For families waiting anxiously for a loved one’s release from immigration custody, a bond grant from an immigration judge feels like a moment of hope. But in some cases, even after a judge approves bond, the Department of Homeland Security (DHS) refuses to release the person. This situation is far more common than many people realize, and it can be confusing, stressful, and deeply frustrating for families.

Why a Bond Grant Should Mean Release

When an immigration judge sets a bond amount, it means the court has already determined that the individual is not a danger to the community and is likely to attend future immigration hearings. Once the bond is posted, DHS—typically through Immigration and Customs Enforcement (ICE)—is expected to release the person.

In practice, however, DHS does not always comply immediately. Sometimes they delay release, add additional requirements, or claim that the person should never have been eligible for bond in the first place.

Common Reasons DHS Refuses or Delays Release

DHS Appeals the Judge’s Decision: If DHS disagrees with the bond ruling, they may reserve appeal or file an appeal with the Board of Immigration Appeals. While that appeal is pending, release can be delayed.

DHS Claims Mandatory Detention: In some cases, DHS argues that the person should have been held without bond due to certain criminal charges or immigration violations. Even when a judge disagrees, ICE may still refuse release unless further legal action is taken.

Administrative Delays: ICE may impose extra steps like background checks, medical clearances, or internal reviews. These delays are not always justified, but they are common.

Improper Refusal to Comply: In rare cases, DHS simply does not follow the judge’s lawful order in a timely manner. This often requires intervention from attorneys or federal courts.

What Families Can Do

Confirm Whether DHS Reserved Appeal: The first step is determining if DHS appealed the bond decision. If they didn’t, they are required to release the individual once the bond is posted.

File a Motion to Enforce the Bond Order: Attorneys can submit a formal motion demanding that DHS follow the court’s ruling.

Escalate Through the ERO Field Office: Each ICE office has supervisors who can intervene when a release is delayed.

Seek Relief in Federal Court: A habeas petition in U.S. District Court is a powerful tool when DHS refuses to release someone despite a valid bond order.

Request Assistance from Elected Officials: Congressional offices often help when federal agencies fail to act in a timely manner.

Why This Matters

Delays in bond release keep families separated and cause unnecessary hardship. Understanding the system—and knowing your options—can make a crucial difference. A granted bond should mean that a person regains their freedom while their immigration case continues. When that doesn’t happen, families have the right to push back.

If your loved one has been granted bond but DHS is refusing release, we’re here to help you understand the next steps and advocate for their immediate freedom. Our team is committed to standing with families through every stage of the immigration process.