Family Member Detained by ICE in the U.S.: What to Do and Bond (2026)

Independently fact-checkedBy Recording Law Editorial TeamPublished September 26, 202624 min read

Independently fact-checked against primary sources (last audited September 26, 2026). · 44 primary sources cited on this page. How we verify our legal content

Family Member Detained by ICE in the U.S.: What to Do and Bond (2026)

Key Takeaways

1To find a detained family member, use the ICE Online Detainee Locator System (locator.ice.gov) with their A-Number and country of birth, or with their first name, last name and country of birth. People under 18 do not appear in the locator.
2Locator information can be up to eight hours old. Call the detention facility before visiting; adult visitors need government-issued photo identification.
3The law allows immigration bonds of at least $1,500 for many detained people (8 U.S.C. § 1226(a)), but it requires the detention of others, for example because of certain crimes. The Laken Riley Act of January 2025 added to that list.
4In Matter of Yajure Hurtado (September 2025), the Board of Immigration Appeals held that immigration judges cannot grant bond to people who are in the country without having been admitted. As of September 25, 2026, nine federal courts of appeals (the First, Second, Third, Fourth, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits) have rejected that reading and two (the Fifth and Eighth) have accepted it. The Supreme Court has not decided the issue.
5Bonds are paid to ICE through its online CeBONDS system by bank transfer (Fedwire or ACH), or case by case at an ICE office. U.S. citizens, lawful permanent residents, law firms and nonprofits can post them. None of those official routes involves paying someone who calls you on the phone.
6The government does not appoint a free lawyer in immigration court (8 U.S.C. § 1362). The immigration court system (EOIR) publishes a list of free legal service providers and a roster of recognized organizations and accredited representatives.
7If your family member is a foreign national, the authorities must tell them without delay of their right to have their consulate notified, and the consulate may visit them and help arrange legal representation (Vienna Convention on Consular Relations, Article 36).

As of September 2026, if ICE has detained a member of your family in the United States, the first steps are to find them with the ICE Online Detainee Locator System and to get legitimate legal help as early as possible. Federal law lets many detained people be released on an immigration bond of at least $1,500 (8 U.S.C. § 1226(a)), but others are held under mandatory detention. Since 2025 the Board of Immigration Appeals has taken the position that immigration judges cannot grant bond to people who are in the country without having been admitted, and the federal courts are divided over that rule.

This guide explains how to find your family member, how to stay in contact, how bond works, how to pay it safely and where to find free legal help. It cannot tell you what will happen in a particular case: that depends on each person's facts and, in 2026, also on the state where they are detained.

This page covers U.S. federal immigration law and the rules of ICE and the immigration courts (EOIR) for people held in ICE detention. It does not cover criminal arrests by local police or the laws of other countries. It is general information and does not replace advice from a lawyer or an accredited representative. It is part of our immigrant rights guides.

What to do in the first hours

These steps do not depend on your family member's immigration status. Take them in whatever order you can.

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Gather your family member's details. Full name as it appears on their documents, date of birth, country of birth and, if you have it, their A-Number (the nine-digit alien registration number). According to ICE, the A-Number appears in the top right corner of the Notice to Appear (Form I-862).
Look them up in the ICE locator and, if they appear, call the detention facility to check that they are there.
Find legitimate legal help through the immigration court's list of free legal service providers or EOIR's roster of accredited representatives. Do not pay a "notario" or a "consultant."
If there are minor children, put the family's care plan into action (see the section on children below).
Be wary of any call asking for money to release your family member. Bond is paid to ICE through its official channels, explained below.

If you have no immigration status yourself, weigh the practical risks before going in person to an ICE office or a detention facility; the sections on visits and bond explain what identification is required. If ICE comes to your own home, read what to do if ICE comes to your door.

How to find your family member: the ICE locator

ICE runs the Online Detainee Locator System (ODLS). According to the ICE fact sheet, it is available 24 hours a day, seven days a week, in English, Spanish and seven other languages.

The official locator brochure explains that you can search in two ways:

By A-Number and country of birth. ICE says this is the best way to search. The A-Number has nine digits and may begin with zeros.
By first name, last name and country of birth. If several people with the same name appear, look at the year of birth shown in the results.

The system looks for exact matches. According to the brochure, a search for "Robert Smith" will not return "Robert Smyth" or "Bob Smith." If you do not find your relative, try variations of the name, for example with one or both surnames, or with and without accents.

If they do not appear in the locator

Not appearing does not mean your family member is not detained. The ICE brochure says that safety, security and agency discretion keep some people out of the system; for example, people under 18 do not appear. Some people also do not appear right away, depending on processing time.

In that case, ICE says to contact the appropriate Enforcement and Removal Operations (ERO) field office.

If they appear

The locator shows the name of the detention facility, how to contact or visit it, and the ERO office handling the case. ICE warns that the information can be up to eight hours old, so call the facility to check that your family member is still there before you travel.

Write down the A-Number shown in the result. You will need it to look up the immigration court case, for the bond and for the lawyer.

How to stay in contact with your family member in detention

According to ICE, every facility that holds people in ICE detention must follow one of several sets of detention standards, including the 2025 and 2026 National Detention Standards and the 2011 Performance-Based National Detention Standards (PBNDS 2011). The exact rules vary by facility. Look up the facility in the ICE detention facility locator. Facility pages include sections on contacting a detainee, visiting hours and sending items. For example, the page for the Clinton County Jail in New York says that detainees there cannot receive incoming calls, that for an urgent message you must call the facility and leave the person's full name and A-Number along with your name and phone number, and that friends and family visits are one hour, twice a week, on a fixed schedule.

As an example, here is what the PBNDS 2011 standards (revised in 2016) say for facilities that apply them.

Phone calls

PBNDS 2011 Standard 5.6 says detainees must be able to make free calls to ICE's list of free legal service providers to obtain legal representation, to consular officials, to the DHS Office of Inspector General and to the ICE Office of Professional Responsibility. The standard also requires full telephone access to reach immediate family in personal or family emergencies, or when the detainee otherwise shows a compelling need, which the standard says is "to be interpreted liberally."

Other points in that standard:

The facility must allow those calls within 24 hours of the request and ordinarily within eight facility "waking hours."
A detainee is ordinarily considered indigent with less than $15.00 in their account for ten days. Indigent detainees who are representing themselves may make free calls, as needed, to family or others assisting with their immigration case.
Absent a court order, staff may not monitor calls about legal matters.
The facility must take and deliver telephone messages to detainees as promptly as possible. If you call the facility with an emergency, staff must take your name and number and give them promptly to your family member so they can return the call.

Other personal calls are generally collect or prepaid, paid for by the detainee or the person receiving the call. Keep in mind that non-legal calls may be monitored.

Visits

PBNDS 2011 Standard 5.7 encourages facilities to let detainees keep ties with family and friends. Generally, visits should last as long as practicable and not less than one hour, with special consideration for family circumstances and for people who have traveled long distances.

Before you go, keep these rules from the standard in mind:

No adult visitor may be admitted without government-issued photo identification.
All visitors go through identification and a personal search, and the facility may run random criminal background and warrant checks.
Minors must stay under the direct supervision of an adult visitor. If a facility does not allow visits by minors, ICE must arrange, on request, a visit by the detainee's children, stepchildren or foster children within the first 30 days.
Visits from lawyers and legal representatives are confidential and are not subject to auditory supervision by staff.

If you are worried about your own immigration status, talk to a lawyer or a legal aid organization before going in person. The rules on phones and cameras inside facilities are covered in our guide to recording ICE during raids and detentions.

Immigration bond: who can be released and who cannot

An immigration bond is money someone deposits with ICE as a guarantee that the released person will meet their obligations, such as reporting to ICE whenever required. According to ICE, the amount is set by the Department of Homeland Security (DHS) or the immigration court (EOIR).

The general rule: 8 U.S.C. § 1226(a)

Under 8 U.S.C. § 1226(a), while it is decided whether a person will be removed, the government may keep them detained or release them on a bond of at least $1,500, or on conditional parole. This does not apply to people held under the mandatory detention provisions of subsection (c).

The regulation at 8 CFR 1236.1(c)(8) says an ICE officer may release the person if they show that release would not pose a danger to persons or property and that they are likely to appear for future proceedings. If ICE sets a bond the family cannot pay, or denies bond, the person can ask an immigration judge to review that decision before their removal order becomes final (8 CFR 1236.1(d)(1)).

How to ask an immigration judge for a bond hearing

Under 8 CFR 1003.19:

The detained person, or their lawyer or representative, can ask orally, in writing or, at the judge's discretion, by telephone.
The request goes to the immigration court with jurisdiction over the place of detention.
The bond hearing is separate from the removal hearing and forms no part of it.
After the first decision, a new request must be in writing and is considered only if circumstances have changed materially.
The judge's decision can be appealed to the Board of Immigration Appeals (BIA).

If ICE had denied release or set a bond of $10,000 or more, a judge's order authorizing release is automatically stayed if DHS files a notice of intent to appeal (Form EOIR-43) within one business day (8 CFR 1003.19(i)(2)).

At the hearing, the detained person ordinarily has the burden of showing they merit release on bond. In Matter of Dobrotvorskii, 29 I&N Dec. 211 (BIA 2025), the Board said that the existence of a "valid, reliable, and credible sponsor" is relevant to flight risk. In that case, the record lacked any statement from the sponsor expressing willingness to support the person. A lawyer can tell you what evidence to prepare.

Who cannot get bond from an immigration judge

Statutes or regulations keep immigration judges from granting bond to several groups. Among them:

People held under mandatory detention for certain criminal or security grounds, listed in 8 U.S.C. § 1226(c)(1). That link is the 2024 edition of the Code, which does not yet show the category the Laken Riley Act added in 2025 (described next). The regulation at 8 CFR 1003.19(h)(2) says the judge cannot review their custody, although the person can ask the judge to decide whether they are properly included in that group.
People charged with or arrested for certain crimes, under the Laken Riley Act. Public Law 119-1, signed January 29, 2025, added to mandatory detention people who are inadmissible for being in the country without having been admitted or paroled, for fraud or misrepresentation, or for lacking entry documents, and who are charged with, arrested for or convicted of burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person, or who admit committing such acts. A conviction is not required.
Arriving aliens, including people paroled after arrival (8 CFR 1003.19(h)(2)(i)(B)). "Arriving alien" is a defined term: it means a person coming or trying to come into the United States at a port of entry, or a person intercepted at sea and brought into the country (8 CFR 1001.1(q)). It does not describe everyone who arrived in the country at some point.
People with a final removal order. In Matter of W-F-D-, 29 I&N Dec. 854 (BIA 2026), decided August 25, 2026, the Board held that immigration judges generally lack jurisdiction to redetermine custody once a removal order is administratively final.

Not everyone goes to immigration court

Some detained people never get a hearing before an immigration judge. Under 8 U.S.C. § 1225(b)(1)(A)(i), in expedited removal the officer orders removal "without further hearing or review" unless the person indicates an intention to apply for asylum or a fear of persecution. Expedited removal applies only to people found inadmissible for fraud or misrepresentation or for lacking valid entry documents. It covers people arriving in the United States and, where the government has designated it, people who have not been admitted or paroled and who have not shown an immigration officer that they have been physically present in the United States continuously for the two years before that determination (8 U.S.C. § 1225(b)(1)(A)(i) and (iii)). That is why documents showing how long your family member has lived in the country can matter, and why a lawyer should find out early what kind of process your family member is in.

The 2025 and 2026 changes to bond

This is the part that has changed most and that depends most on where the person is detained. A lawyer should review your family member's situation under the law in effect at that moment.

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The Board of Immigration Appeals' position

The statute treats anyone present in the United States who has not been admitted as an "applicant for admission" (8 U.S.C. § 1225(a)(1)). Under 8 U.S.C. § 1225(b)(2)(A), if the examining officer determines that an applicant for admission who is seeking admission is not clearly and beyond a doubt entitled to be admitted, that person "shall be detained" for their proceeding.

In Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), decided May 15, 2025, the Board held that a person arrested without a warrant while arriving in the United States, whether or not at a port of entry, is detained under § 1225(b) and is ineligible for bond under § 1226(a).
In Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), decided September 5, 2025, the Board went further: based on the text of § 1225(b)(2)(A), immigration judges lack authority to hear bond requests or to grant bond to people present in the United States without admission. The person in that case had crossed the border without inspection in 2022.

Board decisions bind immigration judges (8 CFR 1003.1(g)). As a result, immigration judges have denied bond for lack of jurisdiction to people who had lived in the country for years, like the petitioners in the Sixth Circuit case described below.

What the federal courts have said

Many detained people have filed habeas corpus petitions in federal district courts to challenge that detention; according to the Eleventh Circuit, hundreds of district courts have weighed in. The federal courts of appeals disagree. As of September 25, 2026, nine of them have rejected the Board's reading and two have accepted it (the states in each circuit are listed in 28 U.S.C. § 41):

Court	Decision	What it held
First Circuit (Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico)	Guerrero Orellana v. Moniz, August 13, 2026	Held that the detention of a man who entered without inspection about 13 years earlier, and of his fellow class members, is governed by § 1226(a), not § 1225(b)(2)(A), and affirmed the order to release him or give him a bond hearing.
Second Circuit (Connecticut, New York, Vermont)	Barbosa da Cunha v. Freden, April 28, 2026	Held that § 1225(b)(2)(A) does not apply to people who entered without inspection and were not apprehended at or near the border at the time of entry, and that the petitioner's detention is governed by § 1226(a). On September 25, 2026, the court denied rehearing en banc.
Third Circuit (Delaware, New Jersey, Pennsylvania, Virgin Islands)	Buele Morocho v. Warden Philadelphia FDC, August 28, 2026	Held that detaining two men who had entered without inspection years earlier, without bond hearings, violated the Immigration and Nationality Act and due process, and affirmed the orders to release them.
Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, West Virginia)	Lopez Garcia v. Guadian and Rivera v. Guadian, September 10, 2026	Held that the statute and its regulations require that noncitizens like the two petitioners, who entered without inspection, be given a bond hearing and be eligible for release while their removal cases are pending.
Sixth Circuit (Kentucky, Michigan, Ohio, Tennessee)	Lopez-Campos v. Raycraft, May 11, 2026	Affirmed district court rulings that the government had not lawfully detained the petitioners under § 1225(b)(2)(A) and that their detention without a bond hearing violated Fifth Amendment due process.
Seventh Circuit (Illinois, Indiana, Wisconsin)	Rojas v. Olson, July 30, 2026	Held that people present without admission who are not "seeking admission" fall under § 1226, not § 1225(b)(2)(A), and are eligible for bond hearings subject to the law's other requirements.
Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and Guam)	Rodriguez Vazquez v. Bostock, July 30, 2026	Held, in a class case of detainees in Western Washington, that people present without admission who are arrested in the interior are not subject to mandatory detention under § 1225(b)(2)(A).
Tenth Circuit (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming)	Santillan Quiroz v. Mullin, June 30, 2026	Held that § 1225(b)(2)(A) is limited to the border, and reversed a ruling that a man who had lived in the country since 2006 was not eligible for release or a bond hearing.
Eleventh Circuit (Alabama, Florida, Georgia)	Hernandez Alvarez v. Warden, May 6, 2026	Held that § 1225(b)(2)(A) limits no-bond detention to applicants for admission who are "seeking admission," and affirmed that the petitioners were eligible for bond under § 1226.
Fifth Circuit (Louisiana, Mississippi, Texas)	Buenrostro-Mendez v. Bondi, February 6, 2026	Accepted the government's reading: concluded that "the government's position is correct" and reversed district court orders requiring bond hearings or release. Rehearing was denied on April 9, 2026.
Eighth Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota)	Avila v. Bondi, March 25, 2026	Accepted the government's reading: held that the district court erred in ruling that the government could not detain the petitioner without bond under § 1225(b)(2)(A), and reversed.

So the circuit where your family member is detained matters: the federal district courts in each circuit are bound by that circuit's decisions. These decisions can change, for example if the Supreme Court takes up the question, and a lawyer can tell you how they apply to your relative's case.

The Supreme Court

As of September 25, 2026, the Supreme Court has not decided the question. The government has asked it to review the Sixth Circuit case, presenting the questions whether § 1225(b)(2)(A) mandates detention of people present without having been admitted and whether detaining them without a bond hearing comports with due process (Solicitor General's petition). According to the Court's dockets for Nos. 25-1415, 26-43 and 26-104, that petition and two related petitions from Fifth and Second Circuit cases are distributed for the Court's September 28, 2026 conference. This may change soon.

What this means for a family: whether a bond hearing is available can depend on how your relative entered the country, whether they have a criminal record and the state where they are detained. No one can promise you an outcome. A lawyer or legal aid organization can tell you whether it makes sense to request bond from the immigration judge, to file a habeas corpus petition in federal court, or both.

How to pay an immigration bond: CeBONDS

If ICE or a judge has set a bond, it is paid to ICE. According to ICE's official bond page:

System: ICE uses its online CeBONDS system to take payments and execute the bond contract (Form I-352). The CeBONDS landing page is in English and Spanish, and the system is only available to users within the United States.
Who can pay: U.S. citizens, lawful permanent residents, law firms and nonprofit organizations. The noncitizen can also post a voluntary departure bond or an order of supervision bond on their own behalf.
Payment method: bank transfer by Fedwire or ACH. A cash bond obligor must deposit the full amount.
Payer documents: a U.S. citizen can present, for example, a U.S. passport, a U.S. birth certificate, a naturalization certificate, or a state driver's license or ID card, but only a REAL ID card. A lawful permanent resident presents a green card or a military ID.
Hours: Monday through Friday, 9 a.m. to 3 p.m., in the time zone where the person is detained, excluding government holidays. Review typically takes about 1 to 2 hours. ICE says detainees will typically be released "by the end of the day" after the bond is approved and the contract is signed, although each facility's processing times vary.
In person: ICE says it works case by case with people who want to pay at an ICE office, but even then the payer needs access to banking services.
No bank account: ICE says you can use a certified immigration bond company or a community organization that helps with bonds.

What you are agreeing to

The person who posts the bond (the obligor) signs a contract with ICE. With a delivery bond, the obligor must have the released person report at the place, date and time ICE specifies each time ICE issues a notice (Form I-340). If ICE finds that the obligor failed to substantially perform, it declares the bond breached (Form I-323) and the deposit is forfeited, although ICE refunds the accrued interest. ICE warns that even showing up one day late can, depending on the circumstances, count as a breach.

The bond stays in effect until ICE issues a cancellation notice (Form I-391). For a delivery bond, ICE cancels it, for example, if ICE takes the person back into custody, removes them or the person dies. For questions about refunds on a cancelled bond, ICE lists BondRefund.HelpDesk@ice.dhs.gov and 877-491-6521, option 1.

Beware of bond scams

According to ICE, bonds are paid by Fedwire or ACH transfer through CeBONDS or, case by case, at an ICE office. None of those routes involves paying someone who calls you. If someone calls telling you to pay your family member's bond some other way, hang up and contact ICE or your relative's lawyer at an official number. Our guide to phone scams targeting Spanish speakers explains how to recognize and report these calls.

Free legal help and how to avoid fraud

In immigration court, your family member has the right to a lawyer but not to one paid for by the government. Federal law, 8 U.S.C. § 1362, gives the person the privilege of being represented "at no expense to the Government" by authorized counsel of their choice.

These are the official places to look for help:

EOIR List of Pro Bono Legal Service Providers. It includes nonprofits and attorneys who have committed to at least 50 hours a year of free services before the immigration court where they are listed. It is published quarterly. EOIR states that it does not endorse any of them.
Recognized organizations and accredited representatives. EOIR publishes these rosters, including one organized by state.
Automated Case Information System (ACIS), also in Spanish. With the A-Number and nationality, it shows basic status information for certain cases before the immigration courts and the Board of Immigration Appeals. ACIS does not show bond hearing information; for that, EOIR says to contact the local court. The ICE page for the Clinton County Jail cited above also gives 1-800-898-7180 for information about matters before the immigration court.

Under PBNDS 2011, the detained person can call providers on ICE's list for free to seek representation. If you hire someone, make sure they are a licensed attorney or an accredited representative. Our guide to notario fraud and finding legitimate legal help explains how to check and what red flags to look for.

Your family member's consulate

If your family member is not a U.S. citizen, their consulate may be able to help. Article 36 of the Vienna Convention on Consular Relations says that, if the detained person so requests, the authorities must inform their consulate "without delay," and must inform the person "without delay" of that right. Consular officers have the right to visit the person, to converse and correspond with them and to arrange their legal representation. Consular officers must refrain from acting if the person expressly opposes it.

The federal regulation at 8 CFR 1236.1(e) says every detained person must be told they may communicate with the consular or diplomatic officers of their country. For nationals of certain countries listed in that regulation, notifying the consulate is mandatory even if the person does not ask. The same regulation says that, when notifying the consulate, officers must not reveal that the person has applied for asylum or withholding of removal.

If your family member fears returning to their country or plans to seek asylum, talk to a lawyer before asking the consulate for help. Except for the mandatory-notification countries, notifying the consulate depends on the person's request.

If your family member has minor children

ICE has an internal directive on detained parents and legal guardians: Directive 11064.4, dated July 2, 2025, which superseded the previous 2022 directive. Under that directive:

Absent indications of abuse or neglect, ICE personnel should accommodate a parent's efforts to arrange care for their minor children before detention. If the parent cannot, ICE must contact the local child welfare authority or law enforcement to take custody of the children.
If the children or a family court case are within the area where the parent was detained, ICE must refrain from transferring the parent outside that area unless that is not operationally feasible or exceptional circumstances apply.
Where it is required to keep or regain custody, ICE must arrange, where practicable, for the parent to take part in family court hearings in person, by video or by phone. For that, someone must notify ICE in time and provide evidence of the hearing.
Before a removal, ICE should, to the extent practicable, give the parent a chance to sign documents such as powers of attorney, passport applications or guardianship appointments, and to talk with their lawyer, consulate and family.

ICE states on its detained parents page that the directive is internal guidance only, may change at any time without notice and creates no rights enforceable in court. For inquiries, ICE offers the Detention Reporting and Information Line, 1-888-351-4024, Monday through Friday, 8 a.m. to 8 p.m. Eastern, with English and Spanish operators. Say that your request is a "Parental Interests Inquiry."

According to ICE, when it decides whether to release someone it also considers other factors, including whether the person is the primary caregiver of minor children. It is a factor, not a guarantee.

To prepare a family plan (a designated guardian, key documents, memorized numbers), see the family safety plan section in what to do if ICE comes to your door. Decisions about child custody are made by state family courts; a family lawyer in your state can explain which documents work there.

Disclaimer: This page provides general information about U.S. federal immigration law in effect as of September 25, 2026, and is not legal advice. The rules on bond are changing through court decisions. For a question about your family member's case, consult an immigration attorney or an EOIR-accredited representative.

Frequently Asked Questions

How do I find out if ICE detained my family member?

Search the ICE Online Detainee Locator System (locator.ice.gov) with their A-Number and country of birth, or with their first name, last name and country of birth. The search requires an exact match, so try variations of the name. People under 18 do not appear, and some people do not appear right away. If you cannot find them, contact the local ICE ERO field office.

Where do I find my family member's A-Number?

According to ICE, the A-Number has nine digits, may begin with zeros and appears in the top right corner of the Notice to Appear (Form I-862). It also appears on the person's other immigration documents and in the ICE locator result.

Can I call my family member at the detention facility?

In facilities that apply PBNDS 2011, the facility must take and deliver telephone messages as promptly as possible. If you call with an emergency, staff must take your name and number and give them to your family member so they can return the call. Your family member can call you collect or prepaid, and can call the free legal service provider list and their consulate for free.

Do I need papers to visit my family member?

Under PBNDS 2011, no adult visitor may be admitted without government-issued photo identification, and the facility may run random criminal background and warrant checks. Call the facility before you go to learn its rules. If you are worried about your own immigration status, talk to a lawyer first.

How much does an immigration bond cost?

The law sets a $1,500 minimum for bond under 8 U.S.C. § 1226(a). There is no fixed amount: ICE or the immigration judge sets it case by case. A cash bond obligor must deposit the full amount and forfeits it if ICE finds the bond conditions were not met.

Who can pay the bond and how?

According to ICE, U.S. citizens, lawful permanent residents, law firms and nonprofit organizations can post it through the online CeBONDS system, by Fedwire or ACH transfer, Monday through Friday, 9 a.m. to 3 p.m. in the time zone where the person is detained. ICE also works case by case with people who want to pay at one of its offices. People without a bank account can use a certified bond company or a community organization.

Does my family member get a bond hearing if they entered without papers?

It depends. Since Matter of Yajure Hurtado (September 2025), the Board of Immigration Appeals holds that immigration judges cannot grant bond to people in the country without having been admitted. As of September 25, 2026, nine federal courts of appeals (the First, Second, Third, Fourth, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits) have rejected that reading, and two (the Fifth and Eighth) have accepted it. The Supreme Court has not decided the issue, so the answer can depend on the circuit where your family member is detained. A lawyer can tell you what options exist where your family member is detained.

Does the Laken Riley Act affect my family member?

It may if your family member is inadmissible for being in the country without having been admitted or paroled, for fraud or for lacking documents, and was charged with, arrested for or convicted of burglary, theft, larceny, shoplifting, assault of a law enforcement officer or a crime causing death or serious bodily injury, or admits committing such acts. The law, from January 2025, requires their detention and does not require a conviction. A lawyer should review the specific charges.

Will the government give my family member a free lawyer?

No. Under 8 U.S.C. § 1362, the person may have a lawyer in immigration court, but at no expense to the government. Look for help on EOIR's list of free legal service providers and its roster of recognized organizations and accredited representatives. Avoid notarios and consultants who offer to fix papers.

Should I contact the consulate?

Your family member has the right to have their consulate informed if they ask, and the consulate may visit them and help arrange legal representation (Vienna Convention, Article 36). For certain countries notification is mandatory. If your family member fears returning to their country or plans to seek asylum, talk to a lawyer first.

Someone called asking me for bond money. Is it real?

Be suspicious. ICE takes bonds through its CeBONDS system by bank transfer or, case by case, at an ICE office; none of those routes involves paying someone who calls you. Hang up and contact ICE or your family member's lawyer at an official number.