Immigration bond doesn’t have to be a mystery. Knowing the key terms, what a judge evaluates about it, and the step-by-step to claim bail could help you live this process stress-free.
In 2025, the average bail went from 6500 USD (January) to 3500 USD (June), the lowest level since 2007, making it easier to get out on bail.
At the same time, the workload in court helps to understand why many families seek to “get out on bond”: at the close of FY2024 (Fiscal Year 2024, fiscal year 2024), EOIR recorded 850,720 defensive asylum applications filed and 1.5 million pending, which puts pressure on calendars and makes it key to manage times and documents well.
At Lorenzo Law Group / Immigration Lawyers, we will explain every step of the way about the immigration bond, from the bond hearing to claiming your refund.
Getting Out on Immigration Bond, How Does It Work, and What Is Bond?
An immigration bond is a deposit of money that allows a person detained by ICE (Immigration and Customs Enforcement) to be released on immigration bond (parole) while their immigration process continues.
Legally, the basis is in INA § 236(a) (Immigration and Nationality Act 236a, Immigration and Nationality Act, section 236a): the government can keep the person detained or release him or her on a bond of at least 1500 USD and with conditions to secure his future appearance.
In practice, the bond is documented with the ICE Form I-352 (Immigration Bond), which is the contract between the government and the payer.
That bond remains in effect until ICE issues the Notice of Cancellation of Bond (Form I-391); when it is successfully canceled, ICE refunds the cash deposit with applicable interest to the payer.
What is it for?
- It allows you to wait for the process in freedom, work on your defense, and comply with court dates and reports, without closing your case.
- If you miss hearings or warrants, ICE may declare your bond “defaulted” (Form I-323) and you will lose your money.
- Mandate clear responsibilities: The I-352 contract sets conditions (e.g., reporting when required).
The judge can review ICE’s initial custody decision and re-set bail if you ask for it; that review is provided for in regulation 8 C.F.R. § 1003.19 (Code of Regulations). - Define forms of cancellation according to the type of deposit. ICE cancels the bond with Form I-391 when the conditions are met (for example, if the person is removed by ICE, removed from the country, dies, or complies with a voluntary departure within the deadline).
The immigration bond works as a guarantee for the person to fulfill their legal obligations while facing their process.
Understanding how it operates and what its conditions are is essential so as not to put your freedom or the money deposited at risk.
How is the bond paid and what do I need to have to claim an immigration bond?
Today, ICE allows you to pay immigration bond online through CeBONDS. This electronic system makes it easy to verify eligibility, make the payment (via the Federal Reserve), and send notifications to the debtor.
If you don’t want to use the online system, you can also arrange payment at an ERO office.
In any case, always keep your I-352 contract and the original I-305 receipt, as they are essential to know how to recover an immigration bond at the end of the process.
What happens at the end of the case?
When ICE cancels the bond, it sends Form I-391 to the debtor’s home. To claim the refund, you must send the I-391 along with the I-305 (or, if you lost the I-305, a notarized I-395 as a substitute) to the DMC.
This procedure is processed at the DMC’s office in Williston, Vermont. The I-352 contract lays out the rules, and once ICE issues the I-391, you can claim bail and get your money back (with interest) as long as you keep the receipts, especially the I-305.
Remember: saving these documents and knowing the process is the best way to avoid unnecessary delays or losses.
Who sets the immigration bond and when can I ask for a hearing?
Before we talk about amounts or refunds, it is important to understand who decides immigration bond and how to ask for that decision to be reviewed.
In this section, we summarize the typical journey in two steps: ICE’s initial decision and the determination again before a judge.
- First decision: Typically made by an ICE officer when detaining the person (custody under INA § 236(a)). That decision can be reviewed by an immigration judge at a bond hearing.
- Right to redetermination: you can request it orally or in writing; The judge can lower, maintain, raise or deny the bail depending on the dangerousness and flight risk.
There are categories without bail for mandatory detention (e.g., certain criminal records under section § 1226(c)) of the Immigration and Nationality Act.
If you are not in mandatory detention (§ 1226(c)), ask for redetermination and prepare evidence of arraignment and non-dangerousness (domicile, employment, family, references).
That preparation can make the difference between an unattainable bond and a release on immigration bond.
How much is the immigration bond in 2025?
Before you pull out your wallet, it’s worth clarifying how variable immigration bond can be: the law sets a minimum, but the actual amount depends on the risk, the seat of the court, and the burden on the system.
- Statutory minimum: Federal law (INA § 236(a)(2)) allows release on bail of at least $1500. There is no legal limit.
- Practical range: According to data and public guides, it is common to see bonds ranging from 1500 USD and frequently around 4000 USD; they can rise much higher in cases of higher risk.
- Recent average: In June 2025, median bail bonds dropped to $3500 nationally (up from $6500 in January 2025), according to TRAC.
- According to the court: there have been large differences by venue (historically, median from 5000 USD to 15,000 USD depending on the court).
Where there is less representation, it is often more difficult to obtain reductions, but it can help to have an experienced attorney to walk you through the entire process, from the bond hearing to managing your refund.
What are the types of bail and which one is used the most?
The type of deposit determines conditions, obligations, and how it is paid to get your money back.
When it comes to immigration proceedings, ICE can issue different types of notices or decisions depending on the immigrant’s situation. Some of the most common are:
- Delivery
- ICE can issue a notice of service for the person to voluntarily appear before immigration authorities or receive official documents.
- It is basically how ICE formally communicates an action or subpoena.
- Voluntary Departure
- It refers to when the immigrant agrees to leave the country on their own rather than face formal deportation proceedings.
- The advantage is that it avoids a deportation order on record, but it requires strict adherence to the established deadlines.
- Order of Supervision
- It is an order that imposes specific obligations on the immigrant, such as periodically reporting to ICE, while their deportation or departure case is being managed.
- It does not involve immediate detention, but it does involve ongoing supervision by ICE.
In 2023, 91% of the 20,494 bonds issued by ICE were surrender, 9% voluntary departure, and less than 1% supervision.
This makes it easier to cancel with the I-391 and brings you closer to getting your bail back without any hiccups.
What if I can’t pay for everything? (help paying immigration bond)
Before choosing how to pay an immigration bond, compare three things: total cost, ability to get your money back, and speed to get out on bond.
Here are the three most common ways and in which scenarios they are usually convenient.
1. Pay in cash (cash bond): 100% is deposited; if everything is met, it is repaid (plus applicable interest). Advantage: you get the total back at the end.
2. Immigration Bond Loan / Surety Bond Company: A company pays the bond and charges you a non-refundable premium (commonly 15% of the amount) and usually asks for collateral (house/car/cash).
Useful if you can’t deposit 100%, but that bonus doesn’t come back.
3. Community funds: in some cities there are bail funds that help vulnerable families.
If you have liquidity, the cash bond maximizes the repayment; if not, the bail bond company can speed up the exit, but its premium is not returned and it can demand collateral; if you meet the criteria, the community funds reduce the initial cost.
Read the entire contract, keep your receipts (I-352/I-305) and confirm the I-391 cancellation to claim the deposit without setbacks. If in doubt, ask for legal guidance before signing.
Why Do You Need an Immigration Attorney for Your Immigration Bond?
Because bail is not just “pay and go,” it is a hearing, a contract, and a refund that depend on legal decisions and fine paperwork.
An experienced immigration bond attorney helps you:
- Know if you are eligible to be released on immigration bond (mandatory vs. discretionary detention) and ask for a determination again before the judge when appropriate.
- Prepare your bond hearing with a strong evidentiary package (arraigo, employment, family, references, housing and transportation plan), a clear testimony script, and strategic responses to DHS objections (dangerousness and flight risk).
- Reduce the amount by proposing reasonable terms (e.g., reports, Intensive Supervision Appearance Program) and by anticipating what the court values, so that the judge sees realistic compliance.
- Choose the right payment route: cash bond (and what to keep to claim an immigration bond), bond company/immigration bond loan (costs, collateral), or community funds if you qualify.
- Avoid administrative errors that cost money: correct use of CeBONDS, who should be listed as a debtor, handling the I-352, custody of the I-305, when to use I-395, and follow-up with the Debt Management Center if your refund is delayed.
- Appeal or re-ask for a review if bail is denied or excessive, and coordinate interstate payments with the appropriate ERO office to expedite release.
Bottom line: With legal support from an experienced attorney, you increase the likelihood of getting an achievable bond, getting out on bail without a hitch, and getting your money back in the end.
Regain Your Peace of Mind with Immigration Bond
An immigration bond is more than a deposit: it represents the opportunity to wait for your process in freedom and the guarantee that, if you meet your obligations, you will be able to get your money back.
Knowing every step — from the initial hearing to the final refund — helps you avoid delays, unnecessary losses, and make more confident decisions.
At Lorenzo Law Group, we accompany you throughout the process of your immigration bond, from application to recovery of the refund. Contact us today and receive a free consultation to protect your investment and freedom.
