BY | September 16, 2025

When the police arrest your loved one, the experience can be overwhelming for you, your loved one, and your family. Often, emotions run high, and the uncertainty of what will follow is an added stress. You can wonder how you will navigate the complicated legal system, including how to secure the release of your loved one. The situation can worsen if your loved one is not a U.S. citizen. Can immigrants get bail? Most people are not familiar with bail for non-citizens. The good news is that with immigration bail bonds, you can seek pre-trial release even if the arrestee is a non-citizen.

Before commencing the bail bond process, knowledge about your loved one’s immigration status is vital. You should understand how immigration status can affect your loved one’s ability to seek release from jail. Securing bail is different for everyone. For a non-citizen, immigration status will play a significant role in determining eligibility for pretrial release.

Understanding Immigration Bail Bonds

An immigration bail is similar to the bail granted to a citizen facing criminal charges. When your loved one is put in jail, you can post a set amount as bail to release them. This often happens during the legal process, on the condition that your loved one will show up for all court dates.

If a non-citizen is arrested by the Department of Homeland Security (DHS), you can post a set amount as bail. This serves as a commitment that your loved one will attend future hearings if he/she is released. The court can only grant this right if the arrestee is not a flight risk. Bail bondsmen offer immigration bail bonds for non-citizens.

Can Immigrants Get Bail?

A common question most people ask is: Can immigrants get bail? Immigration bail grants immigration detainees temporary release. It serves as a financial promise that your loved one will not flee the country, but will attend all the future court hearings. Understanding how bail for non-citizens works is important because the process can differ from that of natives. You can pursue an immigration bail if your loved one is arrested by the Immigration and Customs Enforcement (ICE). Depending on eligibility, the agency can grant or deny your loved one bail. You can apply for a bail hearing with an immigration judge if your loved one does not qualify. The law also allows you to request a bail hearing if you feel the bail amount is unreasonable.

The ICE will ask you to post bail for your loved one if they set it. By posting bail, you will promise that your loved one will comply with the bail conditions. Immigration bail bonds work like other bail granted to people who commit criminal offenses. The bail amount will be refunded if your loved one attends all court dates and adheres to the orders set by the ICE or the judge. The bail will be forfeited if your loved one fails to comply with all orders because a bail serves as a financial promise.

Not all non-citizen detainees qualify for bail. Aggravated felonies, a history of deportation, drug offenses, and other immigration problems can render your loved one ineligible. An arrestee can also be considered a danger to the U.S. or a flight risk, which can result in a denial of the bail application.

Types Of Immigration Bail Bonds

Also referred to as ICE Form I-352, an immigration bail is used to bail a non-citizen arrested by the ICE for any immigration issues. This bail guarantees that your loved one will stay in the U.S and show up for the scheduled court dates. The common immigration bail bonds include:

Voluntary Departure Bail Bond

An immigration judge can ask you to post a voluntary departure bail for your loved one if he/she accepts to leave the United States within a designated period at their own cost. Your loved one will not be forced from the country if this happens. The judge will also not schedule a removal hearing. You will be refunded the bail once your loved one leaves the country. The court will forfeit the bail amount if your loved one fails to leave the country within the designated time.

Delivery Bail Bonds

You can request that your loved one be released on a delivery bail bond if ICE arrests him/her. Usually, the immigration judge sets the bail amount based on the severity of the offense. The ICE will temporarily set your loved one free once you post the bail. This will happen on condition that your loved one attends all court hearings. The ICE can detain your loved one, and the bail for non-citizens could be forfeited if, for any reason, your loved one fails to attend the set court hearings.

You can seek the services of a skilled immigration attorney to sort out the problem once your loved one is released. It would be more convenient if you met with an immigration attorney outside the ICE detention facility. You can discuss the situation freely without holding any information.

The ICE must issue an arrest warrant and a jail conditions notice for the delivery bail bond to be granted. The judge must also consider specific requirements before granting bail.

Factors That Affect Eligibility For Immigration Bail Bonds

Can immigrants get bail? Yes, but a few actors determine their eligibility. The following factors can affect the eligibility of your loved one for bail for non-citizens:

Immigration Status And History

Your loved one can be released on bail if he/she has a valid visa or a green card. It is challenging for a person staying in the U.S illegally or who has been deported before to be released on bail.

The court will also look into the history of your loved one with immigration laws. Your loved one might be ineligible to be released on bail if he/she entered the U.S unlawfully or exceeded the period of stay without a valid reason. A person who has adhered to immigration rules previously, like applying for a visa extension promptly, can secure bail even if he/she does not have legal status. Your loved one can also be considered for bail if he/she lived in the U.S for an extended period. An arrestee who has lived in the United States for a significant period will be considered to have strong ties to the community and is less likely to leave while out on bail.

Community Ties And Flight Risk

Before granting bail, the court will also consider whether your loved one can flee the jurisdiction. Immigration officers will determine if the arrestee will skip court proceedings or fail to comply with the removal order. It will be hard for your loved one to be granted bail if the court establishes that he/she can try to avoid immigration authorities.

Several factors are considered when looking at the risk of an arrestee fleeing. If your loved one has avoided authorities before or missed immigration meetings, the chances of securing bail will be hurt. Your loved one will likely secure bail if he/she has a history of honoring immigration appointments and court hearings on time.

How connected the arrestee is to the community is also vital. A detainee is less likely to run away if he/she has strong ties to the community. Signs of strong ties include:

• Owning property

• A steady job

• Having family members with legal status

• Having stayed in the country for an extended period

The above signs show that a detainee cares about the community and is likely to comply with immigration laws. It is essential to have evidence of the above connections. The evidence your loved one can present includes:

• Testimony from community leaders

• Testimony from the employer

• Affidavits from relatives, and

• Documentation like property titles and housing contracts

The above evidence will be sufficient to prove a low flight risk.

Criminal Record And Public Safety

A criminal record can significantly affect the chances of your loved one securing an immigration bail. A detainee can be denied immigration bail if he/she has been guilty of severe offenses, especially crimes of moral turpitude. The judge and immigration officials will examine closely any criminal act on the arrestee’s record. They will look at the type of offense, the time it occurred, and how severe the crime was. Your loved one can be denied bail if guilty of violent crimes, sexual crimes, or involvement in drug dealing. The detainee can also be denied bail if the judge establishes that he/she has committed several offenses. The court might consider your loved one dangerous to the community.

The chances of an immigration detainee securing bail could still be ruined even if he/she was charged with an offense but not convicted. Your loved one can be considered a person who does not follow the law or is dangerous to the community. On the other hand, a detainee can be granted bail if he/she was previously guilty of minor and non-violent crimes. It will also be beneficial if the arrestee proves that he/she has transformed and is living a better life. Your loved one can balance out a criminal record using the following evidence:

• Evidence of a stable job

• Participating in community service

• Letters from people who speak well of them

Judicial Discretion In Determining Immigration Bail Bonds

An immigration judge plays a significant role in a bail hearing. Even if your loved one meets all the requirements, the judge’s view will determine the outcome. The judge will consider many factors before making a decision. However, the judges are also restricted, even if they have the freedom to make decisions. The judge’s decision is based on legal rules from previous cases and must follow specific rules.

Assessment Of Evidence And Credibility

During the bail hearing, the judge must evaluate the evidence and your trustworthiness while requesting bail for your loved one. You must provide the required documents and give a testimony that supports your request for bail for your loved one. Being truthful is crucial, and it comes from how genuine and consistent your testimony is. You can only convince the judge to grant your loved one bail if you speak clearly and with confidence. It is not only about having good evidence like job records and affidavits. The way you present your proof also matters.

Seeking the services of an experienced immigration attorney is vital. An attorney can put together the evidence to make it convincing to the judge.

Financial Factors In Bail Eligibility

Money plays a significant role when seeking bail for non-citizens. The judge will decide the bail amount by looking at your financial status and that of your loved one. You could be asked to seek the services of a bail bondsman if you do not have enough money to bail your loved one out of jail. The bail bondsman will demand a service fee, often a part of the total bail amount. A bail bondsman can also ask you to give something valuable as a guarantee or collateral.

The Importance Of Legal Representation

Immigration law is complex, with lots of steps and rules. It is vital to hire an attorney who understands immigration to guide you through the bail process and pursue the best outcome. An attorney will consider the chances of securing bail for your loved one and advise you on strengthening the case. Immigration attorneys are experienced in gathering crucial papers or obtaining testimonials from people who speak well about your loved one.

During a bail hearing, how your attorney argues the case is crucial. An experienced immigration attorney will present good points about your loved one. The attorney will also respond to any concerns the judge could have regarding the risk of the arrestee not attending court dates. An attorney will also gather evidence and help witnesses prepare for the bail hearing.

Find a Committed Bail Bondsman Near Me

If your loved one is in immigration detention, you could be wondering: can immigrants get bail? Bails for non-citizens are available, but some bail bondsmen do not offer them. You must choose a bail bondsman experienced in providing immigration bail bonds for the best outcome.

At Alana's Bail Bonds, we have dependable bail bondsmen who can bail your loved one from immigration detention within the shortest time possible. Contact us at 619-468-9333 to speak to one of our California bail bondsmen.