The call nobody wants to get comes at all hours. Your spouse, your parent, your sibling was picked up by ICE. They’re being held at a detention facility, and someone on the phone is using words like “bond hearing” and “immigration court” and “removal proceedings.” It’s terrifying, and it’s happening fast.
The detained person can’t research this from a cell. You can, and that’s exactly what you’re doing right now. What follows is a plain-language explanation of how a bond hearing works in immigration court, what changed under the law in 2025, and what the process looks like specifically for families in the Dallas area. At Law Offices of Daniel A. Lorber, PC, reuniting families is the core of what I do, and understanding this process is the first step.
What a Bond Hearing Actually Is
A bond hearing isn’t a trial. The immigration judge isn’t deciding whether your family member will be deported. That question gets answered later in a separate proceeding called a removal case. The bond hearing answers one question only: can the detained person be released while that case plays out, and if so, at what cost?
When ICE first takes someone into custody, it issues an initial custody determination. ICE may set a bond amount (the legal minimum is $1,500), or it may deny release entirely. If a bond amount is set that the family can pay, it’s possible to pay it directly to ICE without ever going before a judge. The bond hearing before an immigration judge becomes necessary when ICE sets no bond, when the amount ICE set is too high for the family to pay, or when ICE has ordered the person held without bond and the family wants to challenge that decision.
Bond functions as a financial guarantee. A U.S. citizen or lawful permanent resident pays the full amount on the detainee’s behalf. If the detained person attends every future hearing and complies with all court orders, that money is returned at the end of the case, regardless of the outcome.
Who Is Eligible & What Changed in 2025
Not everyone in ICE custody can request a bond hearing. Under INA Section 236(c), a category called mandatory detention bars certain individuals from appearing before an immigration judge for bond at all. This includes people with aggravated felony convictions and certain drug and firearms offenses. Separately, individuals subject to expedited removal under INA Section 235(b), such as those apprehended near the border shortly after entering without inspection, generally don’t have a statutory right to a bond hearing.
The Laken Riley Act, signed into law on January 29, 2025, significantly expanded this mandatory detention list. It now covers noncitizens who are inadmissible for unlawful entry and who have been arrested for, charged with, or convicted of burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime resulting in death or serious bodily injury. That last detail matters enormously: a charge triggers mandatory detention under this law, not a conviction. A case that hasn’t gone to trial, or charges that were later dropped, can still affect bond eligibility.
If your family member believes mandatory detention is being applied incorrectly, there’s a mechanism to challenge it. A Joseph hearing is a special proceeding in which the detainee presents evidence to the immigration judge demonstrating they don’t actually fall within the mandatory detention category. Given how recently the Laken Riley Act expanded those categories, Joseph hearings are increasingly relevant for Dallas-area families right now.
How to Request a Bond Hearing
At the moment of initial detention, ICE issues Form I-286, formally called the Notice of Custody Determination. This form gives the detained person an opportunity to check a box requesting a custody redetermination by an immigration judge. Signing and submitting that form is the earliest and simplest way to trigger a bond hearing. If Form I-286 wasn’t received or the request wasn’t made at that point, a written motion for bond redetermination can be filed with the immigration court where removal proceedings are pending, or the request can be made orally at the first Master Calendar Hearing.
For families in the Dallas area, the practical geography matters. DFW-area detainees are held primarily at Prairieland Detention Center in Alvarado, Texas, roughly 40 miles south of Dallas, with some individuals held at Polk County Detention Center in Livingston. Bond hearings are scheduled at either the Dallas Immigration Court (located at 1100 Commerce Street, Suite 1060, inside the Earle Cabell Federal Building) or the Fort Worth Immigration Court, depending on which court has jurisdiction. The Dallas court’s public hours run from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.
What Happens at the Hearing
One of the most important and least understood aspects of a bond hearing is who carries the burden of proof. In a criminal bail hearing, the government often bears that responsibility. In an immigration bond hearing, the burden falls on the detainee. The detained person’s attorney must demonstrate that their client is neither a flight risk nor a danger to the community. The ICE Assistant Chief Counsel argues for continued detention or a higher bond amount.
Judges evaluate two categories of evidence when making this determination:
- Flight risk factors: Letters and testimony from U.S. citizen or lawful permanent resident family members at a verifiable address, documentation of stable employment, evidence of long-term residence in the United States, and records showing prior compliance with immigration court dates
- Danger to the community factors: Criminal history documentation, evidence of rehabilitation where a criminal record exists, and character letters from community members, employers, or religious leaders
At the conclusion of the hearing, the judge issues an oral decision from the bench. If bond is granted, a written order specifying the amount follows, and the Master Calendar Hearing is rescheduled to give the family time to post bond before the next appearance.
Paying Bond & What Comes Next
Bond must be paid to ICE in full through its online CeBONDS system. Payments are processed electronically via Fedwire or ACH bank transfer. The old method of bringing a cashier’s check to a field office no longer applies for most families. Once you register through CeBONDS and complete identity verification, you’ll complete the actual transfer at your bank. ICE notes that the bond verification process typically takes approximately one to two hours, and that detained individuals are generally released by the end of the day after the bond is approved and signed, though timelines can vary.
After release, the removal case continues. If the home address where the released person will be living falls under a different immigration court’s jurisdiction, a Motion to Change Venue transfers future hearings to the court nearest to their residence. This step matters: missing a hearing after release, for any reason, results in an in-absentia removal order and forfeiture of the full bond amount.
If Bond Is Denied
A denial isn’t necessarily the end. Two options exist, each suited to different circumstances.
BIA Appeal
A denied bond can be appealed to the Board of Immigration Appeals, the administrative appellate body that reviews immigration judge decisions. BIA appeals are a formal, record-based process that take months to resolve. They’re most appropriate when the judge made a legal or procedural error.
Motion for a New Bond Hearing
When circumstances have genuinely changed since the original hearing, filing a motion for a new bond hearing with updated supporting evidence is often faster and more practical. A dismissal of criminal charges, new family ties documentation, or an extended period in custody without incident can all form the basis for a new request.
If your family member has been detained in the Dallas area, I’m here to help you understand your options and build a defense from the start. Contact Law Offices of Daniel A. Lorber, PC at (469) 405-2966.