During a deportation bond hearing in Chicago immigration court, an immigration judge will determine whether a person in immigration custody is eligible for release while their case continues. Generally, a judge may decide to allow a detainee to pay bond if they do not pose a danger to public safety and are not a flight risk or a threat to national security.
For guidance on the deportation bond hearing process, call Khalaf & Abuzir, LLC at 708-694-3859 to schedule a consultation with one of our Chicago deportation defense attorneys.
What to Expect During a Deportation Bond Hearing in Chicago
According to the latest data from the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) has deported nearly 200,000 people in recent months. However, the people ICE detains could ask for a deportation bond hearing that puts them before an immigration judge who can determine whether they are able to be released from detention by paying a certain amount of money. Subsequently, this route could help you avoid deportation.
The following are elements to expect during a deportation bond hearing in Chicago:
Initial Review
The first step will involve an initial review in which the immigration judge will confirm your immigration status and eligibility for a bond and subsequent release.
Presentation of Evidence
During this hearing, administrative and judicial review attorneys can present testimony and documentation proving your ties to your community, whether they are through family, residence, or employment, along with your criminal background and a possible defense against deportation.
Judge’s Questions
The deportation bond hearing process will likely also involve questions from the judge regarding your employment, criminal background, and family ties to assess overall risk to the community and flight risk, which could help with the immigration judge bond decision.
Objections from the DHS
Even if the judge decides to set and allow the payment of a bond, the DHS could object to this decision and request an even higher bond amount or no bond.
The Final Decision
Based on the judge’s assessment and any objections from the DHS, the immigration judge will make a final decision regarding the case.
A Written Order
If the judge grants you a bond, you will receive a written order with information disclosing the total amount of the bond.
Conversely, if the immigration judge decides not to grant bond, this will require the individual to remain in custody throughout their case in what is called mandatory detention.
Eligibility Requirements for Deportation Bond in Chicago
There are multiple eligibility requirements that could impact the judge’s decision to grant bond.
For example, you may be eligible if you do not have a history of serious criminal convictions. Also, you could receive a positive decision from the judge if you do not pose a threat to national security via sabotage, terrorism, espionage, or other acts.
Additionally, you must not have a previous deportation or removal order, and you will be ineligible for a bond hearing if you count as an “arriving alien” who did not gain lawful entry into the country.
How Immigration Judges Determine Bond Amounts
When making an immigration judge bond decision, several factors will come into play, including:
- Flight Risk: The likelihood that you will attempt to flee the country to avoid future hearings.
- Community Ties: Family connections, community involvement, employment, and residency.
- Public Safety and National Security: Whether the judge considers you a threat to national security or the public.
- Criminal History: Crimes of moral turpitude that could render a person unable to qualify for a bond.
- Eligibility for Relief: The person’s eligibility for relief from deportation, which might lead to a less costly bond.
Reach Out to a Deportation Defense Lawyer in Chicago
There are a lot of elements that go into deportation bond hearings, but these are among the immigration cases lawyers typically handle in this practice area.
Reliable Chicago deportation defense lawyers could help determine whether you are eligible for bond in a deportation bond hearing, or if you have other options to avoid removal and deportation. An attorney will also be able to provide you with representation throughout your case to help you navigate the process and mitigate the risk of deportation.
Immigration lawyers could also help with other aspects related to immigration law, including determining eligibility for immigrant and non-immigrant visas that could help you live and work in the country legally.
For help with a deportation hearing and other immigration matters, turn to the experienced attorneys at Khalaf & Abuzir, LLC, and contact us today to get started with an initial consultation.
FAQs
What Happens When a Detained Person Is Released From Immigration Detention on Bond?
In these instances, individuals who the U.S. government detains for immigration purposes could leave if they pay a bond. However, if they do not adhere to strict rules regarding bond, they may remain in detention.
Do Immigrants Have a Right to Release on Bond in Immigration Courts?
Bonds will only apply to some people in immigration custody. Others will need to remain in mandatory detention until their case closes. For instance, someone with previous criminal convictions may not be able to pay the bond for release.
Who Determines Whether Someone Gets a Bond and the Amount of the Bond?
In most cases, ICE officers determine whether someone is eligible for bond or if they will face mandatory detention. Form I-286, which ICE officers will issue, determines whether the detainee gets bond and, if so, details the bond amount. If a bond isn’t present or the amount is high, you may request a bond hearing in Chicago immigration court.
