Immigration Courts Bail Reform Act

Immigration Courts Bail Reform Act

This bill amends the Immigration and Nationality Act to eliminate the minimum bond amount needed to release a detained alien.

An immigration judge may review an initial custody determination for an adult alien, subject to specified rules, which include the following:

• the Department of Homeland Security (DHS) shall, within 72 hours, file the notice to appear or charging document with the appropriate immigration court and serve such notice on the detained alien;
• except for criminals or suspected terrorists, DHS may continue to detain an alien only if no conditions will reasonably assure the alien's appearance and the safety of any other person and the community;
• the Department of Justice shall ensure that an alien has the opportunity to promptly appear before an immigration judge for a custody redetermination hearing;
• except for criminals or suspected terrorists, an immigration judge shall review the custody determination de novo and may continue to detain the alien only if DHS demonstrates that no conditions will reasonably assure the alien's appearance and the community's safety;
• DHS and an immigration judge shall order an alien's release on personal recognizance or upon an unsecured appearance bond unless such release will not reasonably assure the alien's appearance or the community's safety;
• if DHS or an immigration judge determines that such release will not reasonably assure the alien's appearance or such safety, DHS or the immigration judge shall order the alien's release under the least restrictive conditions that will assure the alien's appearance and the community's safety;
• DHS or an immigration judge shall consider the alien's financial ability in determining whether to impose a bond as a condition of release; and
• DHS or an immigration judge may not impose a financial condition that results in an alien's detention.