In recent months, many people have been detained by immigration and are in a very difficult situation: they are not entitled to bond.
This has been especially true since the Board of Immigration Appeals (BIA) changed the rules, limiting the possibility of requesting bond to those who entered without inspection or are considered “arriving aliens.”

But all is not lost. Even if you can’t ask for bond before a judge, there are legal alternatives to getting out of detention or stopping deportation.
Here we explain what they are and how they can help you.

 Who does not qualify for immigration bond?

Not everyone in custody can apply for bail. Among those who do not qualify are:

• People who entered without a visa or without inspection.
• Those with certain felonies.
• Those who have a previous deportation order.
• And the so-called “arriving aliens”, that is, those who were arrested upon arrival in the country or shortly after entering.

In these cases, the judge does not have the authority to grant bail. But there are other legal paths.

What options are there to get out of detention if there is no bond?

1. Humanitarian or public benefit parole

Parole  is parole  that can be applied for directly to ICE or ERO (Enforcement and Removal Operations). Although the Department of Homeland Security (DHS) has restricted its use this year, it remains a viable option for medical, family, or humanitarian reasons.

You can apply if, for example:

• You have a serious illness.
• You have minor family members or dependents who need your care.
• You have been a victim of abuse, violence or trafficking.

Each application should be accompanied by solid evidence and letters of support.

2. Habeas Corpus

Habeas corpus is a legal tool that is filed in federal court when a person has been detained for too long or their detention is unjust. It’s basically a way of saying to the government, “Explain why this person is still detained.”

A federal judge may order the detainee’s release if he or she finds that the detention violates the law or constitutional rights. This appeal should be prepared by an attorney with experience in federal litigation.

3. Requests for Immigration Relief Within the Court

Even if you are not entitled to bail, your case is still active and you can defend yourself in front of a judge.
Some common options are:

• 10-Year Law (42B): If you have been in the U.S. for more than 10 years, have a resident or citizen family and demonstrate good moral character.
• VAWA Cancellation or VAWA self-petition: if you suffered abuse by a citizen or resident.
• Asylum or Withholding of Removal: if you fear persecution or violence in your country.
• Stay of deportation or reopening of case: if there is new evidence or a change in your situation.

These applications can temporarily halt your deportation and, in some cases, lead to permanent residency.

 Why is it important to have a pending case?

Having a pending immigration case can make a big difference if you are detained. When a person has an open application (such as asylum, VAWA, U visa, or T visa), ICE and judges typically find that there is a legitimate interest in the country, which can help to:

• Avoid immediate deportation.
• Request the suspension of the departure order while the case is decided.
• Show evidence of good faith and cooperation with the legal process.

Additionally, if ICE reviews your situation and sees that you already have a case pending, you are less likely to be prioritized for deportation, especially if your case has strong foundations.

That’s why it’s so important  to seek legal counsel before an arrest occurs, to determine if you qualify for any benefits and to file your case as soon as possible.

Can you apply for VAWA or T Visa from detention?

Yes. Although it may seem impossible, a person detained by immigration can file an application for immigration relief such as VAWA, U Visa or T Visa, if they meet the requirements.

🔹 VAWA (Violence Against Women Act):
Allows victims of abuse by a citizen or resident to apply for their own status without relying on the abuser. Even if you are detained, your attorney can send the application to USCIS with the necessary evidence.

🔹 T Visa (Victims of Human Trafficking):
Protects those who were labor-or sexually exploited in EE.UU.Si a T Visa application is filed, your attorney can ask for parole or temporary release while the case is decided.

🔹 U visa (victims of crime):
If you were a victim of a serious crime in the U.S. and collaborated with the police, you can apply for this visa, even from detention, if you have access to the documents and certification from the authorities.

In all of these cases, having a pending application can help stop deportation and, in some cases, open the door to residency.

What can relatives do from the outside?

If you have a loved one in immigration detention, there are important steps you can take:

1. Gather their information: full name, A-number, detention center.
2. Contact an immigration attorney with experience in detention.
3. Keep copies of anything you signed or received.
4. Don’t sign anything without understanding it.
5. Ask if it is possible to apply for parole  or an urgent motion for release.

How Long Can Someone Stay Detained by Immigration?

It depends on the type of case and whether there are any appeals pending. In theory, detention should not last more than 6 months without judicial review, but in practice some cases last longer. If the person has been detained for a long time without a valid reason, the lawyer can file a habeas corpus petition to request his or her release.

Why is it important to act fast?

Because every day in detention counts.
The sooner the case is reviewed and legal options are discussed, the better chance there is of avoiding deportation or achieving a release under parole. Additionally, having legal representation can make the difference between being deported or regaining freedom.

Not being entitled to bail does not mean that all is lost.
There are legal mechanisms such as parole, habeas corpus or humanitarian relief that can be presented even from detention. With legal help, many immigrants have managed to get out of detention and continue fighting their cases from freedom.

At Eagan Immigration, we help families review their options and act quickly in immigration detention.
📲 Call us at 202-709-6439 for a free case evaluation of you or your detained family member.

⚖️ This article is for informational purposes only and does not constitute legal advice.