An immigration arrest by ICE (U.S. Immigration and Customs Enforcement) can result in detention while removal proceedings are resolved. In some cases, a detained person may be released on an immigration bond, the amount of which is initially set by DHS (Department of Homeland Security). Separate systems exist for locating a detained person and for posting bond. The following describes how these mechanisms work, based on official ICE and EOIR materials.
How the System Works
Under federal law (INA § 236 / 8 U.S.C. § 1226), a noncitizen may be arrested and held in custody pending a removal determination on the basis of a warrant issued by the Attorney General. The law provides that authorities may continue detention, release the person on bond of no less than $1,500, or release on conditional parole. The law separately addresses mandatory detention for individuals who fall within certain offense categories.
Locating a detained person, determining a bond amount, and posting bond are distinct procedures, each with its own system. The broader topic is covered in the detention and enforcement section.
Bond and Bond Hearings
According to EOIR (Executive Office for Immigration Review, part of the Department of Justice) materials, DHS initially sets the bond amount. At a respondent's request, an immigration judge may hold a bond hearing and has the authority to redetermine the amount DHS set. Bond proceedings are separate from removal proceedings. EOIR charges no filing fee for a bond hearing request (EOIR Practice Manual, ch. 9.3).
Under EOIR regulations, an immigration judge generally has jurisdiction when the respondent is in DHS custody, or when the respondent has been released on bond and files a redetermination request within 7 days of release. Jurisdiction does not extend, among other situations, to respondents in exclusion proceedings, arriving aliens, or individuals who are not eligible for release on national security or certain criminal grounds (8 C.F.R. § 1003.19(h)(2)(i)).
At the hearing, the judge determines whether the respondent is eligible for bond and, if so, evaluates the risk to property or persons, the likelihood of appearance at future proceedings, and any threat to national security. Either party may appeal the judge's decision to the BIA (Board of Immigration Appeals); when the respondent appeals, the judge's decision remains in effect while the appeal is pending.
How Bond Is Posted (CeBONDS)
ICE describes CeBONDS as an Okta-secured web system that allows users to submit online requests to check bond information and to post cash immigration bonds. As of April 20, 2023, ICE has used CeBONDS to process payments and complete Form I-352, Immigration Bond. The system is available only to users located within the United States. U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations may use CeBONDS to post delivery bonds, voluntary departure bonds, or order of supervision bonds; noncitizens themselves may post a voluntary departure or order of supervision bond on their own behalf.
As ICE describes it, the person posting bond (the obligor) guarantees that the bond conditions will be met and, for a cash bond, pays the full amount. Payments are processed through Fedwire or ACH (Automated Clearing House). Bond review — including the contract and payment — generally takes approximately one to two hours, depending on the state, available resources, and case circumstances. Bond acceptance hours run from 9:00 a.m. to 3:00 p.m., Monday through Friday (excluding federal holidays), in the time zone of the detention facility. Requests received after those hours are generally completed the next business day.
According to ICE, release typically occurs by the end of the day after the bond is approved and Form I-352 is signed, though processing times on the facility side may vary. A bond remains in effect until ICE issues a cancellation notice (Form I-391); ICE cancels a delivery bond if, before any breach of conditions, it retakes the noncitizen into custody, removes the noncitizen from the United States, or the noncitizen dies.
How Do I Find Someone Detained by ICE?
ICE describes the Online Detainee Locator System (ODLS) as a public web system that allows family members, legal representatives, and others to locate individuals detained by ICE at any hour and in multiple languages. The system performs an exact-match search: users enter either the exact A-Number or the first and last name exactly as they appear in the detention record. According to ICE materials, if a person cannot be found through ODLS, the next step is to contact the relevant ICE ERO field office.
Who Appears in the Detainee Locator?
As ICE describes it, ODLS covers individuals currently in ICE custody or in CBP (Customs and Border Protection) custody for 48 hours or more. Children under 18 do not appear in the online system.
Can a Detained Person Be Released on Bond?
Under 8 U.S.C. § 1226, authorities may release an arrested individual on bond of no less than $1,500 or on conditional parole; however, mandatory detention applies to certain categories of individuals. According to EOIR materials, when a person is in DHS custody, an immigration judge generally has jurisdiction to hold a hearing to redetermine the bond amount, provided no grounds exist that would exclude such jurisdiction.
Where Are ICE Detainees Held?
Available materials describe that when a detained person is transferred, their location can be tracked through ODLS, and if the person cannot be located there, the relevant ICE ERO field office serves as the point of contact. Bond acceptance hours are determined by the time zone of the facility where the respondent is held. The available materials do not include a detailed account of how transfers between facilities are arranged.