Can’t Afford Your Immigration Bond? Alternatives for Immigrants Held by ICE in California

An immigration judge set a bond. That should mean release is coming. But when the bond amount is $10,000, $20,000, or even $100,000, most families cannot come up with that kind of money. The result is that thousands of people across California remain in ICE custody, not because a judge determined they are dangerous or a flight risk, but because the bond is set so high as to make it impossible to actually obtain release.

If you cannot afford your immigration bond in California, there are alternatives. Bond funds, nonprofit assistance, surety bond companies, and legal strategies to reduce the bond amount can all help.

How Immigration Bonds Work

An immigration bond is a financial guarantee that a person released from ICE custody will attend all future immigration court hearings. It functions similarly to bail in the criminal justice system.

There are two main types:

• Delivery bond: Allows release from custody on the condition that the person appears at all future hearings. The minimum amount is $1,500, but in practice, amounts in 2026 typically range from $5,000 to $20,000+ for people without criminal histories. Amounts of $20,000 to $35,000 and upwards are common for people with prior immigration violations or criminal records.
• Voluntary departure bond: Set when a person agrees to leave the country voluntarily by a specific date. Amounts typically range from $500 to $5,000.

The bond amount is paid by a “sponsor” or “obligor,” who must be over 18 and have legal status in the United States. The person being held cannot pay their own bond.

As of 2025, nearly all bond payments are processed through the CeBONDS electronic payment portal, ICE’s digital system that replaced in-person payments at most field offices. The sponsor must pass an identity verification process through the Okta system, which includes security questions and multi-factor authentication.

• If the person attends all required hearings and complies with all court orders, the bond money is returned at the conclusion of the case, minus a small administrative fee.
• If they fail to appear, the full amount is forfeited.

Immigration Bond Alternatives in California

1. Immigration Bond Funds

Bond funds are nonprofit organizations that pay immigration bonds for people who cannot afford them.

Several operate in California:

• NorCal Resist (formerly the Bay Area Immigration Bond Fund) operates in Northern California and pays bonds for people held in ICE facilities. They are community-led and focus on supporting individuals who have no other means to pay. Visit norcalresist.org for more information.
• Border Angels’ Familias Reunidas Bond Program provides up to $5,000 in bond assistance for individuals held in ICE facilities in California who do not have criminal records. They have helped over 138 people since November 2024 at facilities including Otay Mesa, Adelanto, and Imperial Regional. More information at borderangels.org.
• National Bail Fund Network maintains a directory of immigration bond funds across the country. Visit bailfunds.github.io to search for organizations that may be able to help.

Bond funds typically have limited resources and eligibility criteria. Most prioritize individuals without serious criminal convictions and who have a reasonable chance of winning their immigration case.

2. Surety Bond Companies

If you cannot pay the full bond amount in cash, an immigration surety bond company can post the bond for a nonrefundable fee, typically 15% to 20% of the bond amount.

On a $15,000 bond, that means roughly $2,250 to $3,000 upfront. The sponsor may need to provide collateral. The bond company guarantees to ICE that the person will appear at all hearings.

Be cautious with bond companies. Some charge excessive fees or impose predatory terms. Look for companies with clear terms, upfront pricing, and a California license.

3. Request a Bond Reduction

If the original bond amount is too high, your attorney can file a motion asking the immigration judge to reduce it.

Bond reduction motions are appropriate when:

• Your circumstances have changed since the bond was set (for example, you now have additional family ties, employment secured upon release, or stronger evidence in your underlying case)
• The original bond amount was set without a full presentation of evidence
• The bond amount is disproportionate to the flight risk and danger factors in your case

Judges can also reconsider bond amounts at subsequent hearings. If new evidence shows that a lower bond is appropriate, the judge has discretion to reduce it.

4. Request Release on Recognizance or an Order of Supervision

In some cases, it may be possible to request that ICE release someone on their own recognizance (OR) or under an Order of Supervision (OSUP), which means release without paying money, subject to conditions like regular check-ins, electronic monitoring, or surrendering a passport.

These alternatives are less commonly granted under the current administration but remain legally available, particularly for individuals with serious medical conditions, primary caregivers for minor children, or people with strong immigration cases.

Your attorney can request OR or OSUP from the ICE deportation officer or through a bond hearing.

5. Community Fundraising

Many families turn to their communities for help raising bond funds. Churches, community organizations, mutual aid networks, and online fundraising platforms have all been used to cover immigration bonds.

If you go this route:

• Be transparent about the purpose of the fundraiser
• Keep records of all donations for accountability
• Designate a single person to handle the bond payment process
• Remember that the sponsor must have legal status and pass identity verification through CeBONDS

6. Challenge Your Custody Entirely

Depending on your case, it may be possible to challenge the legal basis for your custody rather than trying to pay the bond.

Grounds include prolonged custody without a constitutionally adequate bond hearing, incorrect mandatory custody classification, a bond set so high that it amounts to “constructive custody,” or custody after case termination with no final removal order.

These challenges are typically brought through habeas corpus petitions in the federal district court.

The Immigration Bond System Is Broken

There are no binding guidelines for how much bond should be. A person in one court might receive a $5,000 bond while someone with nearly identical circumstances in another court gets $25,000.

The government’s own Alternatives to Detention program costs less than $4.20 per day and is equally effective at ensuring court appearances, while physical custody costs roughly $152 per day.

Take Action Now

If you or a loved one is being held by ICE in California and cannot afford bond, do not assume there are no options. Contact an immigration attorney to evaluate your case and explore the alternatives above.

Time matters. Every day in custody is a day separated from family, a day of lost wages, and a day that makes defending your immigration case harder.

Reach out to a bond fund, consult with an attorney about a bond reduction, or explore legal challenges to your custody. The system will not volunteer these options. You have to pursue them.

This article is for informational purposes only and does not constitute legal advice. Immigration law changes frequently, and individual circumstances vary. If you need legal guidance, consult with a qualified immigration attorney. Nothing in this post creates an attorney-client relationship.