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Being detained by United States immigration officers is a scary experience for anyone. The uncertainties of what happens next and the repercussions you may face can create a whirlwind of confusion, fear, and frustration.

One option to get out of the detention facility is to pay a designated amount of money to be freed. However, although paying a bond may provide temporary respite, future court proceedings are mandated following release. If you do not attend future court hearings, the bond will immediately be revoked and the government may take action.

However, in some instances the Immigration and Customs Enforcement (ICE) may incorrectly subject an individual to mandatory detention and may not set a bond at all.

Our clients, that our immigration attorneys have freed, have said that while in detention no one is there to help you. No one tells you what your options are or how to get help. You are vulnerable to those that will take advantage of your situation. Getting out of the detention facility and back home to your family should remain a top priority. A passionate Oak Brook immigration bond lawyer can be pivotal in cases like these. En Español.

The Role of the Illinois Trust Act in Immigration Bond Cases

Illinois signed the Trust Act into law in 2017, a monumental system designed to defend undocumented Illinois residents. This law prohibits local government officials to stop, search, or arrest an individual based solely on their immigration status. Moreover, officials can not detain undocumented residents without a judicial warrant.

To clarify the limited role on immigration enforcement actions, the Trust Act was devised to preserve state funds by separating local officials from the work of federal immigration agencies and protect all Illinois immigrants and nonimmigrants alike. Although this may seem like a protective barrier, it does not assure that undocumented residents will not be detained. Ultimately, there are several steps a person and their Oak Brook immigration bond attorney must take to obtain permanent lawful residency, and failure to do so may result in detainment.

Essential Bond Hearing Facts in Oak Brook

When a person is detained, immigration officials will transport them to the courtroom for a hearing. Security guards then inform the person when the hearing will begin, along with advising them that no interaction will occur with family members during the proceedings and that they may only speak with their legal representative.

The immigration judge will review the immigration status in the United States and determine eligibility for a bond. Ultimately, it is up to the immigration judge’s discretion to grant the bond. The judge will typically weigh any evidence on file to determine whether the individual is a danger to the United States. A judge will look to see whether the individual is a flight risk or a danger to the community. Some factors that impact this decision may include:

  • Whether the person owns a home in the United States
  • Whether the person is currently employed
  • Qualification for any forms of relief from removal such as asylum or marriage-based green card

During the bond hearing, the judge will begin to question the individual’s employment status, past criminal history, and family ties. The attorney can respond to these questions based on their client’s case and information gathered.

It is important to note that the Department of Homeland Security (DGS) may object to the bond amount given by the judge, assuming a bond amount has been set. They may suggest a higher amount, which an Oak Brook immigration bond attorney could fight against.

In most cases, you only have one chance to proceed forward on a bond hearing. Speaking to a qualified immigration attorney is important so that you can present your strongest arguments at a bond hearing.

Meeting with a qualified immigration attorney is beneficial even when bond has been denied by ICE or by an immigration judge. An immigration judge can reassess bond if you can show changed circumstances.

How an Oak Brook Immigration Bond Attorney Can Help

Taking away a beloved family member and placing them in a detention center can be a terrifying experience for anyone. The fear of being removed from the United States and forfeiting any bond amount can impact a family’s financial state and well-being.

Analyzing the best possible course of action with a skilled Oak Brook immigration bond lawyer can provide you with a better chance at a positive resolution. Contact us today to set up a consultation.

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Illinois State Bar Association
American Immigration Lawyers Association