New York · est. 2013Saturday, September 5, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Forms · Court and appeals

Immigration bond and release from detention

Getting someone out of immigration detention usually means a bond. ICE can set one, and an immigration judge can redetermine it in most cases. Once the amount is set, an obligor pays it in full through the CeBONDS system or at an ICE office, and the money comes back at the end of the case if the conditions were met.

Typical time: Bond verification takes about 1 to 2 hours during posting hours, with release usually by the end of the following day. Bond hearings are normally scheduled within days or weeks of a request.Fees: The bond itself, from $1,500 upward, returned at the end of the case if conditions are met. No filing fees for the bond hearing or a bond appeal.

Who it is for. Detained people, and the family members, law firms and nonprofits who post bonds for them.

The forms, in order

5 forms
EOIR-28I-352EOIR-33/ICI-220BEOIR-26
  1. 1

    Find out where the person is detained and whether they are bond-eligible

    Who
    The family or attorney
    When
    Immediately - detention transfers happen fast
    Fee
    $0

    Mandatory detention under INA 236(c) makes some people ineligible for any bond.

  2. 2

    Request a bond hearing before the immigration judge

    EOIR-28

    Who
    The detained person or their representative
    When
    As soon as the case is docketed
    Fee
    $0 - there is no filing fee for a bond hearing

    The judge can lower, raise, or refuse to change the ICE-set amount.

  3. 3

    Post the bond through CeBONDS or at an ICE office

    I-352

    Who
    The obligor - a U.S. citizen, permanent resident, law firm or nonprofit; the detained person may post their own voluntary departure or order of supervision bond
    When
    Bond posting hours are Monday to Friday, 9 a.m. to 3 p.m. in the detention time zone; verification takes about 1 to 2 hours
    Fee
    The full bond amount, minimum $1,500 by statute for a delivery bond, paid by Fedwire or ACH

    The obligor must show a REAL ID-compliant licence, passport, birth certificate, naturalisation certificate, green card or military ID.

  4. 4

    Collect the person after release

    Who
    The obligor or family
    When
    Usually by the end of the day after the bond is approved and Form I-352 is signed
    Fee
    $0

    Facility release times vary.

  5. 5

    Comply with every condition and appear at every hearing

    EOIR-33/ICI-220B

    Who
    The released person
    When
    For the life of the case
    Fee
    $0

    A missed hearing breaches the bond and the money is forfeited.

  6. 6

    Appeal a bond decision if needed

    EOIR-26

    Who
    Either party
    When
    Within 30 days
    Fee
    $0 - there is no fee for a bond appeal

Where it goes wrong

  • Obligors without bank accounts cannot use CeBONDS, since payment must be by Fedwire or ACH.
  • A breached bond is forfeited and the obligor loses the money, not the detained person.
  • Mandatory detention categories have been expanded and more people are now bond-ineligible.
  • Bond amounts have risen and discretionary release has narrowed since 2025.
  • Surety bond companies charge a non-refundable premium, typically a large percentage of the bond, that is never returned.

What changed in 2025 and 2026

  • ICE has moved bond posting almost entirely to the CeBONDS electronic system, requiring Fedwire or ACH payment.
  • Detention capacity expanded substantially through 2025 and 2026, and discretionary releases have narrowed.
  • People have been detained at routine ICE check-ins, which has changed how families approach supervision appointments.

Related processes

Sources: ice.gov · ice.gov · ice.gov · justice.gov · justice.gov