inmigración carecen de autoridad para conceder fianza a determinadas personas presentes en EE.UU. sin haber sido admitidas, aunque lleven años en el país.
• What the Eleventh Circuit says. El tribunal federal de apelaciones que cubre Florida, Georgia y Alabama concluyó en mayo, en el caso Hernandez Alvarez v. Warden, que determinadas personas no admitidas que viven en el interior del país, y no están llegando a la frontera, pueden solicitar una audiencia de fianza. Ese caso surgió de detenidos en Miami. El alcance de esa decisión debe examinarse según la situación procesal y jurídica de cada detenido.
• The Supreme Court has the final say. El 1 de octubre, el alto tribunal aceptó revisar el caso Rhoney v. Barbosa da Cunha, relacionado con la aplicación de la detención obligatoria a personas presentes en EE.UU. sin haber sido admitidas. A fecha de 22 de octubre de 2026, el caso seguía pendiente de resolución.
• Word on the border. En Matter of Q. Li, del 15 de mayo de 2025, la BIA sostuvo que determinadas personas detenidas al llegar a Estados Unidos, posteriormente liberadas mediante parole y cuyo permiso dejó de estar vigente, pueden quedar sujetas a un régimen de detención sin derecho a fianza ante un juez de inmigración. Esto puede afectar a cubanos que entraron por la frontera con parole.

In practice, each Cuban's situation depends on how they entered (parole, I-220A, without inspection), how ICE categorizes them in the notice to appear, the legal basis for their detention, and where they are being held. For this reason, it is crucial for a lawyer to review the documents as soon as possible: in certain cases, the available option may be a habeas corpus petition before a federal court, instead of a bond hearing before the immigration judge.

In CiberCuba, we explain what is at stake in the Supreme Court and who benefited from the ruling of the Eleventh Circuit.

How to request a bail hearing before the judge?

The immigration courts manual establishes these basic rules for cases in which the judge has jurisdiction over the bond:

1. The application can be made in writing or, in certain circumstances, verbally. There is no filing fee.
2. You must include the full name and A number of the detainee, the amount of bond set by ICE (if applicable), and the center where the individual is being held. If you have the notice to appear (form I-862), please attach a copy.
3. It is usually presented before the immigration court that has jurisdiction over the detention center.
4. The bail hearing is a separate process from the deportation case, with its own file. The documents that are already part of the main case must also be submitted in the bail proceeding if they are to be considered by the judge.
5. The judge can communicate his decision verbally during the hearing. Both the detainee and the government can appeal to the BIA, in accordance with the applicable rules.
6. If the judge denies bail, a new request generally requires demonstrating that the circumstances have materially changed.

What evidence helps to secure bail?

When the judge has the authority to decide on bail, they consider factors such as whether the individual poses a danger to the community, if there is a risk of not appearing for their hearings, and if they present a risk to national security. In these proceedings, the detainee generally must provide sufficient evidence to demonstrate that they meet the criteria for release.

On October 6, the BIA examined these criteria in Matter of M-S-V-: it revoked the bond granted to a man who was driving trucks without a commercial license and questioned the documentation provided regarding his sponsor, a friend, including their relationship and his financial capacity. CiberCuba reported on this BIA decision. Therefore, it is advisable to prepare a solid case file:

• Proof of permanent residence: rental contract, invoices, or a letter from the person hosting you.
• Sponsor with documents: sworn statement, proof of income, and documents that certify the relationship, such as birth or marriage certificates, photos, or messages.
• Rootedness: children or spouse in the U.S., employment, community involvement, and letters of support.
• Judicial records of any arrests or criminal proceedings, along with their final outcome.
• Compliance tests for immigration obligations: attendance at ICE appointments and court hearings, and notifications of changes of address.
• Documentation regarding pending immigration applications, such as asylum or adjustment under the Cuban Adjustment Act, where applicable.

Who can pay the bail and how is it paid?

According to the official ICE bonds page, a delivery bond allows for the release of a detained individual under certain conditions. The payment must be made by a person or entity authorized by ICE. Eligible depositors include U.S. citizens, lawful permanent residents, and certain authorized entities such as law firms and nonprofit organizations, depending on the payment system's conditions.

The person who deposits the bond is known as the obligor and takes on the corresponding obligations before ICE. This should not be confused necessarily with the sponsor who provides housing or financial support to the detainee during the immigration process.

• Identification: the depositor must verify their identity and eligibility with documentation accepted by ICE. Depending on their situation, they may need a U.S. passport, birth certificate or naturalization certificate, valid identification, or a permanent resident card.
• Payment method: the deposit must cover the full established amount. ICE uses its electronic system CeBONDS and accepts the bank transfer methods enabled for these operations, including Fedwire or ACH when applicable.
• Schedule: the processing of transactions is subject to the hours set by ICE, which must be verified before initiating payment. The availability of the electronic system does not mean that all transactions can be completed immediately.
• Without a bank account: the family can consult with an authorized bonding company or a community organization that provides assistance. Before engaging these services, you should verify their terms, fees, and obligations.

Before transferring money, it is advisable to directly confirm with ICE the amount, the requirements of the depositor, and the current payment instructions. The deposit should be made via official channels or through duly authorized intermediaries.

How can the money be recovered?

The bond remains in effect until ICE determines that it should be canceled and issues the corresponding notification using form I-391 (Notice of Immigration Bond Cancelled).

A delivery bond can be canceled when the conditions that allow for the termination of the obligation are met, depending on the circumstances of the case. The return of the deposit is to be made to the authorized depositor and is processed according to the procedure established by federal authorities.

If the conditions of the bond are violated, ICE may initiate proceedings to declare it breached and notify you using the I-323 form. Failure to comply may result in the forfeiture of the deposited funds. The existence and handling of potential interests depend on the regulations applicable to the bond.

It is important to keep the payment receipt, the bond documents, the ICE notifications, and the updated information of the depositor. The refund should not be considered automatic or immediate: it may require additional procedures and depends on whether the bond has been formally canceled.

What to do now?

1. Locate your relative and note down their number A and the detention center.
2. Seek an immigration attorney or an accredited representative immediately to determine if you can request a bail hearing.
3. Gather documents of residence, ties, sponsor income, and criminal records.
4. If ICE sets a bail, verify who is authorized to pay it, the exact amount, and the official payment methods.
5. Once you are out, attend every appointment with ICE, every court hearing, and meet the other conditions of your release. Keep all receipts to facilitate the eventual return of the deposit.

Aviso legal: este artículo ofrece información general con fines exclusivamente informativos y no constituye asesoría legal. Las leyes y políticas migratorias de EE.UU. cambian con frecuencia. Para evaluar tu caso concreto, licenciado o un representante acreditado por el Departamento de Justicia.