Can you bail someone out of ICE?

immigration and a permanent resident card

Immigration and arrest

Immigration is a scary world for many, regardless of what country they are from or where they are currently living. It often proves theory to the old saying, “The grass is always greener on the other side.”, only to find out it may be greener, but it isn’t easy to become adjusted, especially if you’ve broken the law. 

To most of us, the law seems clear and simple, and if you don’t break it, you won’t get in trouble. However, when you’re from another country, those laws aren’t always clear, or they are misinterpreted.  The next thing you know, you’re one of 100’s, even 1000’s of bail immigration detainees and looking for immigration bail information you understand. 

First of all, what is an immigration bail, exactly, and how is it different from other types of bail in Kansas? Immigration bail in principle is paid by a bond as determined by the immigration judge. This is a type of federal bond or guarantee required by any person arrested that is a Green Card holder or is undocumented.

How long can you be held by ICE?

In the United States, it was reported by the Immigration and Customs Enforcement agency that over 400,000 immigrants were presented before an immigration judge and then deported in 2018. Before they were present to the judge, they were in the custody and held by ICE agents. 

These illegal immigrant came to ICE after being arrested by law enforcement for various crimes. Those crimes could be as serious as murder and as simple as a traffic infraction. ICE is a division of the Department of Homeland Security agency and return any immigrant that is believed could cause problems for this country, making it unsafe for American citizens. 

ICE agents will hold an immigrant up to forty-eight hours before deporting the person back to their home country unless they are able to obtain an immigration bail was set by the judge based on the immigration bail conditions stated. 

How do I pay bail for immigration?

An immigration bond can by paid by the individual that is being held by ICE or by another person, usually a family member, friend, employer, or an immigration bail bond agent. They are available at the immigration office and must be paid in cash or with a U.S. Post Office issued money order.         

What are the different types of immigration status?         

There are four different  immigration status. Here we have listed them and their characteristics as follows: 

U.S. Citizens

Born in this country or have been here three to five years are now naturalized. A naturalized citizen can never have been deported and has the rights to all public benefits with qualifications met. This person has the right to file for a spouse, child, parent, or sibling to become legal U.S. citizen.

Conditional or Permanent Resident

A conditional status is for a person that been married 2 years or less before receiving a green card. They must file jointly with spouse for the condition to be removed within 24 months after receiving green card or face deportation. 

A legal permanent resident is a person with  a green card or a legal resident that has received authorization to reside and work in America on a permanent basis. 

The conditional status can be converted to permanent status by filing a Petition to Remove the Conditions. Certain supporting evidence must be presented with the petition along with appropriate fees. 


This status is for person that are in the United States legally on temporary basis. Examples of the non-immigrant status includes:

  • students
  • business visitors or tourists
  • fiancées 
  • individuals temporary protected status

Typically, non-immigrant recipients do not have plans to immigrate, meaning they are planning to return to their homeland. 


Any person here without permission, or illegally, is undocumented, meaning they have not received permission to reside in the United States. They do not have rights to gainful employment, public benefits, or be issued a driver’s license. An undocumented person is constantly at risk of deportation at any time. 

court case and legal proceedings

How can I check my immigration case status?

Like most things today, this can now be done online if the person(s) seeing their immigration status have filed for one of the following: 

  • family-based green card category 
  • employment-based green card category

This process usually take weeks, but with the influx of recent applications, it may be months. To get your immigration status online, you’ll need the 13 digit Receipt Number for your application or other identifying information.

It is common for an immigrant not to have a clear understanding of the English language or the legal issues at hand. At any time, a person that is thought to be here in the United States illegally and is arrested, their first action should be to hire an immigration attorney. That person will be with you from the moment you see the immigration judge until you are released. Need help with immigration bail? Call Air Capital Bail Bonds today at 316-755-5142.