When ICE detains a family member, most people do not know what comes next. A bond hearing before an immigration judge is often the first and most direct path to release while the immigration case continues. This post walks through the sequence step by step, from the moment of arrest to the day of the hearing and beyond, with a focus on what actually happens in New Jersey and what families and attorneys need to do at each stage. For background on who qualifies and what the judge weighs in full detail, see our page on immigration bond hearings in New Jersey.

The information on this page is general. It is not legal advice for your specific situation. Consult an immigration attorney about the facts of your case.

Step 1: The Arrest

ICE makes civil immigration arrests under administrative warrants (Form I-200 for arrests, Form I-205 for deportation). At the point of arrest, the person is served with a Notice to Appear, which formally places them in removal proceedings, and is taken into ICE custody. ICE can set an administrative bond at this stage or issue a hold without bond, leaving the question of bond to an immigration judge.

If ICE sets an administrative bond, the detained person or their attorney can accept it and pay, or can ask an immigration judge to redetermine the amount. If ICE denies bond outright, the immigration judge is the next avenue.

Step 2: Locating the Person

In the first hours after a detention, the most urgent task is locating where the person is being held. ICE’s online detainee locator at locator.ice.gov is the official tool. You will need the person’s full name and country of birth, or their A-number (the nine-digit alien registration number that appears on immigration documents, work permits, and receipt notices). The locator can lag 24 to 48 hours after a new arrest, so if it shows no results immediately, try again later and call the ICE field office directly.

Our page on what to do when a family member is detained by ICE covers the first 24 hours in detail, including how to document what happened and what information to gather before calling an attorney.

Step 3: Checking Eligibility

Not everyone in ICE custody qualifies for a bond hearing before an immigration judge. Under INA section 236(a), most people placed in removal proceedings can seek bond. Under INA section 236(c), people with certain criminal convictions are subject to mandatory detention with no bond hearing available in immigration court. People with final orders of removal under INA section 241 are generally not eligible for the process described here.

Eligibility depends on how the government has classified the detention, and misclassifications happen. See our bond hearings page for a full breakdown of who qualifies, what misclassification looks like, and what federal court can do when immigration court cannot help.

Step 4: Requesting a Bond Hearing

Once an attorney is retained, the first filing is a motion for a custody redetermination hearing, submitted to the immigration court with jurisdiction over the detention. This is the formal request that triggers scheduling before an immigration judge.

ICE also has the authority to issue or reconsider an administrative bond before the case reaches a judge. If ICE has already set a bond and the amount is unworkable, the attorney can still bring the matter before an immigration judge to ask for a lower amount.

Step 5: Scheduling at the Elizabeth Detained Docket

People detained in New Jersey are typically held at the Elizabeth Contract Detention Facility (ECDF) or at Delaney Hall in Newark. Bond hearings for people held at these facilities are generally heard by immigration judges assigned to the Elizabeth Detained Docket, which operates under the Newark Immigration Court.

Hearings at the Elizabeth Detained Docket are typically scheduled within days to a few weeks of a request, though this depends on court volume. Hearings can be conducted in person at the facility or by video.

ICE transfers detainees to out-of-state facilities with some regularity. If a family member has been moved, the locator will reflect the new facility, and the hearing may be conducted by video teleconference from wherever they are held. A transfer can also raise jurisdiction questions for any federal court filing that becomes necessary later. If a transfer appears imminent, that is a reason to contact an attorney immediately rather than wait.

Step 6: Building the Evidence Record

The immigration judge applies a two-part test: danger to the community and flight risk. Under BIA precedent, the detained person carries the burden of showing they are neither. (Matter of Adeniji, 22 I&N Dec. 1102 (BIA 1999); Matter of Guerra, 24 I&N Dec. 37 (BIA 2006).) The government does not have to prove danger or flight risk. The detained person must demonstrate the absence of both, on the evidence, before the hearing begins.

What carries the most weight:

Letters from family members, employers, and community members attesting to the person’s ties and character. A letter from someone who has known the person for years and can speak to who they are is more useful than a form letter.
Documentation of employment, lease agreements, or property ownership in the United States.
Evidence of pending immigration applications or approved petitions.
Documentation showing prior compliance with immigration hearings or obligations.
Criminal record documents, including arrest records, dispositions, and certificates of completion for any programs, if criminal history is at issue. Addressing this proactively is better than letting the government raise it first.

Gathering this material takes time. The earlier an attorney is retained, the more can be assembled before the hearing. An attorney can help organize this evidence and present it in a way that supports the strongest bond argument.

Step 7: The Hearing Day

At the bond hearing, the attorney presents the evidence record and argues for release or for a lower bond amount. The government attorney may object or offer contrary evidence. The immigration judge typically rules from the bench on the day of the hearing.

Bond amounts start at the $1,500 regulatory minimum under 8 C.F.R. section 236.1(c)(8). In practice, amounts depend on the judge’s assessment of flight risk and danger and commonly range up to $25,000 or more. Bond can be paid in cash directly to ICE or through a licensed immigration bond company. A cash bond is refundable at the conclusion of the case if the person appears at all hearings and complies with any final order. A surety bond is not refundable: the bonding company charges a non-refundable premium (typically 15 to 20 percent of the bond amount) and posts the full amount.

If a bond is set at an amount the family cannot pay, the attorney can file a motion asking the judge to reduce it.

Step 8: If Bond Is Denied or Set Too High

A denial or an unaffordable bond is not the end of the road.

Bond reduction motion. If the judge sets a bond the family cannot pay, a motion to redetermine bond can be filed asking the judge to lower the amount, supported by evidence of financial hardship and any other relevant facts.

BIA appeal. A bond denial or an amount the attorney believes was legally incorrect can be appealed to the Board of Immigration Appeals on Form EOIR-26 within 30 days of the judge’s decision. The BIA reviews for abuse of discretion and will reverse only if the judge’s ruling was arbitrary or contrary to law.

Bond redetermination on changed circumstances. If circumstances change after a denial, a new bond hearing can be requested upon showing a material change in circumstances under 8 C.F.R. section 1003.19(e).

Federal habeas corpus. If detention becomes prolonged without a path to release, a petition for habeas corpus under 28 U.S.C. section 2241 in federal district court may be appropriate. Our page on habeas corpus and immigration detention explains when and how that avenue applies.

Frequently Asked Questions

Does the detained person have the right to an attorney at the hearing?

Noncitizens in immigration proceedings have the right to be represented by an attorney at their own expense. There is no right to a government-appointed attorney. The hearing will proceed without counsel if none is present, which is why consulting an attorney as early as possible after the arrest matters.

Can a bond hearing be requested immediately after arrest?

Once formally placed in removal proceedings, the person or their attorney can request a bond hearing before an immigration judge. ICE may also set or reconsider an administrative bond before the matter reaches a judge, and the detained person can then ask the judge to redetermine that decision.

What if there is a prior removal order?

A prior removal order changes the analysis significantly. Someone with a reinstated removal order under INA section 241(a)(5) is generally not eligible for a bond hearing in immigration court. Other avenues may exist depending on the circumstances, but they require prompt consultation with an attorney.

How long does scheduling take at the Elizabeth Detained Docket?

Typically days to a few weeks from the filing of a motion for custody redetermination, though this varies with court volume. An attorney who knows the court’s current scheduling practices can make a real difference when speed matters.

Results may vary depending on your particular facts and legal circumstances. Nothing on this page is legal advice for your specific situation.

From ICE Arrest to Bond Hearing: What Happens in New Jersey, Step by Step