The minimum immigration bond set by federal law is $1,500, but the amount in a real case is whatever the Department of Homeland Security (DHS) or an immigration judge decides, and it can run much higher. Bond is also not guaranteed: some people in Florida are eligible to ask for it and some are not, and the courts are still sorting out where the line falls.
The short version
Minimum by law: $1,500 for a bond under INA 236(a)
Who sets the amount: DHS first, then an immigration judge if you ask for a bond hearing
What drives it: danger to the community and risk of not appearing in court
What does not change: no one is promised bond, and some detention categories are not eligible at all.
Key Takeaways
- The statute sets a floor of $1,500, not a price list. The actual amount depends on the person’s history, ties and the facts of the case.
- Bond is discretionary. Whether you can ask an immigration judge for it at all depends on the detention category, and that question is unsettled in 2026.
- The person who posts the money signs a contract with ICE. The deposit comes back when the bond is cancelled under its terms, and it can be lost if the bonded person misses a required appearance.
What is an immigration bond?
An immigration bond is money paid to the government as a guarantee that a detained person will show up for immigration court and comply with the conditions of release. When someone is held by ICE while a removal case is pending, the law allows release on bond in many situations. Under 8 U.S.C. 1226(a), the government may release a person on “bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General,” or on conditional parole.
ICE describes the most common type, the delivery bond, as one where the person who posts it (the obligor) ensures the detained person reports as directed. ICE also lists voluntary departure bonds and order of supervision bonds, which serve different purposes. This article focuses on the delivery bond, because that is the one families are usually asking about.
How much does an immigration bond cost in Florida?
There is no Florida price schedule and no fixed number. The law sets the $1,500 minimum, and everything above it is decided case by case. The amount is set by DHS or by the Executive Office for Immigration Review (EOIR), the agency that runs the immigration courts, as ICE explains on its bond page.
To give you a sense of the range nationally, TRAC at Syracuse University reported that the median bond required in immigration court was $6,500 in January 2025 and $3,500 in June 2025. In an earlier study covering fiscal year 2017 through the first quarter of fiscal year 2024, TRAC found an overall median of $6,000, with wide differences from one detention location to another. Those are national medians, not predictions. Your family’s number could be lower or considerably higher.
How is the bond amount decided?
Two officials can be involved. First, a DHS officer makes an initial custody decision, which may include setting a bond amount. Under 8 CFR 236.1(c)(8), the person must show to the officer’s satisfaction that release would not pose a danger to property or persons and that the person is likely to appear for future proceedings.
Second, if a bond amount is set and the family cannot meet it, or DHS declines to release, the detained person can ask an immigration judge to review it. The regulations at 8 CFR 1003.19 allow that request to be made in writing, orally, or at the judge’s discretion by telephone. According to the EOIR Immigration Court Practice Manual, there is no filing fee to request a bond hearing.
The judge looks at danger, likelihood of appearing at future hearings, and national security concerns. In Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020), the Board of Immigration Appeals listed factors a judge may weigh, including:
- whether the person has a fixed address in the United States
- length of residence in the United States
- family ties in the United States
- employment history
- record of appearing in court
- criminal record
- history of immigration violations
- any attempts to flee prosecution
- manner of entry to the United States
The same decision says the burden is on the detained person to show they merit release, and that neither the statute nor the regulations give anyone a right to release on bond. In practice, that means the strength of the evidence matters. A person with deep community ties, steady work and no concerning history presents a very different picture than someone with a recent entry and no ties.
Can everyone get a bond?
No, and this is the part families most need to hear. Two groups of rules limit who can be released on bond.
Mandatory detention for certain criminal grounds. Section 1226(c) requires detention of people who fall into specified categories, such as certain criminal convictions and terrorism-related grounds. Congress added categories through the Laken Riley Act in 2025, covering people who are inadmissible on certain grounds and are charged with, arrested for, or convicted of burglary, theft, larceny, shoplifting, assault on a law enforcement officer, or crimes causing death or serious bodily injury. Immigration judges cannot redetermine custody for people subject to these provisions under 8 CFR 1003.19(h)(2), and they also lack jurisdiction over arriving noncitizens in removal proceedings.
The 2026 dispute over people who entered without inspection. DHS and the Board of Immigration Appeals have taken the position that many people who entered without being admitted are subject to detention under a different section, INA 235(b)(2)(A), with no bond hearing. In Matter of N-A-G-C-, 29 I&N Dec. 662 (BIA 2026), the Board held that an immigration judge lacks authority to redetermine custody for a person who entered without admission.
Federal courts of appeals have disagreed. On May 6, 2026, an Eleventh Circuit panel, the court that covers Florida, held in Alvarez v. Warden, Federal Detention Center Miami that section 1225(b)(2)(A) does not authorize mandatory no-bond detention for people who are simply present in the interior of the country, and that such people generally fall under section 1226(a), which allows bond. Other circuits have ruled both ways. As of a September 11, 2026 CLINIC summary, the Fifth and Eighth Circuits sided with the government, while the First, Second, Third, Fourth, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits rejected its reading, and petitions asking the Supreme Court to step in had been filed but not granted.
Our post on why federal appeals courts are split on ICE bond hearings in 2026 gives background on the split; it was written before the Eleventh Circuit ruled, so this article is the more current account.
What this does not change. The Eleventh Circuit decision is binding in Florida federal courts but can be reviewed by the Supreme Court. It does not remove the criminal-ground mandatory detention rules, it does not guarantee that any individual will be granted bond, and it does not decide how much a bond will be. Even for someone who can ask for a hearing, the judge still has discretion to deny bond or to set an amount the family cannot meet.
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Who can pay an immigration bond, and how?
The person who posts the bond is called the obligor. ICE says U.S. citizens, lawful permanent residents, law firms and non-profit organizations can use its online system, CeBONDS, to post a delivery bond. ICE also states that bond payments must be made by Fedwire or Automated Clearing House (ACH) transfer, and obligors must present identity documents. Requirements can change, so check the ICE bond page or ask us before you send any money.
The obligor signs Form I-352, which ICE calls a contract between the obligor and ICE. By signing, the obligor agrees to be liable for the full bond amount and to produce the detained person when the government requires it. The form also requires the obligor to keep ICE informed of address changes.
How does the bond money come back?
Under the terms of Form I-352, a delivery bond is cancelled in situations such as the removal of the person, the grant of permanent residence, or the end of the proceedings. When a cash bond is cancelled, the form says ICE will refund the cash deposit and applicable interest to the obligor at the address on file.
CLINIC’s factsheet on the right to reclaim your immigration bond money adds that ICE sends Form I-391 (Notice Immigration Bond Cancelled) on cancellation, that the refund goes to the obligor unless the obligor has assigned it to someone else, and that cash bond funds earn interest at a Treasury Department rate. It also recommends contacting the ICE field office directly rather than waiting, to avoid delay.
The risk runs the other way if the bonded person does not appear. ICE sends Form I-323 (Notice of Immigration Bond Breached), and the obligor generally does not get the deposit back. The I-352 gives the obligor 30 days to file an administrative appeal of a breach determination. ICE notes that even after a cash bond is breached, it will still refund the interest that accrued on the deposit.
What if bond is denied or not available?
Bond is one tool, not the only one. Depending on the case, the other options that may be on the table are a federal habeas corpus petition, which asks a federal court to review whether the detention is lawful, and parole, which is release at the government’s discretion. Which of these fits depends on the detention category, the person’s history, and the paperwork ICE issued. A bond denial is not always the end of the road, and it also does not mean a habeas petition will succeed.
For a broader look at what families can do to support a detained loved one, see our post on supporting a loved one in ICE detention. If your family member is held in a specific county, our county guides cover local procedure, including the Seminole County bond hearing guide and the Orange County bond hearing guide.
Frequently Asked Questions
What is the lowest immigration bond in Florida?
The statute sets a minimum of $1,500 under 8 U.S.C. 1226(a). The same floor applies in every state. A bond can be set much higher depending on the facts.
Does it cost money to ask an immigration judge for a bond hearing?
The EOIR Practice Manual states there is no filing fee to request a bond hearing. The bond itself, if granted, is separate and is paid to ICE by the obligor.
Can I get my immigration bond money back?
Generally yes, when the bond is cancelled under its terms, including any interest that applies, as described in Form I-352. If the bond is breached because the bonded person misses a required appearance, the deposit is generally forfeited, apart from accrued interest on a cash bond.
Is everyone in ICE detention in Florida entitled to a bond hearing?
No. People in mandatory detention categories, including certain criminal grounds, and arriving noncitizens are outside the immigration judge’s bond authority. Eligibility for people who entered without inspection has been litigated throughout 2026, and the Supreme Court has not yet resolved it.
How We Can Help
When a family calls us about a detained loved one, we start by reading the custody paperwork to see which detention category applies, and then we talk through the options that may fit: a bond request, a habeas petition, or parole. We do not promise a bond, and we will not guess at an amount before we have seen the facts. You can learn more about how we approach these cases on our immigration bond lawyer page.
Our first step is a free pre-evaluation, where we review the facts and tell you whether we can help. If it is a fit, we invite you to a paid consultation with a written flat-fee quote. Call us at (407) 917-2087 or start your pre-evaluation through our contact page. Our founding attorney Denisse Ilabaca is Board Certified in Immigration and Nationality Law by The Florida Bar, a distinction held by fewer than two percent of Florida attorneys.
Legal Disclaimer: This article explains general principles of federal immigration detention law and ongoing litigation. It is not legal advice, and it does not create an attorney-client relationship. Bond eligibility and amounts depend on the specific facts of each case and on court decisions that may change or be reversed. For advice about your situation, consult a licensed Florida immigration attorney. Ilabaca Law, PLLC, 300 N Ronald Reagan Blvd, Suite 305, Longwood, FL 32750.