When individuals are detained by U.S. Immigration and Customs Enforcement (ICE) in New Jersey, they may have the opportunity to request a bond hearing to seek release while their immigration case proceeds. Bond hearings are legal proceedings where an immigration judge decides whether a detainee can be released on bond and, if so, sets the bond amount. Understanding how immigration bond hearings work in New Jersey courts can help detainees and their families navigate the process effectively.
What Is an Immigration Bond?
An immigration bond is a financial guarantee that a detained non-citizen will appear at future immigration court proceedings. If the detainee is released on bond, they must comply with all court orders and attend scheduled hearings. Failure to appear can result in bond forfeiture and a removal order.
Eligibility for an Immigration Bond
Not all detained individuals are eligible for an immigration bond. In New Jersey, eligibility depends on several factors, including:
- Type of Detention: Some individuals are subject to mandatory detention, meaning they cannot request bond. This applies to those with certain criminal convictions or those deemed a threat to national security.
- Criminal History: Non-citizens with serious criminal records may be denied bond.
- Flight Risk and Danger to Community: The judge evaluates whether the detainee poses a flight risk or a danger to public safety.
Detainees in New Jersey detention facilities such as the Elizabeth Detention Center or Hudson County Correctional Facility may request bond hearings at local immigration courts, including the Newark Immigration Court and the Elizabeth Immigration Court.
Requesting a Bond Hearing
A detainee or their attorney can request a bond hearing by submitting a Motion for Bond Redetermination to the immigration court. The detainee does not need to wait for their removal case to be heard before requesting a bond hearing.
The Bond Hearing Process
- Scheduling the Hearing: Once the request is submitted, the immigration court schedules a bond hearing, typically within a few days to weeks.
- Presenting Evidence: During the hearing, both the detainee (or their attorney) and the government (ICE) present evidence. The detainee can provide:
- Proof of family ties in the U.S.
- Evidence of stable employment.
- Letters of support from community members.
- Documentation of good moral character.
- ICE may present evidence related to the detainee’s criminal history or perceived flight risk.
- Judge’s Decision: The immigration judge decides whether to grant bond and sets the bond amount. Bond amounts typically range from $1,500 to $25,000 or more, depending on the specifics of the case.
Paying the Immigration Bond
If bond is granted, it must be paid in full to secure the detainee’s release. The bond can be paid by a U.S. citizen or lawful permanent resident at an ICE Enforcement and Removal Operations (ERO) office. In New Jersey, payments are often made at the Newark ERO Office.
The detainee is released once the bond is paid and must continue attending all future immigration court hearings.
What Happens After Release?
After release on bond, the individual remains in removal proceedings and must:
- Attend all scheduled court hearings.
- Comply with court orders.
- Notify the court and ICE of any change in address.
Failure to comply can lead to bond forfeiture and a removal order.
Appealing a Bond Decision
If the judge denies bond or sets an unaffordable amount, the detainee can appeal the decision to the Board of Immigration Appeals (BIA) within 30 days. The BIA reviews the case and can uphold, reverse, or modify the judge’s bond decision.
Conclusion
Immigration bond hearings in New Jersey courts offer detained non-citizens an opportunity to seek release while their immigration cases are pending. Understanding eligibility requirements, presenting strong evidence, and following court procedures are crucial for a successful bond hearing. Working with an experienced immigration attorney can greatly improve the chances of securing bond and navigating the complex immigration court system.