If ICE has detained someone you love in Georgia, an immigration bond may get them released while their deportation case continues, but not everyone is eligible, and the rules changed sharply in 2025 and 2026. BCA Law Firm, an immigration law firm in Norcross, helps families in Atlanta, Doraville, Chamblee and across Georgia find detained relatives, request a bond from ICE or an immigration judge, and prepare the deportation defense that follows. Call as early as you can: detained cases move fast.
Office: 700 Holcomb Bridge Road, Norcross, GA 30071
Phone: 678-292-6111
Hours: Monday to Friday, 9:00 a.m. to 6:00 p.m.
What to do in the first hours after an ICE arrest
- Write down the basics: full legal name, date and country of birth, A-number (the 8- or 9-digit number on immigration documents) if they have one, and when and where the arrest happened.
- Gather documents: passport, USCIS receipts or approvals, any Notice to Appear or court notices, and records of criminal cases.
- Tell them not to sign anything they do not understand. Some forms agree to voluntary departure or a removal order and can give up the right to see a judge.
- They can stay silent about their immigration history until they speak with a lawyer, but should never lie or show false documents. If they fear returning to their country, they should say so.
- Start collecting proof of time in the U.S.: leases, pay stubs, tax returns, school and medical records. Since 2025, the government has expanded expedited removal, which can mean removal without a hearing, to people found anywhere in the country who cannot show two years of continuous presence. That policy has been challenged in court, so proof of time in the U.S. matters.
How to find someone in ICE detention
Use the ICE Online Detainee Locator with the A-number and country of birth, or the full name, country of birth and date of birth. A new arrest may not appear for a while, so keep checking. In Georgia, many people are taken to the Stewart Detention Center in Lumpkin, whose cases are usually heard at the Stewart Immigration Court, or the Folkston ICE Processing Center. ICE also transfers people to other states. If the person was first arrested by local police, they may still be in the county jail on an ICE detainer (immigration hold); call the jail.
ICE bond vs. an immigration judge bond hearing
- ICE custody decision: after the arrest, ICE may set a bond, deny bond or release the person on other conditions.
- Bond hearing: if ICE denies bond or sets it too high, the detained person can ask an immigration judge for a bond hearing. The judge decides whether the person is a danger to the community or a flight risk and, if not, sets an amount.
Evidence that helps includes a stable address, letters from family and employers, U.S. citizen or permanent resident relatives, length of time in the U.S., tax and work history, court dispositions showing how any criminal case ended, and a realistic defense to deportation. A lawyer organizes this into a bond packet before the hearing.
How much is an immigration bond?
Federal law sets a minimum bond of $1,500 (8 U.S.C. § 1226(a)). There is no maximum. ICE or the judge sets the amount case by case, based on the person’s history and ties to the community, so there is no typical figure we can promise.
Who is not eligible for bond?
- Mandatory detention for certain convictions. People who are deportable or inadmissible for many drug offenses, firearm offenses, aggravated felonies and some crimes involving moral turpitude must be detained without bond.
- The Laken Riley Act (January 2025). It requires detention of people who entered without inspection or lack valid entry documents (or obtained entry by fraud) and who are charged with, arrested for, convicted of, or admit to theft, burglary, larceny, shoplifting, assaulting a law enforcement officer, or a crime causing death or serious bodily injury. A charge or arrest is enough; no conviction is required. Read our Laken Riley Act update.
- Final removal orders, expedited removal and recent arrivals at the border generally fall under other detention rules without a regular bond hearing.
ICE is holding a green card holder with old misdemeanors
This is common. Mandatory detention can apply to a permanent resident whose conviction falls into one of the listed categories, even if the case is years old and the person was not picked up right after release; the Supreme Court allowed this in 2019 (Nielsen v. Preap). But not every misdemeanor qualifies. Whether an old theft, drug or family violence conviction actually triggers mandatory detention depends on the exact statute, the sentence and the date. If the conviction does not fit, the person can ask the judge for a hearing to challenge the mandatory detention finding and then seek bond. See deportable offenses for green card holders and criminal charges and immigration status in Georgia.
Bond for people who entered without inspection: the 2025–2026 litigation
In July 2025, ICE began treating people who entered without inspection as “applicants for admission” who are not eligible for bond, no matter how long they had lived in the U.S. In September 2025, the Board of Immigration Appeals adopted that position in Matter of Yajure Hurtado, 29 I&N Dec. 216.
Most federal courts disagreed. On May 6, 2026, the Eleventh Circuit Court of Appeals, which covers Georgia, held in Hernandez Alvarez that this no-bond rule does not apply to people arrested inside the country, so they are eligible for a bond hearing. Other circuits have split, and on October 1, 2026, the U.S. Supreme Court agreed to decide the question in Rhoney v. Barbosa da Cunha (No. 26-104). As of October 10, 2026, no argument date has been set. Until the Court rules, a person detained in Georgia who entered without inspection may still need a federal habeas corpus petition to get a bond hearing. Because this changes quickly, have a lawyer review the case right away.
Separate federal court orders also protect some detained people with pending U visa, T visa or VAWA petitions. See our update on class-wide protections for U, T and VAWA petitioners facing ICE detention.
How to pay an immigration bond
- Cash bond through ICE: the full amount is paid, usually online through ICE’s CeBONDS system by bank transfer (ACH or Fedwire). The person who posts it (the “obligor”) must be a U.S. citizen or permanent resident, or a law firm or nonprofit, and must show ID.
- Surety bond: a bond company posts the bond in exchange for a fee that is not refunded, and may ask for collateral.
The obligor should keep every receipt and keep their address current. A cash bond is generally refunded after the case ends and ICE cancels the bond, as long as the person attended every hearing and complied with all conditions. If they miss a hearing, the bond can be forfeited.
Conditions of release and what happens next
Release on bond does not end the deportation case. ICE may also require check-ins, an ankle monitor or a phone app under its Alternatives to Detention program. The released person must attend every immigration court hearing, report any change of address to the court and ICE, and prepare a defense, such as cancellation of removal, asylum, adjustment of status through a relative or a waiver. Learn more on our deportation defense lawyer page.
Immigration bond and detention FAQ
Do I need an immigration detention lawyer?
Detained people have the right to a lawyer in immigration court, but the government does not pay for one. A lawyer can determine whether bond is available, request the hearing, prepare evidence and, where needed, file a habeas petition in federal court.
Do you help families in Doraville and Chamblee?
Yes. Our Norcross office is close to Doraville and Chamblee, and we represent clients at the Stewart Immigration Court in Lumpkin and the Atlanta Immigration Court. Consultations are also available online.
How fast is a bond hearing?
It depends on the court’s calendar and whether the person is eligible. Detained cases are prioritized, so be ready with documents as soon as possible.
En español
Read our Spanish guides: Fianza de inmigración: cómo funciona and Qué hacer si ICE detiene a un familiar.
Consultations
A consultation is a 30-minute appointment for $175, at our Norcross office or online. Have the detained person’s full name, date of birth, country of birth and A-number ready.
Book a consultation online or call 678-292-6111.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
