02/25/2026
It is confusing and frightening when a family member is detained. Our system makes immigration bonds more confusing by using some of the same words and phrases as criminal court.
Totally understandable that folks think “well my family member isnt a criminal and they didn’t do anything serious, why shouldn’t they get immigration bond?”
It no longer works like that.
Immigration judges must assess whether the applicant is a flight risk, danger to person or property, or a security risk.
Typically, the strength of someone’s underlying case to stay is a core pillar of whether an immigration judge will consider them a flight risk. The question they are tasked with deciding is- given the strength of this person’s case are they likely to return to court or show up for deportation.
Unfortunately in this harsh environment, even folks with legal entries (“bUt tHeY dIDnt CrOsS the BoRdER”) ARE GETTING BOND DENIED if they otherwise have absolutely no viable option to “get papers here.”
So this means that even though your family member or friend is a great person, has paid taxes, and maybe has a kid or two here, if they’ve got zero options and nothing pending, wow an immigration bond is not likely these days.