When ICE detains a family member, the first goal is to bring that person home. For many families, an immigration bond is the fastest lawful way to do it while the case goes on. But the rules on bond have changed sharply since 2025, and an early mistake can mean months behind bars.
At Pozo Goldstein, LLP, our Miami immigration lawyers fight for release in immigration courts and federal courts across South Florida. Our team includes a former Miami-Dade County Court Judge, Ada B. Pozo, and two former federal immigration prosecutors, Steven A. Goldstein and Frieda M. Goldstein. This guide explains who qualifies for an immigration bond, how much it costs, how to pay an ICE bond and how to get the money back.
What Is an Immigration Bond?
An immigration bond is money paid to the U.S. Department of Homeland Security (DHS) so that a detained person can leave ICE custody while the case moves forward. In effect, it is a promise. The person agrees to attend every hearing and to follow every ICE instruction. If he or she does, the money comes back when the case ends.
Many people call it an ICE bond, because Immigration and Customs Enforcement (ICE) holds the money and handles the release. However, it is not the same as bail in a criminal case. Paying the bond does not end the immigration case. Instead, the case goes on, and the person can fight it from home.
There are two main types:
- Delivery bond. This is the most common type. It lets the person go home and guarantees that he or she will appear for court and for ICE check-ins.
- Voluntary departure bond. A judge may allow some people to leave the United States on their own by a set date. In that case, the person posts this bond, and ICE returns it after he or she proves the departure.
ICE can also release some people without any bond, for example on their own recognizance. Often, though, ICE adds conditions, such as regular check-ins or an ankle monitor, through its Alternatives to Detention program.
Who Is Eligible for an Immigration Bond in 2026?
Not everyone can get out on bond. Federal law allows ICE and immigration judges to release many people while their cases go on, but it requires detention for others. In short, the immigration bond requirements turn on three things: how the person entered, any criminal history and the stage of the case.
These groups usually face detention without bond:
- People with certain criminal convictions, such as aggravated felonies and most drug offenses
- Under the Laken Riley Act of 2025, people who entered without inspection, used fraud or lack valid entry papers, if they are charged with, arrested for or convicted of theft, burglary, shoplifting, assaulting a police officer, or a crime causing death or serious injury
- People with a final order of removal, who may instead ask ICE for release under an order of supervision
- Many people stopped at the border or at an airport, including those in expedited removal
Even within these groups, the details matter. A lawyer should review the exact charge, the conviction records and the entry history before anyone gives up on bond.
Can Someone Who Entered Without Inspection Get Bond in Florida?
This question has changed the most. In 2025, ICE began treating everyone who entered without inspection as subject to mandatory detention, no matter how long the person had lived here. Then, on September 5, 2025, the Board of Immigration Appeals agreed in Matter of Yajure Hurtado. Immigration judges remain bound by that decision, so many of them will not hold a bond hearing for someone who entered without inspection.
Federal courts in Florida see it differently. On May 6, 2026, the U.S. Court of Appeals for the Eleventh Circuit, which covers Florida, decided Hernandez Alvarez v. Warden. The court held that people who entered without inspection and were later arrested inside the country may seek bond. The government has asked the full Eleventh Circuit to rehear the case. Meanwhile, federal judges in Florida have relied on the decision to order bond hearings. Most other federal appeals courts agree. However, the Fifth Circuit, which covers Louisiana, Mississippi and Texas, sided with the government. That matters, because ICE often moves Florida detainees to those states.
Now the Supreme Court will settle the question. On October 1, 2026, it agreed to hear Rhoney v. Barbosa da Cunha, and a ruling could come by mid-2027. Until then, a habeas corpus petition in federal court is often the path to a bond hearing in Florida. Our firm files these petitions, and in February 2026 a federal court granted one of ours and ordered ICE to release a long-term detainee within 24 hours.
What Happens at a Bond Hearing?
ICE makes the first custody decision. After an arrest, an ICE officer decides whether to hold the person, set a bond or release him or her. If ICE denies bond or sets an amount the family cannot afford, the detained person can ask an immigration judge to review it. Lawyers call this request a bond redetermination.
At the hearing, the burden falls on the detained person. First, he or she must show no danger to the community. Only then does the judge ask whether the person is likely to return to court. Under the Board of Immigration Appeals’ decision in Matter of Guerra, the judge may weigh factors such as:
- A fixed address and the length of time in the United States
- Family ties, especially to U.S. citizens and green card holders
- Steady work and a record of showing up for court
- Any criminal record, including recent arrests
- Past immigration violations and the manner of entry
Evidence wins these hearings. For example, letters of support, a lease, tax returns, birth certificates and proof of a pending application all help. Many hearings last only minutes, so the evidence must be ready before the judge takes the bench.
Timing matters as well. A judge usually decides bond only once. After that, a new request needs proof that circumstances have changed in a material way. Either side may appeal to the Board within 30 days. Moreover, when ICE itself denied release or set a bond of $10,000 or more, the government can file a notice that keeps the person detained during its appeal.
Our attorneys have won bond in hard cases. For instance, they won a Krome bond hearing for a client who faced serious allegations. They also won release for a Belizean client held at Broward Transitional Center.
How Much Is an Immigration Bond?
Federal law sets the minimum delivery bond at $1,500. There is no maximum, so ICE and immigration judges set each amount case by case. In general, a higher risk of flight means a higher bond.
National numbers give a rough idea. According to TRAC at Syracuse University, immigration judges granted bond to 2,646 people in September 2026, out of just under 10,000 bond hearings. The median bond that month was $7,500. Still, the typical amount ranged from $1,500 in Bloomington, Minnesota, to $20,000 in Denver.
A voluntary departure bond costs at least $500. The person must post it with ICE within five business days of the judge’s order.
If the amount is out of reach, a lawyer can ask the judge to lower it. Proof of strong family ties, stable work and the family’s finances can support that request.
How Do You Pay an ICE Bond?
Once ICE or a judge sets the amount, someone outside detention must post the bond. ICE calls this person the obligor. Under ICE’s rules, the obligor may be a U.S. citizen, a lawful permanent resident, a law firm or a nonprofit group. The obligor must also show proof of status, such as a U.S. passport, a REAL ID driver’s license or a green card.
Today, the main way to make an ICE bond payment is online:
- Create an account in CeBONDS, ICE’s online bond system.
- Enter the detained person’s name and A-number, so that ICE can confirm the bond.
- Pay the full amount by bank transfer (ACH or Fedwire).
- Review and sign the bond contract, Form I-352, and then watch for notices in your account.
CeBONDS accepts bonds from 9 a.m. to 3 p.m. on business days, in the time zone where the person is held. According to ICE, the review usually takes one to two hours, and release often follows the same day. However, a payment made after 3 p.m. waits until the next business day.
You will need the A-number and the facility’s name. If you do not know where your loved one is held, start with our guide to the ICE detainee locator.
ICE handles in-person payments case by case, and even then it expects payment from a bank account. So call the ICE field office before you go. You can find the current rules on ICE’s official bonds page.
Finally, beware of scams. ICE does not take bond payments by gift card, payment app or a transfer to someone’s personal account. If a caller demands money that way, hang up and call a lawyer.
Should You Use a Bail Bond Company?
If the family cannot pay the full amount, an immigration bail bond company may post the bond instead. ICE accepts these surety bonds only from companies that the U.S. Treasury has certified. So before you sign, make sure the company appears on the Treasury’s list.
Bond companies charge for this service. Fees vary, but many keep about 15 to 20 percent of the bond, and you do not get that fee back. Many also require collateral, such as a car title or a lien on a home. Some go further and require the released person to wear an ankle monitor and pay a monthly fee for it.
For these reasons, read the contract with care, and ask a lawyer about any term you do not understand. In some cases, a lower bond from the judge is the better answer.
How Do You Get an Immigration Bond Refund?
An immigration bond stays in effect until ICE cancels it. At that point, ICE sends the obligor Form I-391, Notice – Immigration Bond Cancelled. This usually happens once the case is over and the person has met every condition, for example after winning lawful status or leaving the country as allowed. ICE also cancels a delivery bond when it takes the person back into custody. For a voluntary departure bond, the obligor must send proof of the timely departure within 30 days of the departure date.
After cancellation, the refund goes to the obligor, not to the person who was detained. It includes the full amount plus interest, which federal law caps at 3 percent a year. ICE’s Financial Service Center handles refunds, and its bond refund help desk answers at 877-491-6521 (option 1).
To protect the immigration bond refund, keep the bond receipt and every ICE notice in a safe place. And if the obligor moves, file Form I-333 with ICE right away. Otherwise, important notices may go to an old address.
On the other hand, a missed appearance can cost the whole bond. When ICE needs the person, it sends the obligor Form I-340, a notice to deliver him or her. If the person does not appear on time, ICE can declare a breach on Form I-323, and the obligor loses the money. So keep every date, and if a court date has passed, read our article on missing an immigration court date in Miami.
How Pozo Goldstein, LLP Fights for Release
Bond cases move fast, and the first hearing often decides the outcome. Our attorneys know how ICE builds its case for detention, because two of them once argued those cases for the government.
Ada B. Pozo served as a Miami-Dade County Court Judge and presided over thousands of civil and criminal cases. As a result, she knows how a judge weighs the risk of release. She has also served on the board of the South Florida Chapter of the American Immigration Lawyers Association.
Steven A. Goldstein was a trial attorney for the former Immigration and Naturalization Service through the U.S. Attorney General’s Honors Program. He later prosecuted cases for ICE and has argued key cases before the U.S. Court of Appeals for the Eleventh Circuit.
Frieda M. Goldstein is also a former federal immigration prosecutor in New York and Miami. In addition, she served as a judicial law clerk at the immigration courts in both cities.
Attorney Nathaly Henriquez focuses on family and criminal immigration matters. That mix matters in bond cases, because an arrest record often drives the government’s case for detention.
Together, our lawyers seek bond before ICE and immigration judges, file habeas petitions in federal court and fight deportation once the person is home. You can learn more on our bond and detention page. We serve clients in English and Spanish from offices in Miami, Palm Beach and New York.
Contact Pozo Goldstein, LLP About an Immigration Bond
An immigration bond can reunite your family while the case goes on. But the rules keep changing, and the first hearing may be the best chance for release. That is why it pays to have a lawyer from the start.
If ICE has detained a loved one in Miami or anywhere in South Florida, contact Pozo Goldstein, LLP today. Call (305) 856-0400 or send us a message to schedule a consultation with a Miami immigration lawyer. Our Miami office is at Midtown Office Lofts, 3401 North Miami Avenue, Suite 235.
