Updated on December 24, 2025

Immigration bonds allow certain individuals in ICE detention to be released while their immigration case moves forward. But it’s important to understand that not everyone is legally eligible for a bond. One of the biggest determining factors is whether the person entered the United States lawfully — including those who arrived with specific visa types.

Legal Entry Requirements for Bond Eligibility

Under current immigration law, individuals who made a lawful entry into the U.S. may be eligible for an immigration bond. A lawful entry means the person was admitted or paroled by an immigration officer at a port of entry.

This includes people who entered the U.S. with a valid visa, such as a tourist visa (B‑1/B‑2), student visa (F‑1), work visas (such as H‑1B or L‑1), fiancé visas (K‑1), or any other visa that allowed lawful admission.

Those who entered without inspection (EWI) — crossing the border without going through a checkpoint — are generally not eligible for a bond and instead fall into different removal procedures.

A Rule in Legal Limbo

It’s important to note that the rule limiting bond eligibility to those who had a lawful entry is currently in legal limbo. Various courts and policymakers are reviewing this issue, and future changes are possible depending on ongoing litigation and federal guidance. Anyone facing detention should get updated legal advice, as the rules may shift in the coming months.

Exceptions and Special Circumstances

Even without a lawful entry, some individuals may still seek protections such as asylum, withholding of removal, or protection under the Convention Against Torture. These protections do not make a person eligible for an immigration bond, but they may allow the case to move forward in other ways. In limited situations, ICE may grant discretionary parole, though this is uncommon and not the same as a bond.

What Judges Consider for Eligible Individuals

For individuals who entered the country lawfully, immigration judges evaluate several factors when deciding whether to grant a bond. These include family and community ties, employment history, lack of criminal history, and the likelihood of attending all future hearings. Bond amounts vary widely based on these factors.

How Legal Support Helps

Bond eligibility often depends on the manner of entry, the visa used, and the rapidly changing legal landscape. Strong legal representation is crucial to determine eligibility, prepare supporting evidence, and advocate for the lowest bond possible.

If you or a loved one needs clarity about immigration bond eligibility, our team at ATR Law Group is here to help. Visit https://www.atrlawgroup.com/ to learn more or contact us for guidance.