The bond refers to money paid to secure a detained foreign national’s release that guarantees the government that, once out of detention, the bonded individual will attend all immigration court hearings. After ICE detains a foreign national, ICE sets the bond amount, assuming the person is eligible for a bond. The bond amount is based on a “risk classification assessment,†which measures the risk to public safety and the risk of flight posed by the particular individual. If the foreign national can afford to pay the bond amount set by ICE, the individual will be released upon payment. If the individual cannot afford to pay the bond amount set by ICE, he or she can request that the immigration judge review and lower the bond amount. 8 CFR §§ 236 and 1003.19(a).
Such review takes place in the context of a bond proceeding, which the regulations require to be “separate and apart†from the individual’s removal proceedings. Id. § 1003.19(d); see also Matter of Chirinos, 16 I&N Dec. 276 (BIA 1977). The standard that applies during bond proceedings and that factors into the decision of whether the foreign national merits a lower bond is whether the foreign national’s “release pending case proceedings will pose a danger to the safety of individuals or property and whether the alien is likely to appear for any scheduled proceeding.†Matter of Drysdale, 20 I&N Dec. 815 (BIA 1994). In addition, the immigration judge must consider evidence establishing the significant implication of national security interests in cases involving foreign nationals seeking to enter the United States illegally—a matter of D-J-, 23 I&N Dec. 572, 575 (A.G. 2003).
