Pay Up or Else: Immigration Bond and How a Small Procedural Change Could Liberate Immigrant Detainees

Abstract

On any given day, thousands of immigrants are detained while they await their day in court. While there are procedures in place that would allow them to be released on bond, many immigrants who are granted bond remain detained due to their inability to pay. This is partially because immigration judges are not required to consider an immigrant’s financial situation when setting bond. A recent decision from the Ninth Circuit requires immigration judges to consider an immigrant’s financial situation when setting bond. This decision has both policy and legal merit and could result in the liberation of thousands of immigrants.