Immigration bond

How it works

• The law lets the immigration judge set a bond of at least $1,500 or release on recognizance someone who shows they are not a danger to the community and will appear at their hearings. The burden of proof is on the detained person.
• Not everyone is eligible. Certain convictions require detention without bond, and different rules apply to someone with a prior removal order or who was detained on arrival at the border.
• In Wisconsin, the Seventh Circuit Court of Appeals held in July 2026 (Rojas v. Olson) that people who entered without inspection years ago and live here may request bond under section 1226(a). The government disagrees and the Supreme Court agreed in October 2026 to review the question; meanwhile, the rule in Wisconsin remains in effect.
• The judge looks at the whole picture: family with status, time in the country, fixed address, work, criminal history, past compliance with immigration, and whether there is a realistic path to stay.
• If the judge denies bond or says there is no authority, the attorney can ask a federal judge to review the detention (habeas corpus).

What the attorney does

• Locates the person, confirms under which law they are held and whether they are eligible, and files the bond request before the Chicago Immigration Court, which handles detainees in Wisconsin.
• Prepares the evidence package with the family: sponsor letter, proof of relationship and address, years in the country, support letters, complete criminal history with certified judgments.
• Represents the person at the bond hearing, usually by video from the detention center.
• If appropriate, files the habeas corpus petition in the federal court of the district where the person is held.

What to gather now

• Full name, date of birth, country and A-number of the detained person.
• Proof of relationship and of family members' status: certificates, passports, green cards.
• Proof of the sponsor's address: lease, mortgage or utility bill.
• Proof of years in the country: taxes, pay stubs, leases, school and medical records.
• Papers from any criminal case, including traffic tickets, with the judgments.

Common questions

How much is the bond?

The judge sets it case by case. The legal minimum is $1,500 and it can be much more. The attorney presents the evidence that justifies a reasonable amount.

Who can pay it and how?

ICE accepts payment through its electronic system (CeBONDS) from U.S. citizens, lawful permanent residents, law firms and non-profit organizations, with proof of status. Someone without status should not pay it on another's behalf. The money is returned at the end of the case if the person complies.

My relative entered without papers 15 years ago. Can they request bond?

In Wisconsin, today, yes, under the Seventh Circuit's decision, unless they have certain convictions. That rule is under Supreme Court review, which is why the request should be filed right away.

Where are they held?

ICE mainly uses the Dodge County jail in Juneau for people detained in Wisconsin, and frequently transfers to other states. ICE's online locator shows the location with the A-number.

What if bond is denied?

You can appeal to the Board of Immigration Appeals, request a new hearing if circumstances change, or go to federal court with a habeas corpus petition. The attorney explains which path applies.