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When a family member is detained by Immigration and Customs Enforcement, every hour counts! The calls are frantic, the information is scarce, and the system seems like it is designed to be confusing. One of the first questions families ask is whether their loved one can get out on a bond, and if so, how. Understanding how immigration bonds work in Chicago can mean the difference between weeks in detention and going home.
What Is an Immigration Bond?
An immigration bond is a financial guarantee that a detained person will appear for all immigration hearings rather than flee.
An immigration bond serves a purpose similar to criminal bail by allowing release from custody while proceedings are pending, but it operates under a separate federal immigration law framework. Historically, the Department of Homeland Security may set the bond amount, and payment is made to ICE directly. However, at this time most Respondents are denied bond, so they must seek a motion for bond redetermination. Once the bond is paid, ICE usually releases the detainee on the condition that they attend every scheduled hearing before an immigration judge.
There are two primary types of immigration bonds. A delivery bond allows the detainee to be released and return home while their case proceeds. A voluntary departure bond is used when someone agrees to leave the country by a set date; once they prove departure, the bond is refunded.
Who Qualifies for an Immigration Bond?
Not everyone in ICE custody qualifies for a bond. Eligibility depends on criminal history, prior removal orders, and whether ICE considers the person a flight risk.
Federal immigration law authorizes ICE to arrest and detain certain noncitizens during removal proceedings, including under 8 U.S.C. § 1226. ICE makes an initial determination about whether to offer a bond and at what amount. People with certain criminal convictions, terrorism-related grounds of inadmissibility or removability, or other circumstances that trigger mandatory detention under federal immigration law may not be eligible for bond. Individuals with prior removal orders may also face significant barriers to bond eligibility depending on their procedural posture.
If ICE does set a bond, federal regulations generally establish a minimum bond amount of $1,500. Bonds routinely range from $1,500 to $25,000 or more, depending on the individual’s ties to the community, employment history, family situation, and any prior immigration violations.
If ICE denies bond or sets an amount the family cannot afford, an immigration attorney can request a bond redetermination hearing before an immigration judge. That hearing gives the detainee a formal opportunity to argue that they are not a flight risk and should be released at a lower amount.
Currently, those who entered without papers are often denied bond unless they go to Federal Court in a court proceeding known as a writ of habeas corpus.
Where Are Chicago-Area Detainees Held?
Most individuals detained by ICE in the Chicago area are held at facilities in nearby states, with hearings scheduled through the Chicago Immigration Court.
The Chicago ICE Field Office covers a wide geographic area. Detainees from the Chicago area may be held at facilities such as the Clay County Jail in Brazil, Indiana, or other detention facilities within ICE’s regional detention network in Michigan or Wisconsin.. Transfers happen quickly and without much notice, which makes having an attorney involved early in the process especially important.
Bond hearings for Chicago-area cases are handled through the Chicago Immigration Court. Case processing timelines can be long, which is another reason why securing release on bond, rather than waiting in detention, is so critical for families.
How to Pay an Immigration Bond
Once a bond is set, payment generally must be made in full to ICE using an approved payment method, such as a cashier’s check, certified check, money order, or electronic payment option authorized by ICE. ICE does not accept partial payments.
The person paying the bond is called the obligor. They generally must be a U.S. citizen or lawful permanent resident and provide acceptable identification and documentation required by ICE. An attorney or bond agent may act to post bond. The full bond amount is required upfront; there are no installment options through ICE directly.
Some families work with private companies that finance immigration bonds, functioning in a manner similar to bail bond services. These companies typically charge a ‘nonrefundable fee,’ often 15 to 20 percent of the total bond amount, in exchange for posting the bond on the family’s behalf.
If all bond conditions are satisfied, including compliance with required immigration proceedings and any surrender requirements, the bond is generally refunded to the obligor regardless of whether the immigration case ultimately results in relief or removal.
What Happens After Release?
Release on bond does not resolve an immigration case. The detainee must attend every scheduled hearing or face re-arrest and potential forfeiture of the bond.
Once a person is released on bond, their removal proceedings continue. They will have future hearings before an immigration judge, and the outcome of those hearings will determine whether they can remain in the United States. Failing to appear for a scheduled hearing can result in an in absentia removal order and may cause the bond to be forfeited.
This is why building a defense strategy before or immediately after release on bond is so important. Time is not on anyone’s side in immigration court, so preparing a strong case from the start gives families the best chance at a real outcome.
How the Law Office of Kevin Dixler Can Help
At the Law Office of Kevin Dixler, we understand how overwhelming this situation feels. Our team provides candid, straightforward guidance from the moment you call. We believe families deserve honest answers, not vague reassurances. We make ourselves accessible when it counts most.
We handle bond hearings before the Chicago and Indianapolis Immigration Courts, among others. We can help you understand every step of the process, from locating your loved one in the detention system to preparing for what comes after release. Our approach combines real immigration legal representation with the kind of direct communication that makes a difficult process more manageable.
If your family member is in ICE custody, do not wait. Call us at 312-728-4610 or contact us to speak with our team directly. The sooner we get involved, the more options we can put on the table.
Last updated: June 2026
