When someone in Georgia is detained by local or state law enforcement based on a suspected criminal offense, the court system has the authority to grant the defendant temporary release from incarceration until their trial date. This temporary release is usually granted in exchange for the payment of a financial “bond” meant to ensure the defendant actually appears in court for scheduled hearings. Fortunately, there is a similar process for people detained by Immigration and Customs Enforcement for suspected immigration violations.
Unfortunately, getting a bond release from ICE detention can be exceptionally difficult—even if your offense is minor enough that seeking temporary release should not be a problem. Retaining an Atlanta immigration bond lawyer could help you get through this process efficiently and increase your odds of a favorable result. Reach out to a seasoned immigration detention attorney today to get started.
When someone is taken into custody at a Georgia immigration detention center, ICE will determine whether to set a bond for the detained individual and what amount it will be. In theory, the price of a detained individual’s bond should be based on factors such as:
In practice, though, it has become increasingly rare over the past several years for ICE to grant bond to anyone in an immigration detention center, regardless of what their alleged offense was. In situations like this, contacting a proactive Atlanta immigration bond attorney should be a top priority either for the detained individual or—if they are unable to reach out themselves—their loved ones outside of ICE custody.
When ICE declines to set a bond for someone in immigration detention, or when ICE sets an unreasonably high bond price given the nature of a detainee’s alleged offense and other relevant factors, the detainee may request a bond redetermination hearing, commonly called a “bond hearing.” During this hearing, the immigration judge will review the previous decision made by ICE and the evidence on which it was ostensibly based. The detained individual who requested the hearing can also present arguments and evidence supporting their release for a more favorable bond decision.
Importantly, this hearing is not meant to decide whether a detained person will be released from ICE custody immediately, just whether they should have a bond set for them that, if paid, would allow them to be temporarily released from custody so they can better prepare for their immigration case. A knowledgeable immigration bond lawyer in Atlanta can explain how this process works in more detail and offer irreplaceable guidance about how best to seek a favorable decision from the judge.
It is by no means a guarantee that someone detained for a suspected breach of U.S. immigration law will be granted bond no matter what circumstances led to their detention. That said, it is unfortunately common for ICE to make harsh decisions when it comes to granting bonds that are not supported by the evidence or established legal precedent. Thus, detainees without legal representation generally have an extremely difficult time overcoming this unfair treatment.
Working with an Atlanta immigration bond lawyer could make all the difference in whether you can secure a fair bond for your unique immigration case. Call today to learn more.