Immigration Bond Hearings in Connecticut (2026 Update)

Who Can Ask for Bond in an Immigration Bond Hearing in Connecticut?

Many people arrested by ICE (U.S. Immigration and Customs Enforcement) may ask to be released on bond while their deportation case is pending, and an immigration judge can review ICE's decision. But some people are held under mandatory detention, and a judge usually cannot set bond for them. For people who entered the country without inspection, the rules are in dispute. The Board of Immigration Appeals says there is no bond. The federal appeals court for Connecticut and New York said in April 2026 that bond is available to many of these people, and the Supreme Court has agreed to decide the question. The law in this area is changing quickly, so the answer for one family may differ from the answer for another.

If someone you love has just been detained, read this page together with our guide on what to do when ICE detains a family member. Our bond hearings page describes how the firm handles these cases.

What Is Immigration Bond?

When ICE arrests a person, it may hold that person while the government decides whether to remove (deport) them. The main law for this is Section 236 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1226. Under subsection (a), the government may keep the person in detention, or it may release the person on:

• Bond of at least $1,500. Bond is a deposit of money. It is a promise that the person will follow the rules of release and attend every hearing.
• Conditional parole. This is release without a money deposit, with conditions such as reporting to ICE.

The $1,500 figure is a floor set by the statute. The actual amount depends on the facts of the case. Bond is not a fine and it is not a fee paid to the government. The deposit is tied to the person's promise to appear, and the rules for getting it back are set by ICE (see the section on paying bond below).

Who Decides: ICE First, Then an Immigration Judge

The first decision is usually made by ICE. An ICE officer decides whether to release the person and, if so, on what bond or conditions. If the person is not released, or the bond is too high to pay, the person can usually ask an immigration judge to review it. This request is called a custody redetermination (a new look at whether to hold the person and on what terms).

The judge's decision is separate from the person's deportation case. Even if the judge sets bond, the judge has not decided whether the person can stay in the United States. The rules for these requests are in 8 CFR § 1003.19 and 8 CFR § 1236.1 (see 8 CFR § 1003.19). There is no government fee to ask an immigration judge for a bond hearing. If circumstances change in a material way after a bond decision, a person may ask for a new hearing under the same rules.

Who Is Held Without Bond: Mandatory Detention

Mandatory detention means the law says ICE must hold the person, and an immigration judge usually cannot set bond. There are three main groups.

The Laken Riley Act is the newest of these. It means that an arrest or a charge, even without a conviction, can matter for bond. If a family member has any past arrest, even an old or dismissed one, tell the lawyer. We need to know the whole record before anyone files a bond request.

People Who Entered Without Inspection: The 2025 and 2026 Decisions

The BIA decisions (2025)

The Board of Immigration Appeals (BIA) is the highest administrative court for immigration cases. In 2025 it issued two decisions that limit bond:

• Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025). The BIA held that a person arrested without a warrant as they arrive, such as right after crossing the border, is held under INA § 235(b) and is not eligible for bond under § 236(a).
• Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025). The BIA held that immigration judges cannot give bond to people who are present in the United States without having been admitted.

The Second Circuit decision (April 28, 2026)

Federal appeals courts can overrule the BIA on questions of law, and they have not all agreed. Connecticut, New York, and Vermont are in the Second Circuit. On April 28, 2026, that court held that people who entered without inspection and were not caught at or near the border are covered by INA § 236(a), the bond statute. The case is Barbosa da Cunha v. Freden, No. 25-3141 (2d Cir. Apr. 28, 2026). For many people detained in this region, that means bond may be possible even though the BIA says it is not.

The Supreme Court (October 1, 2026)

On October 1, 2026, the Supreme Court agreed to review the case (No. 26-104, Rhoney v. Barbosa da Cunha). Until the Court decides, the rule can differ by where a person is held and by the facts of their arrest. We cannot predict the result.

What the Judge Considers

If the judge can hear the request, the judge asks two main questions. Is the person a danger to the community? Is the person likely to appear for hearings (a flight risk)? The person has the burden to show that release is warranted.

The BIA's decision in Matter of Guerra, 24 I&N Dec. 37 (BIA 2006), lists factors a judge may weigh. They include:

How to Prepare: Documents to Gather

Judges decide on evidence, not on promises. Families can start collecting papers right away, even before a lawyer is hired. Useful items include:

• Proof of address. A lease, mortgage statement, or utility bills. If the person will live with a relative, include that relative's proof of address and a short letter.
• Family ties. Birth certificates of U.S.-citizen children, a marriage certificate, and a spouse's or parent's green card or naturalization certificate.
• Employment. A letter from the employer, recent pay stubs, and tax returns from the past two or three years.
• Community letters. Letters from employers, clergy, neighbors, teachers, or coaches who know the person.
• Identity and ICE papers. A passport or national ID, and any ICE papers such as a Notice to Appear or an arrest warrant (Form I-200 or I-205).
• Criminal record dispositions. Certified court records that show how each arrest ended, including dismissals. Do not hide or downplay a prior record, because that can hurt credibility.

How Immigration Bond Is Paid

After a bond is set, someone must post it with ICE. According to ICE's bonds page, the person who posts the bond is called the obligor. The obligor guarantees that the detained person will meet the conditions of the bond. The obligor signs a contract with ICE called the Bond Agreement (Form I-352), and should read it before posting.

• Online system. ICE uses an online system called CeBONDS to verify bond information and to post cash bonds. Users register for an account and must be in the United States.
• Who may post. ICE lists U.S. citizens, lawful permanent residents, law firms, and non-profit organizations as able to post this kind of bond. The obligor must show documents proving eligibility, such as a U.S. passport or a green card.
• How to pay. ICE says payment is made through Fedwire or ACH, and the full bond amount is deposited for a cash bond.
• Timing. ICE states posting hours of 9 a.m. to 3 p.m., Monday through Friday (except government holidays), in the time zone where the person is detained. Verification typically takes about one to two hours.
• Refunds. ICE closes a cancelled bond with a notice (Form I-391). If a bond is breached, the deposit can be forfeited, although ICE says it still refunds interest that accrued on the cash deposit. Refund questions go to ICE's Financial Service Center in Burlington (the contact details are on the ICE bonds page).

ICE can change these procedures. Check the ICE page, or ask your lawyer, before you send money.

If Bond Is Denied: BIA Appeal and Habeas Corpus

Appeal to the BIA

Either side can appeal a judge's bond decision to the BIA on Form EOIR-26. The notice of appeal is due within 30 days of the judge's decision (8 CFR § 1003.38). Custody bond appeals have no filing fee (8 CFR § 1003.8(a)(2)(i)). An appeal does not by itself release the person. For fees and filing steps in general, see our guide to the BIA appeal process.

Habeas corpus in federal court

A habeas corpus petition asks a federal district court to review whether a person's detention is lawful. If an immigration judge says there is no authority to hold a bond hearing, a habeas petition may be an option in some cases. Whether it can work depends on the facts, the detention statute that applies, and the law of the court where it is filed. It is a federal court case with its own rules, so a person should talk to an attorney before trying it. We do not recommend filing one without a lawyer.

Where People Are Held, and How to Find Them

ICE may hold people in facilities outside Connecticut, and it can transfer people between facilities. The immigration court that holds a bond hearing is the one that covers the place where the person is detained, which may not be Hartford. Families can search for a detained adult with the ICE Online Detainee Locator System. You will need the A-Number, or the person's country of birth and exact name spelling.

Hartford Immigration Court is at 450 Main Street, Suite 628, Hartford, CT 06103. For hours and how the court works, see our Hartford Immigration Court guide.

Frequently Asked Questions

Sources

• 8 U.S.C. § 1226 (INA § 236), apprehension and detention
• 8 U.S.C. § 1225 (INA § 235), inspection of applicants for admission
• Laken Riley Act, Pub. L. 119-1 (2025)
• Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025)
• Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)
• Barbosa da Cunha v. Freden, No. 25-3141 (2d Cir. Apr. 28, 2026)
• Supreme Court docket No. 26-104, Rhoney v. Barbosa da Cunha
• EOIR precedent decisions (Matter of Guerra, 24 I&N Dec. 37)
• 8 CFR § 1003.19, custody and bond; § 1003.38; § 1003.8
• ICE: Bonds
• ICE Online Detainee Locator System

Last reviewed: November 2026.