Answer By law4u team
When an immigrant is detained by Immigration and Customs Enforcement (ICE), they may be eligible to request bond to secure their release from detention while their immigration case is pending. However, immigration judges or ICE authorities can deny bond for various reasons, and understanding these reasons is crucial for individuals seeking release and those advocating on their behalf.
What Are The Common Reasons For Denying A Bond?
Flight Risk:
Risk of Fleeing:
If the immigration judge or ICE believes the detained immigrant is likely to flee and avoid future court hearings, they may deny bond based on the flight risk. This includes situations where the individual has previously failed to appear at court hearings or has a history of not complying with immigration requirements.
Criminal History or Serious Charges:
Criminal Convictions:
Immigrants with a criminal history, especially serious criminal convictions (such as felony convictions), are often denied bond. This includes charges related to drug offenses, violent crimes, or fraud. Even individuals with minor offenses may be denied if the immigration judge determines they pose a risk to public safety.
Pending Charges:
If an immigrant is facing pending criminal charges, the immigration judge may deny bond until the criminal case is resolved. This is especially true if the charges are related to serious offenses.
Danger to the Community:
Risk to Public Safety:
If the detained immigrant is considered a danger to the community due to their actions or criminal history, bond may be denied. This is a key factor in bond decisions, as immigration judges must consider whether the person’s release would pose a threat to others.
Previous Immigration Violations:
Deportation History:
Immigrants who have a history of immigration violations, such as previous deportations, illegal re-entry into the U.S., or failure to comply with prior immigration orders, may be denied bond. This is because authorities may view these individuals as more likely to disregard legal processes and immigration requirements.
Overstaying Visas:
Immigrants who have overstayed their visas or violated other immigration laws may face bond denial due to their history of non-compliance with U.S. immigration regulations.
Ineligibility for Release Under the Law:
Statutory Ineligibility:
Certain individuals may be statutorily ineligible for bond under U.S. immigration law. For example, individuals subject to mandatory detention for specific immigration violations (e.g., certain criminal offenses, terrorism-related charges, or national security concerns) are not eligible for bond.
Lack of Ties to the Community:
No Stable Support System:
If the detained immigrant cannot demonstrate strong ties to the community, such as family, employment, or stable living arrangements, they may be viewed as more likely to abscond and thus may have their bond denied.
No U.S. Family or Legal Status:
Detained immigrants who lack family members or legal support in the U.S. may face bond denial if the court determines they lack the incentive to remain in the country while their case is pending.
Inadmissibility or Risk of Deportation:
High Likelihood of Deportation:
If the immigration judge believes the immigrant is unlikely to prevail in their immigration case or that they are at high risk of deportation, bond may be denied. This is particularly the case if the immigrant’s grounds for relief from deportation (such as asylum or cancellation of removal) are weak or not legally supported.
Failure to Meet Bond Amount:
Bond Amount Set Too High:
Sometimes, the court may grant bond but set the amount so high that the detained immigrant cannot afford to pay it. In such cases, the bond is effectively denied unless a lower amount can be negotiated or paid.
Example:
Ahmed, a detained immigrant from Syria, was facing deportation after overstaying his visa. He had been previously convicted of a minor drug-related offense and had a prior deportation order. During his bond hearing, the immigration judge denied his bond, citing his criminal history, prior immigration violations, and the risk of fleeing due to his lack of strong family ties in the U.S.
Conclusion:
Bond can be denied for various reasons, including flight risk, criminal history, public safety concerns, and previous immigration violations. Detained immigrants who are denied bond can appeal the decision or work with their attorney to present evidence that could improve their chances of receiving bond at a future hearing. It’s important for immigrants to understand the reasons behind a bond denial and the steps they can take to challenge it or improve their circumstances.
