Visual Overlay

Donate Today!

Give now to protect immigrants and defend immigrant rights!

A Guide to Obtaining Release from Immigration Detention

Practice Advisory
Issue area
Detention
Removal Defense
Audience
Attorney
Published: May. 28, 2024

Please note: This resource has NOT been updated to incorporated changes to detention law made by the 2025 Laken Riley Act.

The purpose of this guide is to provide practitioners with a comprehensive resource for representing adult clients detained by DHS in immigration court bond proceedings. The guide covers the following topics:

  • An overview of immigration detention
  • The different legal authorities governing immigration detention and corresponding strategies for seeking release
  • An overview of bond hearing procedures in immigration court
  • The nuts and bolts of preparing for and representing a client during an immigration court bond hearing
  • Appeals of immigration court bond decisions to the Board of Immigration Appeals.