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Mandatory Detention of Immigration Violators

Not all noncitizens who come into the custody of Immigration and Customs Enforcement (ICE) can be released on bond (bail). An immigration detainee cannot be released on bond while awaiting his hearing in immigration court if he has been convicted of certain crimes and has been taken into immigration custody,

Under Immigration and Nationality Act section 236 (c), crimes requiring mandatory detentions are:

  1. Crimes involving moral turpitude, except for
    1. a misdemeanor where the maximum sentence possible in less than 365 days and the actual sentence received by the person is less than 6 months, or
    2. the conviction was as a juvenile and the alien has been released from confinement for more than 5 years
  2. Controlled substance violations
  3. Multiple convictions of any type if aggregate sentence is 5 years or more.
  4. If the officer has reason to believe that the person is a controlled substance trafficker or a family member who receives benefit, that person is covered by the mandatory detention even if there is no conviction.
  5. In additions, there are other crimes which make the detainee unable to bond out. Among these crimes are prostitution crimes, firearms offences, traffickers in persons, espionage, money laundering and more.

If you qualify to ask for bond, your attorney will set a bond determination hearing for you.  When determining the amount of the bond or whether to grant bond, a judge determines if you pose a danger to the community and whether you are likely to appear for your hearing.  A judge will consider family ties in the United States and employment history.