Immigration Bonds in California and How They Differ From State Bail

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

A loved one is in immigration detention and someone told you to get a bond. Or a person was arrested on a state charge, posted bail, and is still not coming home because of an immigration hold. These are two different systems, and mixing them up costs families time and money.

This guide explains the difference in plain words. It is general information about federal law, not advice for any one person, and immigration cases are complicated. Please speak with an immigration lawyer or a legal aid group as early as you can.

State bail and immigration bond are different

State bail is set by a California court or by the county bail schedule for a state or local criminal charge. It is posted with the court or the jail. It is meant to make sure the person comes to the state criminal case. Our guide on how bail works in Los Angeles explains it.

An immigration bond is set by a federal immigration agency, or by an immigration judge, for a person who is being held while their immigration case moves forward. It is a federal matter, run under federal law, and it is meant to make sure the person comes to immigration proceedings. A California bail bond does not satisfy it, and the other way around.

So a state bail bond does not cancel an immigration hold, and a federal immigration bond does not cover a state criminal charge. A person can face both at once.

What federal law says

The key statute is 8 U.S.C. section 1226. Subsection (a) says that, pending a decision on whether a person is to be removed from the United States, the Attorney General may arrest and detain the person, and may release the person on a bond of at least $1,500 with security approved by the government and containing conditions, or on conditional parole. The word may matters, because release is a decision, not a right.

Subsection (c) lists categories of people the government shall take into custody, with narrow limits on release. They include some people who are inadmissible or deportable because of certain criminal offenses, and certain people charged with, arrested for or convicted of specified offenses such as burglary, theft, shoplifting, assault on a law enforcement officer or a crime that causes death or serious bodily injury. Where mandatory detention applies, bond is generally not available through this section. Subsection (e) limits court review of discretionary decisions about detention, bond and parole.

Federal regulations add detail. Under 8 CFR section 236.1(d), after an initial custody decision, including the setting of a bond, the person may ask an immigration judge to change the conditions of release, and appeals about bond and custody can go to the Board of Immigration Appeals in the cases the regulation describes. The regulation also says bonds are subject to the rules in 8 CFR section 103.6.

ICE says on its detention management page that it makes custody decisions case by case, weighing flight risk, any national security threat and public safety, and that it may consider things like serious medical conditions or being a primary caregiver for children. When a person is not subject to mandatory detention and is not found to be a public safety or flight risk, ICE may release the person with conditions.

In plain words. Whether a person can get a bond depends on their situation, their record and their immigration case. No bail agent can promise a bond or an amount.

What an immigration bond looks like in practice

Federal immigration bonds work differently from state bail. In general, these are the pieces.

• A federal officer or an immigration judge decides if a bond is allowed and sets the amount, which can be at least $1,500 under the statute.
• The person who posts the bond is the obligor or surety. They promise the government that the detained person will attend every immigration hearing and follow the conditions.
• The payment is made to the federal government, not to a state court. The government decides the forms, the accepted payment methods and the identification needed. Check ice.gov or ask the immigration lawyer for the current process.
• The bond can be cancelled and the money returned when the immigration case ends and the conditions were met, under federal rules.
• If the person misses a hearing or breaks the conditions, the bond can be breached and the money lost.

These are general points, and federal procedures change. Always confirm the current steps with the immigration agency or a lawyer, because the details matter.

Where state criminal cases and immigration meet

A person arrested on a state or local charge may also be wanted by immigration authorities. If so, posting state bail may not lead to release from custody. The person can be transferred to immigration custody instead. Families are often surprised by this. A lawyer who knows both criminal and immigration law can explain what is likely to happen and what choices make sense.

That matters when deciding whether to post state bail at all. If the person will be taken into immigration custody after release, paying a premium on a state bond may not bring the person home. Ask the criminal defense lawyer or public defender about this before spending money. The court also has a say in how the criminal case moves. Read what happens at arraignment in Los Angeles and bail conditions in California.

What a state bail agent can and cannot tell you

Jane Un Bail Bonds is a California licensed bail agent, License #1843448. We write state court bail bonds. Whether we can help with a federal immigration bond is a separate question, and we do not want to promise something we cannot do. Please call (213) 725-2815 and ask us. If we cannot help, we will say so plainly and point you to where to look, such as the immigration lawyers and legal aid groups listed in our resources directory.

We do not give immigration advice, we do not say what a person's case outcome will be and we do not recommend any lawyer.

The bond hearing before an immigration judge

When ICE sets a bond, or declines to, the person may ask an immigration judge to review custody. Federal regulation 8 CFR 236.1(d) describes this request, and it points to 8 CFR 1003.19 for how that review works. These are often called bond hearings. They are usually short, and the judge looks at things like flight risk and danger to the community. Mandatory detention under 8 U.S.C. 1226(c) can limit what a judge may do.

What helps at a hearing is the same kind of proof that helps at a state bail hearing. A stable address, family nearby, steady work, community letters, a clean record of showing up and a person who is able to post the bond. The difference is that the audience is a federal immigration judge, and the rules are different. A lawyer who works in immigration court is the right person to prepare it. Many legal aid groups help detained people for free or at low cost.

Do not wait for a hearing date to start gathering paper. Hearings can come quickly, and the detained person may have few chances to call. Keep a folder with copies of IDs, pay stubs, lease or utility bills, school letters for children and letters of support.

Warning signs of a scam

Immigration detention scares families, and scammers know it. Be careful if someone does any of the following.

• Promises a sure release or a fixed result.
• Asks for payment by gift card, cash app or wire to a stranger.
• Claims to be an immigration officer and demands money over the phone.
• Offers to post a bond for a very small fee without paperwork.
• Pushes you to decide immediately and not to talk to a lawyer.

A real immigration bond has paperwork, a receipt and a federal process. Check the government's own website for how to pay and who to contact, and ask a licensed lawyer or a recognized legal aid group.

How to prepare

1. Get the detained person's full legal name, date of birth, country of birth and, if they have it, the A number. Write it down.
2. Find out where the person is held and the facility's phone number.
3. Ask whether a bond has been set or whether the person asked for a bond hearing before an immigration judge.
4. Gather proof of ties, such as family, work, a home address and community support. These are the kinds of facts decision makers consider.
5. Find a lawyer or a legal aid organization as soon as possible. Our resources directory is a start.
6. If there is also a state criminal case, tell the criminal lawyer about the immigration issue right away.

Cost and fairness

State bail premiums follow California rules, and we tell you the total in writing. {{PREMIUM}}

Federal bond costs depend on the federal process and on whoever helps with the posting, so ask for every fee up front and keep every receipt. Never hand over money to anyone who will not put the terms in writing. If you are unsure whether a request is real, hang up and look up the real contact on the agency's own website. {{PREG}}

Jane Un Bail Bonds is licensed by the California Department of Insurance (License #1843448). Call (213) 725-2815 any hour, or start the short online application. Our Los Angeles office is at 900 Avila St Suite 101, a short walk from the downtown jails, and the jail pages show where people are held.

We are bail agents, not lawyers, and this page is general information and not legal advice. For advice about a specific case, speak with your lawyer or the public defender. Free help is listed in our resources directory.