Immigration Bond Hearings in Louisiana: Getting Released from ICE Detention

By Donald J. Melancon, Attorney at Law · Last reviewed August 26, 2026

Louisiana houses one of the largest concentrations of immigration detention in the country. Facilities in Jena, Basile, Pine Prairie, Winnfield, Monroe, and elsewhere hold people transferred from across the United States, and their cases are heard by immigration judges in Louisiana. For families, the first and most urgent question is almost always the same: can this person get out on bond? This article explains how the answer is reached.

Two different bond decisions

ICE goes first. When Immigration and Customs Enforcement takes someone into custody, it makes an initial custody determination: release on recognizance, release on bond in an amount ICE sets, or continued detention with no bond. That decision is made by an officer, often with little information about the person’s life.

The immigration judge can review it. A detained person who is eligible may ask an immigration judge to review ICE’s decision in what is called a bond redetermination hearing. The request can be made in writing or orally in court, and it is a separate proceeding from the removal case itself. A judge can lower the bond, set a bond where ICE set none, or deny release. The minimum bond an immigration judge can set is $1,500; amounts of several thousand dollars or more are common.

Who is not eligible for a bond hearing

This is where the law has become genuinely unsettled, and where careful advice matters most.

Certain criminal history. Federal law makes detention mandatory, with no immigration judge bond, for people with specified criminal convictions — broadly, aggravated felonies, many drug offenses, firearms offenses, and certain other crimes. The Laken Riley Act, signed in January 2025, expanded mandatory detention to cover people charged with or arrested for theft-related offenses, shoplifting, burglary, assault on a law enforcement officer, and crimes resulting in death or serious bodily injury, even without a conviction. Whether a particular offense triggers mandatory detention is a technical question that often has an answer different from what the charge sounds like.

“Arriving aliens.” People who presented themselves at a port of entry and were referred for removal proceedings generally cannot get a bond hearing from an immigration judge; their only avenue is a request to ICE for parole.

People who entered without inspection — the 2025 shift. For decades, a person who crossed the border without inspection and was later picked up inside the country could ordinarily ask an immigration judge for bond. In 2025 the government changed its position, and in September 2025 the Board of Immigration Appeals held in a precedent decision that immigration judges lack authority to grant bond to people who entered without inspection, treating them as subject to mandatory detention as “applicants for admission.” Immigration judges are bound by that decision. A large number of federal district courts, however, have disagreed and ordered bond hearings in individual habeas corpus cases. As of this writing the issue is being litigated in the federal courts of appeals, and the practical answer for a given person depends on their entry history, where they are detained, and what the courts have most recently said. Anyone told that a family member is “no bond” solely because of how they entered should have that reviewed, because a federal court petition may be available even when the immigration court’s hands are tied.

What the judge decides

When a bond hearing is available, the detained person carries the burden of showing two things: that they are not a danger to the community and that they are not a flight risk — that they will show up for future hearings. Judges consider factors that include:

• A fixed address and length of residence in the United States;
• Family ties, especially U.S. citizen or lawful resident spouses, children, and parents;
• Employment history;
• Any criminal record, including arrests and pending charges, and evidence of rehabilitation;
• Immigration history, including prior removals, missed hearings, or use of false documents;
• Manner of entry and how long ago it occurred;
• Eligibility for some form of relief from removal, which gives a person a reason to appear; and
• Financial ability to post a bond.

Danger is considered first. If the judge finds the person a danger, the inquiry ends and no bond is set regardless of how strong the ties are.

The bond packet

Bond hearings are won on paper assembled quickly. A typical submission includes a declaration from a sponsor who has lawful status, with proof of that status and of the address where the person will live; letters from family members, employers, clergy, and community members; proof of employment and tax filing; evidence of the U.S. citizen or resident family members; certified court dispositions for any arrest, showing the outcome; proof of completed treatment or classes if relevant; and evidence supporting any application for relief. Letters should be specific and signed, and the sponsor should be prepared to appear or be reachable. Everything in a language other than English needs a certified translation.

After the decision

Either side can appeal a bond decision to the Board of Immigration Appeals, and the government sometimes does so. Because circumstances change, a person denied bond can generally ask again later if there has been a material change — for example, a criminal charge being dismissed or a new relief application being filed.

Bond is paid to ICE, not to the court. The person paying (the obligor) must have lawful immigration status and identification, and payment is made through ICE’s online bond system or in person at an ICE office. The money is returned at the end of the case, with interest, if the person complied with every hearing and any final order — which is why the obligor should keep the receipt and update ICE with any change of address. Commercial immigration bond companies exist but charge substantial non-refundable premiums and often require collateral.

Release is not the end

Being released on bond means the removal case proceeds on the non-detained docket, usually with a change of venue to the immigration court nearest the person’s new address. Missing a hearing after release forfeits the bond and typically results in an in absentia removal order. See our articles on what happens at a master calendar hearing and remote immigration hearings for what comes next.

For purposes of compliance with the Louisiana Rules of Professional Conduct, the attorney responsible for this content is Donald J. Melancon (105 Field Street, Belle Chasse, Louisiana 70037).