Who may qualify to be released from federal immigration detention while his or her case is still pending?
It is relatively rare for individuals to qualify for immigration bond since the law changed in 1997 when the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) came into effect with many new rules barring people from qualifying for bond. However, a person can still qualify for bond if he or she can prove to an Immigration Judge that: 1. He or she was not caught by Immigration as he or she was trying to enter the United States; AND 2. He or she has no convictions which disqualify him or her from bond; AND 3. He or she will continue to attend Immigration Court hearings after released from detention; AND 4. He or she is not a danger to the community; AND 5. He or she has not participated in terrorist activities. Convictions that bar a person from receiving a bond include (but are not limited to!): * Any drug crime * Very serious crimes such as murder, rape or sexual abuse of a child * Any crime of violence for which a person was sentenced to a year or more of jail time
