Two ways out of ICE detention
Immigration bond vs. parole
Bond and parole can both release a person from ICE detention while the case goes on, but they rest on different laws, are decided by different officials and are open to different people. Here is how each one works and how to tell which applies.
Two routes out of detention
When ICE holds someone while their immigration case goes on, there are two main legal routes to release before the case ends: an immigration bond and parole. They sound alike, and both end with the person going home to wait for the next hearing, but they come from different parts of the law, they are decided by different officials, and they are open to different people.
The short version: bond belongs to people held under section 236(a) of the Immigration and Nationality Act (INA), and an immigration judge can review it. Parole under INA § 212(d)(5)(A) is a discretionary decision by the Department of Homeland Security (DHS), in detention usually ICE, and it is often the only route for people the law treats as "applicants for admission," such as travelers stopped at a port of entry. Which section ICE is holding the person under decides which door is open, so that is the first thing to find out.
How immigration bond works
Under 8 U.S.C. § 1226(a) (INA § 236(a)), the government may keep an arrested person detained during removal proceedings or release them on a bond of at least 1,500 dollars, or on "conditional parole." The 1,500 dollars is a statutory floor, not a typical amount; there is no maximum. Release on bond does not by itself give permission to work, and the government can revoke a bond and re-arrest the person (§ 1226(a)(3) and (b)).
ICE decides first. An ICE officer may set a bond, release the person on conditions, or keep them detained. If the person disagrees, they can ask an immigration judge for a custody redetermination, usually called a bond hearing, at any time before a removal order becomes final (8 C.F.R. § 1236.1(d)(1); 8 C.F.R. § 1003.19). The bond hearing is separate from the deportation case and forms no part of it (§ 1003.19(d)).
The judge asks two questions, in order: is the person a danger to the community, and, if not, how likely are they to appear for future hearings? The amount turns mainly on flight risk: a fixed address, how long the person has lived here, family ties, work history, the record of appearing in court, criminal and immigration history, and how they entered. Our guide to immigration bond hearings covers the evidence that matters.
Either side can appeal the judge's bond decision to the Board of Immigration Appeals (BIA) on Form EOIR-26 (BIA Policy Manual 6.3). If ICE had denied release or set a bond of 10,000 dollars or more, DHS can keep the person detained while it appeals by filing a notice that automatically stays the judge's order (§ 1003.19(i)(2)). A new bond request later needs a showing that circumstances have changed materially (§ 1003.19(e)).
Bond is paid to ICE, not to the court. According to ICE's bonds page, a U.S. citizen, lawful permanent resident, law firm or nonprofit can post a delivery bond through ICE's online CeBONDS system by bank transfer; the detained person cannot post their own. The bond agreement is Form I-352. When the case ends and the conditions were met, ICE cancels the bond and refunds a cash bond with interest; if the person fails to appear, the bond is breached and the money is lost.
Who cannot get bond from a judge
An immigration judge can set bond only for people held under § 1226(a). The regulations and recent decisions place several groups outside that power:
- Mandatory detention under § 1226(c). People removable on listed criminal or terrorism grounds must be detained, and the judge cannot redetermine their custody (§ 1003.19(h)(2)(i)(D)). Since January 29, 2025, the Laken Riley Act added people who entered without inspection or lack documents and who are charged with, arrested for, convicted of or admit burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or a crime causing death or serious bodily injury. A judge can still decide, in a Joseph hearing, whether the person really falls into the category (§ 1003.19(h)(2)(ii)).
- Arriving aliens. People stopped at a port of entry cannot get bond from an immigration judge, including those paroled after arrival (§ 1003.19(h)(2)(i)(B)). For them, release is by ICE parole.
- Expedited removal after a credible fear finding. In Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019), the Attorney General held that a person moved from expedited removal to full proceedings after passing a credible fear interview is ineligible for bond and must stay detained "unless he is granted parole." See our asylum lawyer page.
- Arrests while arriving. In Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), the BIA held that an applicant for admission arrested without a warrant while arriving, at a port of entry or not, is held under INA § 235(b) and is not eligible for bond.
People who entered without inspection: the law is changing. In Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), the BIA held that immigration judges lack authority to hear bond requests from people present in the United States without admission, and the judges follow that precedent. As of late September 2026, nine federal courts of appeals had rejected that reading, while the Fifth and Eighth Circuits sided with the government. On October 1, 2026 the Supreme Court agreed to decide the question in Rhoney v. Barbosa da Cunha, No. 26-104. Until it rules, where the person is detained matters: in the nine circuits, a habeas petition in federal district court can lead to a bond hearing. Our bond hearings guide tracks the split circuit by circuit.
How parole works
Parole comes from 8 U.S.C. § 1182(d)(5)(A) (INA § 212(d)(5)(A)). It allows the government, in its discretion, to parole a person applying for admission into the United States temporarily, "only on a case-by-case basis for urgent humanitarian reasons or significant public benefit." Parole is not an admission. When its purpose has been served, the person returns to custody and the case continues like that of any other applicant for admission.
The decision belongs to DHS, not to the immigration judge. The regulation, 8 C.F.R. § 212.5, lists the officials who may grant it, including ICE detention officials, and the groups for whom parole of a detained person is generally justified when they present neither a security risk nor a risk of absconding:
- people with serious medical conditions for whom continued detention would not be appropriate;
- pregnant women;
- certain minors;
- people who will be witnesses in proceedings in the United States; and
- people whose continued detention is not in the public interest.
ICE can attach conditions to parole to make sure the person appears at hearings: a bond on the same Form I-352, proof of community ties such as a relative's address, and periodic reporting (§ 212.5(d)). So parole can involve money too, but the amount is set by ICE, not by a judge. ICE may also add reporting or monitoring, as our guide to immigration detention explains. Parole ends on departure or when its term expires, or on written notice; and under Matter of Q. Li, a person whose parole is ended returns to § 235(b) custody.
A parole request is usually made in writing to the ICE officer handling the case, with proof of identity, the address of a sponsor who will house the person, and evidence of any medical condition or family hardship. There is no form to appeal a parole denial to the immigration judge or the BIA. The usual next steps are a renewed request with new evidence or, in some cases, a habeas petition in federal court.
Do not confuse this humanitarian parole with "conditional parole" under § 1226(a)(2)(B). That is a separate provision, part of the same section as bond, that lets ICE release a person held under § 1226(a) without a money bond.
Bond and parole side by side
| Question | Immigration bond | Parole |
|---|---|---|
| Legal basis | INA § 236(a), 8 U.S.C. § 1226(a) | INA § 212(d)(5)(A), 8 U.S.C. § 1182(d)(5)(A); 8 C.F.R. § 212.5 |
| Who it is for | People held under § 1226(a), not in mandatory detention | Applicants for admission, such as arriving travelers and people in expedited removal who passed a credible fear interview |
| Who decides | ICE first; an immigration judge can review at a bond hearing | DHS (in detention, ICE) only |
| Standard | Not a danger to the community; likely to appear | Case by case, for urgent humanitarian reasons or significant public benefit; no security or flight risk |
| Money | Bond of at least 1,500 dollars, unless released on conditional parole | Not required, but ICE may require a bond as a condition |
| Review | Appeal of the judge's decision to the BIA by either side | No appeal to the judge or the BIA; a new request or, in some cases, federal court |
| Can it be ended? | Yes; the government can revoke a bond and re-arrest | Yes; on notice, and the person returns to custody |
What to do now
- Find the person. Use the ICE Online Detainee Locator System with the A-number, or the full name and country of birth. A new arrest can take time to appear, and people can be moved.
- Find out which law ICE is using. The Notice to Appear, the arrest record and any prior order usually show whether the person is held under § 1226(a), § 1226(c) or § 1225(b). That decides whether to ask for bond, challenge mandatory detention or request parole.
- Gather proof. Identity documents, a sponsor's address, proof of family ties, work and community letters, medical records, and certified court records for any arrest.
- Do not sign papers you do not understand. Some documents give up the right to see a judge.
- Talk to a lawyer quickly. Detained cases move fast. See our immigration bond lawyer page, and our deportation defense lawyer page for the removal case that continues after release.
Frequently asked questions
Is parole the same as an immigration bond?
No. Bond comes from INA section 236(a) and can be reviewed by an immigration judge at a bond hearing. Parole comes from INA section 212(d)(5)(A) and is granted case by case by DHS, in detention usually ICE, for urgent humanitarian reasons or significant public benefit.
Can an immigration judge grant parole?
No. Parole under section 212(d)(5)(A) is a DHS decision. An immigration judge can review custody and set bond only for people held under section 236(a), and cannot redetermine custody for arriving aliens, including those paroled after arrival.
Who usually has to ask for parole instead of bond?
People the law treats as applicants for admission, such as travelers stopped at a port of entry, people arrested while arriving, and people in expedited removal who passed a credible fear interview. Matter of M-S- (2019) holds that the last group stays detained unless granted parole.
Does parole cost money?
Parole does not require a payment by law, but ICE may set conditions to make sure the person appears, including a bond on Form I-352, proof of community ties and periodic reporting. Any such amount is set by ICE, not by a judge.
What can we do if ICE denies parole?
There is no form to appeal a parole denial to the immigration judge or the Board of Immigration Appeals. The usual options are a renewed written request with new evidence, such as medical records or a sponsor's address, or, in some cases, a habeas petition in federal court.
Can bond or parole be taken away after release?
Yes. The government can revoke a bond or conditional parole under section 1226(b) and re-arrest the person. Humanitarian parole can be ended by written notice, and the person returns to custody. Missing a hearing can also lead to a removal order and loss of the bond.
Official sources
- 8 U.S.C. § 1226 — apprehension and detention (bond, conditional parole, mandatory detention)
- 8 U.S.C. § 1182(d)(5)(A) — parole
- 8 C.F.R. § 212.5 — parole of aliens into the United States
- 8 C.F.R. § 1003.19 — custody and bond redeterminations by immigration judges
- 8 C.F.R. § 1236.1 — apprehension, custody and detention
- Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)
- U.S. Immigration and Customs Enforcement — Bonds
- ICE Online Detainee Locator System