When immigrants are detained by immigration officials, they and their loved ones may not only be concerned about the possibility of deportation, but they may be worried about their ability to be released, return to their daily lives, maintain employment, and take care of other responsibilities. In some cases, immigrants may be able to request that they be released, and they may be required to pay an immigration bond. In these situations, a bond hearing may be held, and an immigrant and their attorney will need to provide evidence and testimony showing that they are eligible to be released.

How Can a Person Show That They Are Eligible for an Immigration Bond?

When an immigration judge considers an individual case and determines whether an immigration bond should be granted, they will look at two primary factors: whether the person presents a danger to the community and whether they are a flight risk. When addressing the first issue, a judge will usually look at the person's criminal history and any indications that they may potentially harm others. During the hearing, the immigrant may need to answer questions about previous arrests or convictions, explain what happened in these situations, and show that they will not engage in criminal activity in the future. A person may provide evidence of rehabilitation, such as the completion of a prison sentence or diversionary program, as well as other steps they are taking to remain safe, such as receiving treatment for drug or alcohol abuse.

When addressing whether a person is a potential flight risk, a judge may look at several factors, such as:

The 14th Amendment to the U.S. Constitution guarantees citizenship to any child born inside the United States. This ensures that when parents are living inside the U.S., including those who are U.S. citizens, lawful permanent residents, or of any other status, their children will be able to realize the benefits of citizenship. However, there are many situations where U.S. citizens may be living outside the United States when their children are born. To ensure that their children can be recognized as U.S. citizens, parents or grandparents will need to take steps to apply for citizenship on behalf of their children. In these cases, it is important to understand the requirements that will need to be met and the information that must be submitted.

Requirements for U.S. Citizenship for Children

For a child to be recognized as a U.S. citizen, all of the following requirements must be met:

• The child must be under the age of 18.

  ...

Immigrants to the United States have a number of options for receiving authorization to live in the country permanently. Most of the time, when a person receives a Green Card, it will be valid for 10 years, and it will be renewable. However, there are some situations where a conditional Green Card will be issued that will only be valid for two years. If you have received a conditional Green Card, it is important to be aware of the special requirements that apply to you in order to maintain your legal status in the United States.

When Are Conditional Green Cards Issued?

10-year Green Cards may be issued to those who are approved for certain types of family-based and employment-based visas. Conditional Green Cards may be appropriate in the following situations:

• Green Cards based on marriage - If a couple applies for a K visa that will allow a foreign fiancé(e) to come to the U.S. for the purpose of getting married, a spouse will receive a conditional Green Card. If a couple had been married for less than two years when applying for an Immediate Relative visa, a conditional Green Card will be issued to the foreign-born spouse. The child of a foreign fiancé(e) may be included in a K visa application, and they will also receive a conditional Green Card.

  ...

There are a variety of situations where immigrants to the United States may face deportation. A person may be accused of entering the U.S. illegally, remaining in the country after the expiration of a visa, or otherwise violating immigration laws. There are a number of potential defenses against deportation, and in many cases, immigrants may apply for asylum based on the fear that they will face prosecution if they are forced to return to their home country. However, those who do not qualify for asylum may be able to apply for another form of humanitarian relief known as withholding of removal.

Asylum Vs. Withholding of Removal

A person may qualify for asylum if they are currently in the United States and meet the requirements to be considered a refugee. Refugees are people who have been forced to flee their home countries, and they must have experienced persecution, or they must have a credible fear that if they are returned to their home countries, they will be persecuted because of their religion, race, political opinions, or membership in certain groups. A person who is granted asylum will be protected against deportation, they will receive authorization to work in the United States, they will be eligible for government aid, they may ask for permission to travel outside the U.S., and they may be able to file petitions on behalf of family members who are seeking to immigrate to the United States.

There are some cases where immigrants may not qualify for asylum, but they may still be able to apply for withholding of removal. This option may be available if a person was barred from receiving asylum because they were present in the United States for more than one year or because they had previously been deported and returned to the U.S. However, if a person has been denied asylum because they had engaged in persecution of others or because they have been convicted of a serious crime, they will not qualify for withholding of removal.

Those who have been detained by U.S. immigration officials will often be unsure about their options for avoiding deportation. People in this situation face many difficulties, especially if they have entered the United States seeking safety and fear that they and their families will be placed at risk of harm if they are forced to return to their home countries. While immigrants may have options for defending against deportation, some recent rulings by the U.S. Supreme Court may make it more difficult for them to properly address these issues and be released from detention.

Immigration Bonds and the Post-Removal-Order Statute

In two recent cases, the Supreme Court looked at whether immigration officials can hold people indefinitely and whether those who are being detained have the right to request bond hearings. One of the laws addressed in these cases, Section 1231 of the U.S. Immigration Code, is known as the “post-removal-order statute.” Under this law, once a deportation/removal order is issued, a person must be held in detention for at least 90 days. However, if the person is not removed from the United States after 90 days, they may be released and placed under supervision.

In the case of Johnson v. Arteaga-Martinez, immigration officials had continued to detain an immigrant past the 90-day removal period, but the process of removal had been halted because the immigrant feared that he would face persecution or torture if he was returned to his country of origin. Based on a previous case, the immigrant argued that after he had been detained for six months, he had the right to a bond hearing to determine whether he could be released and placed under supervision while he was pursuing a request for withholding of removal.