The DHS has the authority to arrest and detain aliens who may be removable or inadmissible pending a decision on whether the alien should be removed/deported. These aliens may be held at DHS processing facilities or any private or public detention facility contracted by the DHS to detain aliens. After the alien has been detained, the DHS has the authority to release many aliens on payment of a bond set by the DHS.
A bond is a monetary deposit the alien will make to ensure that alien attends the removal proceedings and, if ordered, complies with a deportation order. If the alien complies with the bond requirements, the bond amount will be returned to alien at the end of the proceedings. While the DHS initially sets this bond amount, certain aliens have the right to request a "bond hearing" where an immigration judge will redetermine the amount of the bond. Even if the alien has already paid the initial bond set by the DHS and is released from custody, the alien may still be able to request a "bond hearing" to adjust that amount. However, aliens convicted of certain crimes or terrorist activities will ineligible to be released on bond. Thus it is important to contact an immigration attorney prior to accepting and plea bargain deals or pleading guilty to any crimes.
During a bond hearing an immigration judge will determine if the alien is eligible for a bond. If eligible, the Immigration judge will consider the following factors in setting the bond: whether the alien’s release would pose a danger to property or persons, whether the alien is likely to appear for further immigration proceedings, and whether the alien is a threat to national security. Under certain circumstances the alien has the ability to appeal the immigration judge’s decision at the bond hearing to the Board of Immigration Appeals.