Detention and Bond Hearings

Thousands of immigrants, whether in the United States lawfully or unlawfully, are detained every day for various reasons. Although such immigrants do not always have all the rights afforded detained U.S. citizens, they still have rights.

The U.S. Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE)  has the authority to arrest and detain aliens who may be removable from or inadmissible to the United States.  A detainee is entitled to a hearing before an immigration judge, but until such time, he/she may continue to be detained. Detainees are typically held in DHS processing facilities, but they are sometimes held at private or public detention facilities as well.

DHS has the authority to release certain detained foreign nationals on bond and can set the bond amount. However, detainees also have a right to request a bond hearing in which they can go before an immigration judge to request that bond be set.