Can immigrants post bail when they're in a detention center?

On behalf of Immigration & Nationality Law Group posted in Immigration Detention on Thursday, August 15, 2019.

Citizens who get arrested in the United States can often post bail in order to get out of jail. They then have to return for a court date, but they can spend the time waiting at home, rather than behind bars. This is a very common practice for most non-violent crimes.

Is the same true for immigrants who get detained? Can they also post bail and get out of the detainment centers?

Not always. In some cases, they can actually be held indefinitely. This can create some serious problems as those who have not actually been convicted of a crime find themselves with no idea what they should do next.

However, this practice has led to overcrowding. Some judges are allowing immigrants to post bail to clear out space and give them the opportunity to move forward with their own lives. One court ruling allowing bail applied to those who had come to America to seek asylum.

There is a catch here, though. The amount of bail varies widely from case to case. It can run from $1,500 to more than $80,000. Even if family members want to help get loved ones out of jail, they may simply not have the financial means to do it.

As you can see, this is a complex issue. Not everyone has the same options or faces the same issues when they are detained. That's why it's so important for those being held in detention centers to know what legal options and rights they have in their specific situations. An experienced immigration attorney can help.