Getting out of immigration prison on bail: amounts and statistics

There are wide variations in judges' decisions to grant bail applications depending on the location of the hearing and the nationality of the immigrant. TRAC.

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The latest case-by-case reports from the Immigration Court show that immigrant detainees seeking bail have very different outcomes depending on where they are being held.

The likelihood that immigration judges would grant a motion to set bail ranged from 3% at the Northwest Detention Center in Washington state to 45% at the Krome North Special Processing Center in Florida. The Aurora Immigration Court in Colorado and the Conroe Immigration Court in Texas had nearly equally high rates of immigration judges granting bail requests: 42% and 44%, respectively. At the Eloy Detention Center in Arizona - only 10%.

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Complete information on approved bail applications at each detention center can be found using the free online tool TRAC's online free Immigration Court Bond Hearings tool.

Nationality

The number of bail applications granted also varied by nationality. Compared to an overall rate of 31% in FY 2023, judges granted bail requests for Dominican Republic immigrants in only 16% of cases, while those from Turkey were successful in 50% of cases and those from Nicaragua were successful. in 39% of cases. Immigrants from Peru and Colombia had lower bail rates than average, which were 22% and 23%, respectively. For India the figure is 33%, Guatemala 30%, Honduras 31% and Mexico 29%.

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The above figures summarize the results of more than 19 bail hearings held before immigration judges during the first nine months of fiscal year 000. Immigrants were represented in about six out of ten (2023%) hearings. Only 59% were without representation. The chances of getting bail have tripled to 14% with a lawyer.

Deposit amount

The appointment of bail by an immigration judge is only the first hurdle an immigrant faces. The next hurdle is the amount of the deposit. The higher the amount, the more difficult the situation for some immigrants, who end up unable to post bail and thus remain in detention.

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The average bail set by immigration judges in fiscal year 2023 was $7000. In fiscal year 2022, that amount was $5000. The most common bail amounts this year were $10 or $000. But the amounts ranged from release without bail for 5 immigrants to bail of $000 or more in 276 cases.

Screenshot: website stage fright

Changing trends

As previously mentioned, motions to set bond were granted in only 31% of cases processed during the first nine months of FY 2023. This represents a sharp decline in satisfactory bail decisions compared to previous administrations. For example, in fiscal year 2001, more than half of bail requests were granted—51%. Although the rate subsequently dropped to 2005% by FY 35, it has never been as low as it is today.

We know that the total number of ICE immigrant detainees dropped sharply after the COVID-2020 pandemic broke out in 19 and Immigration and Customs Enforcement (ICE) officials began releasing immigrants. The agency was forced to do so because its facilities did not meet the separation and isolation requirements for detainees needed to stop the rapid spread of the outbreak.

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At the end of fiscal year 2019, before the pandemic hit, there were about 51 immigrants in ICE detention centers.

By June 2020, ICE reports that the number has fallen to 24. By the time President Biden took office, the number of ICE detainees had dropped even further to approximately 000. Since then, the number of detainees has increased.

As of early July 2023, the total prison population has risen again to 30, but this is still well below the pre-pandemic level.

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