A contested legal battle over who is eligible to request bond has reached a turning point.
Update: On March 6, 2026, the Ninth Circuit Court of Appeals temporarily suspended a decision by a District Court in Central California that had restored bond eligibility to thousands of detained immigrants who had entered the country without inspection.
This guide provides a general overview of what these changes mean for people being held in immigration detention who wish to submit a request for bond.
ICE, the DOJ and the courts
In July 2025, ICE issued a directive that blocked people who entered the U.S. without a valid visa from being considered for bond release. This ICE policy was backed up by a September 2025 decision from the Department of Justice’s Board of Immigration Appeals (BIA), which stripped immigration judges of their ability to consider bond requests from anyone who had entered the country without a visa or lawful inspection.
So, undocumented immigrants who had been in the country for decades would have to spend months or even years in detention centers – even if they had committed no other crime besides entering the country without inspection.
That changed for immigrants in most of the U.S. as a lawsuit brought by immigration advocates led a federal judge to overturn the BIA decision as of February 18, 2026. However, the Ninth Circuit Court of Appeals temporarily suspended the district court’s judge decision to overturn the BIA decision, which has left many detained immigrants and advocates in limbo.
What is a bond hearing?
A bond hearing is a legal proceeding before an immigration judge to determine whether a detained immigrant can be released while their removal case is pending.
If the judge grants bond, the immigrant or their sponsor can pay the amount so the detained individual can be released from detention.
There are two main ways for bond to be set:
- By ICE itself at the time of detention.
- By an immigration judge during a bond hearing, upon request.
Also Read: How Immigration Bonds Work
What’s the difference now?
Even before the July 2025 ICE directive and the September 2025 BIA decision, not everyone in immigration detention was eligible for bond. People who have committed certain crimes, who are apprehended at the border or at sea, or who re-entered the U.S. territory after a prior removal — among other conditions — are not eligible for a hearing.
The ICE directive and September BIA decision extended bond ineligibility to thousands of non-criminal immigrants, including:
- Asylum seekers and others seeking immigration relief who entered without inspection
- Longtime residents who entered without a visa or lawful admission
- Certain parolees
This policy shift made it more difficult for many detained immigrants to seek release, even if they have strong family ties, no criminal history, or a credible fear of returning to their home country.
With the most recent court decisions, some of those people are eligible to request a bond hearing again.
Also Read: ‘Is Bond Now Being Granted?’: Conflicting Orders Leave Detainees, Attorneys in Limbo
Can detained immigrants still apply for bond hearings?
It depends on where they are detained. While the ICE directive and BIA decision attempted to severely limit who was bond eligible, the recent court order has restored bond eligibility to those immigrants.
However, the most recent 9th Circuit decision limited the reach of the District Court’s decision to people who are detained in the Central District of California and entered without inspection. This means that people who are detained outside of the Central District of California and came into the U.S. without being inspected do not get to reap the benefits of the requesting bond under the new Maldonado-Baustista case. But this issue is still being worked out in the courts, and the rules may change.
ICE cannot keep a detainee from requesting for a bond hearing. A detainee who is legally eligible for bond may request a bond hearing without ICE’s permission.
You or your lawyer can make a written or oral request to the immigration judge. There is no filing fee for a bond hearing request, however, in the request you must include the following:
- Your full name
- Your Alien Registration Number (A-Number)
- The detention facility where you are being held
- Information about your ties to your community and the U.S., and lack of criminal record, or if you have had prior arrests or conviction and proof of rehabilitation.
Simply submitting a request does not guarantee that the judge will grant the bond. The judge will review the information submitted and determine whether you are eligible for bond.
What is the likelihood of getting bond?
According to Karla Marie Ostolaza, managing director at The Bronx Defenders, judges have a lot of control over how bond cases are decided, and outcomes can vary widely based on:
- The judge assigned to your case
- The court’s location or jurisdiction
- How the judge interprets your eligibility under the new directive
- The strength of your community ties and claim
- Whether or not you have a criminal record
This means that two people with nearly identical cases may receive very different results. One may be granted bond, the other denied, depending on these factors.
A note about the Fifth Circuit: Louisiana, Mississippi and Texas
Immigrants who are sent to detention centers in these states and request bond hearings there are still governed under the original BIA ruling that limits bond to those who entered the U.S. lawfully. Because there is a disagreement on this issue amongst different circuit courts, this issue could be decided by the Supreme Court, but it is not guaranteed they will take up this case.
Need bond assistance?
If you are detained in New York and unable to afford bond, Envision Freedom Fund may be able to cover the cost and help secure your release.
The organization also offers referral to post-release services like legal assistance, housing and employment that can ease the transition and help you stay free while your case proceeds.
Address: 81 Court Street, Brooklyn, NY 11201
Email: info@envisionfreedom.org
