In recent months, many people have been detained by immigration and are in a very difficult situation: They are not eligible for bail. This has been especially true since the Board of Immigration Appeals (BIA) changed the rules, limiting the ability to request bail for those who They entered without inspection are considered “arriving aliens.” But all is not lost. Even if you cannot request bail before a judge, Yes, legal alternatives do exist to get out of detention or stop a deportation. Here, we'll explain what they are and how they can help you.

Who does not qualify for an immigration bond?

Not all detained persons can request bail. Among those do not qualify, are:

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

In these cases, the judge does not have the authority to grant bail. However, there is other legal avenues.

What options are available for getting out of jail if there is no bail?

1. Humanitarian parole or parole in the public interest

The parole it is a probation which can be requested directly from ICE or ERO (Office of Detention and Deportation). 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 for it if, for example:

• You have a serious illness.
• Do you have minor relatives or dependents who need your care?.
• You have been a victim of abuse, violence, or human trafficking.

Each application must be accompanied by substantive evidence and letters of support.

2. Habeas Corpus

The habeas corpus is a legal tool that is filed with a federal court when a person has been detained for too long or their detention is unjust. It is basically a way of telling the government: “Explain why this person is still detained.” A federal judge can order the release of the detainee if they consider that the detention violates the law or constitutional rights. This remedy must be prepared by a lawyer with experience in federal litigation.

3. Applications for immigration relief filed in court

Even if you are not eligible for bail, Your case is still open and you can defend yourself in court. Some common options are:

• 10-Year Rule (42B): if you have been in the U.S. for more than 10 years, have resident or citizen family members, and demonstrate good moral character.
• VAWA Cancellation or Self-Petition Under VAWA: if you were abused by a U.S. citizen or resident.
• Asylum or Withholding of Removal: if you fear persecution or violence in your country.
• Deportation suspension or case reopening: if there is new evidence or a change in your situation.

These requests can temporarily stop your deportation and, in some cases, lead to permanent residence.

 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 a pending application (such as asylum, VAWA, U visa, or T visa), ICE and judges usually consider 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 being decided.
• Show evidence of good faith and collaboration with the legal process.

Furthermore, if ICE reviews your situation and sees that you already have a case pending, you are less likely to be targeted for deportation, especially if your case has a solid foundation. That's why it's so important Seek legal advice before an arrest occurs, to determine if you are eligible for any benefits and Submit your case as soon as possible.

Can you apply for a VAWA or T visa while in detention?

Yes. Even though it may seem impossible, an individual detained by immigration can indeed submit an application for immigration relief such as VAWA, U Visa, or T Visa, if you meet the requirements. VAWA (Violence Against Women Act) Allows victims of abuse by a citizen or resident to apply for their own status without depending on the abuser. Even if you are detained, your attorney can submit the application to USCIS with the necessary evidence. T Visa (victims of human trafficking): It protects those who were subjected to labor or sexual exploitation in the U.S. If you file a T visa application, your attorney may request parole or temporary release while the case is being decided. U Visa (crime victims): If you were the victim of a serious crime in the U.S. and cooperated with the police, you can apply for this visa—even while in custody—if you have access to the relevant documents and certification from the authorities. In all these cases, having a pending application can help stop deportation and, in some cases, Open the door to the residence.

¿What can family members do from the outside?

If you have a loved one who has been detained by immigration authorities, There are important steps you can take:

1. Gather your information: full name, A number, detention center.
2. Contact an immigration attorney with experience in detention cases.
3. Keep copies of everything you have signed or received.
4. Don't sign anything without understanding it.
5. Ask if it's possible to request a parole or an urgent motion for his release.

How long can someone be detained by immigration authorities?

It depends on the type of case and whether there are any pending appeals. In theory, Detention should not be extended more than 6 months without judicial review, but in practice, some cases take longer. If a person has been detained for a long time without a valid reason, the attorney may file a habeas corpus to request his release.

Why is it important to act quickly?

Porque cada día en detención cuenta. Cuanto antes se revise el caso y se analicen las opciones legales, más posibilidades hay de evitar una deportación o lograr una liberación bajo parole. Además, tener representación legal puede marcar la diferencia entre ser deportado o recuperar la libertad. No tener derecho a fianza no significa que todo esté perdido. Existen mecanismos legales como el parole, el habeas corpus o los alivios humanitarios que se pueden presentar incluso desde la detención. 

Con ayuda legal, muchos inmigrantes han logrado salir de detención y seguir peleando sus casos desde libertad. En Eagan Immigration, ayudamos a familias a revisar sus opciones y actuar rápido ante una detención migratoria. Llámanos al 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.

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