Immigration bond 2026: how to request it and cost | Law Office of Jesus Reyes, PLLC

When ICE detains someone, the family's first question is: "how do we get them out?" In many cases the answer is an immigration bond. This guide explains the types of bond, how to request them, what they cost in 2026, and what happens next.

What an immigration bond is

An immigration bond is a financial guarantee paid by the detained person (or their family) so they can be released while the deportation case proceeds. It is similar to a criminal bail, but in the immigration system (civil, not criminal).

Important: the bond does not resolve the immigration case. It only allows the person to face the process outside detention. The case continues, and the person must attend every hearing.

Who can request a bond

Not every detainee can request bond. Immigration law has categories of mandatory detention where bond is not available. The most common:

People with certain serious criminal records (aggravated felonies, certain drug offenses, etc.).
People with prior final removal orders.
Recent border arrivals in expedited removal.
People in the Migrant Protection Protocols.

If the person is not in a mandatory category, they can generally request bond.

Two types of bond that matter

ICE-set bond: ICE may set an initial bond at the time of arrest. If the family can pay, no hearing is needed. In 2026, typical amounts range from $1,500 to $25,000+.
Judge-set bond (custody redetermination): If ICE does not set bond, sets one too high, or denies it, the detainee can request a bond hearing before an immigration judge. The judge can lower, keep, or deny the bond.

How to request a bond hearing

The detainee or their attorney can request it in writing (Motion for Bond Redetermination) at the relevant immigration court. In South Florida, cases usually go to the Miami Immigration Court (Krome) or Broward Immigration Court (Pompano).

The hearing is usually scheduled 2 to 4 weeks after the request, faster in urgent cases.

What the judge evaluates

The judge decides two things:

Is the person a danger to the community? The judge looks at criminal history, domestic violence records, behavior during arrest.
Is the person a flight risk? The judge looks at family ties in the U.S. (citizen spouse, children, parents), time in the country, stable employment, fixed housing.

The burden is on the detained person: they must persuade the judge that they are neither a danger nor a flight risk.

Evidence that helps

In a bond hearing, the following documents are key:

Letters of support from legal-status family members.
Employer letter.
Rental contract or property deed.
Tax returns.
U.S. citizen children's birth certificates.
Proof of health treatment (if applicable).
Child support payments if applicable.
Any eligibility for relief (pending asylum, I-130 petition, etc.).

The stronger the foundation, the more likely the judge sets a payable amount.

What they cost in 2026

Typical amounts we see in Florida courts:

Minimum legal bond: $1,500.
Simple cases with no criminal record: $3,000 to $10,000.
Cases with criminal record or complex factors: $15,000 to $50,000+.
Borderline cases (near mandatory detention): $25,000 or more, if the judge agrees.

How to pay the bond

There are two ways:

Direct cash payment to ICE — the family pays the full amount at a designated ICE office or online. ICE refunds the money at the end of the case if the person attended all hearings.
Surety bond company — the family pays a percentage (typically 15-20%) to a DHS-authorized bond company, and the company guarantees the full amount to ICE. This payment is not refunded — it is the company's fee.

For families without $10,000-$20,000 in cash, the surety bond is often the only viable option.

What happens after payment

Once the bond is paid and processed:

The person is released from detention (can take 24-72 hours after payment).
They are still required to attend every hearing in immigration court.
They can live and, depending on the case, work (they may apply for a work permit if they have an eligible pending case like asylum).
Missing a hearing triggers an in absentia removal order and the bond is forfeited.

Mistakes that cost a lot

Not having an attorney at the bond hearing — judges usually set higher bonds without representation.
Disorganized or incomplete evidence.
Hidden criminal history that surfaces on hearing day.
Sponsors without clear status or demonstrable resources.

Next steps

If your relative is detained by ICE and needs to request bond, time is critical. Schedule an urgent consultation with our firm.

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Legal disclaimer: This article is for general informational purposes only and is not legal advice. Every immigration case is unique and depends on specific facts that only an attorney can evaluate after reviewing your situation. The law and USCIS policy change frequently. To get guidance on your particular case, schedule a consultation with our firm.

Immigration bond: how to request it and what it costs in 2026