Bond/Parole Requests

The Department of Homeland Security (DHS) may arrest and detain foreign nationals during removal proceedings and pending actual removal from the United States. Some foreign nationals are eligible to request release on their own recognizance or via bond or parole. Those with certain criminal offenses are subject to mandatory detention.

Bond

Most detained persons, except certain criminals, are eligible for bond. The minimum amount of bond is $1,500; the bond amount is set to ensure the foreign national appears at all future immigration hearings. A foreign national wishing to post bond must show that he/she is not a threat to society and not a flight risk. Factors used to evaluate eligibility and amount of bond include:

• local family ties;
• prior arrests and convictions, and appearances at those hearings;
• employment or lack of employment;
• membership in community organizations;
• manner of entry and length of time in the United States;
• immoral acts or participation in subversive activities;
• financial ability to post bond;
• property in the United States;
• previous immigration violations;
• defenses to immigration charges; and
• eligibility for relief.

General Procedure

The DHS initially makes a custody determination. Some foreign nationals may appeal this decision by requesting a bond redetermination hearing before an Immigration Judge. The bond hearing is separate from the removal proceeding. Both the DHS and the foreign national may appeal to the Board of Immigration Appeals (BIA). The appeal, however, will not stay the removal proceedings. If the foreign national’s circumstances materially change after the initial bond hearing, he/she may request a subsequent redetermination hearing. The bond may be revoked at any time, although the revocation is subject to administrative review before the BIA.

Parole

Certain individuals ineligible for a bond hearing before an Immigration Judge may be eligible for parole. There are varying standards depending on the circumstances. The parole request is made to the DHS. Parole decisions are based on:

• local family ties;
• prior arrests and convictions, and appearances at those hearings;
• employment or lack of employment;
• membership in community organizations;
• manner of entry and length of time in the United States;
• immoral acts or participation in subversive activities;
• financial status;
• property in the United States;
• previous immigration violations;
• defenses to immigration charges; and
• eligibility for relief.

Parole is automatically terminated upon the individual’s departure from the U.S. or the expiration of the period authorized for parole.

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