Immigrants detained by ICE in New York and nationwide are having a harder time getting bonds for their release.
The Envision Freedom Fund report found six times more people are being detained since President Donald Trump returned to office. The number of releases has dropped from 39% to 5%.
Ben McCoubrey, data and advocacy manager for the Envision Freedom Fund, noted immigration bond policy changes are more complicated and the legal process to be released is becoming more difficult.
“ICE and immigration judges will only grant a bond if they’re forced to by a federal judge, meaning releases require taking the case to federal court, which is entirely separate legal proceeding for a claim of habeas corpus,” McCoubrey explained. “You need to win a claim of habeas corpus in federal court and then you need to win a bond hearing in immigration court.”
With some exceptions, most people now have to clear the hurdles to get out of detention. Even if a person wins a bond, judges are setting higher bonds. The report noted the average cost of immigration bonds is a little more than $14,000, an $8,000 increase from 2024.
Other release challenges include people losing income because they are detained and being transferred across the country with no way to get home.
A new Pew Research poll showed the public view of ICE is increasingly negative across party lines. Other polls show Democrats are poised to take control of both chambers in Congress and voters want the new Congress to rein in ICE.
McCoubrey feels there should be major changes to immigration policy, and one thing the agency can do is return bond money.
“Your money is supposed to come back at the end of the court proceedings but we find most often that doesn’t happen. And when it does, it usually is because it takes prodding or some kind of advocacy on behalf of the person who put up that money,” McCoubrey observed.
While it is uncertain how much ICE owes people for bond, 2024 data show the agency illegally kept more than $300 million in bond payments from low-income immigrant families and U.S. citizens.
Edwin is a reporter and producer in North Tonawanda, New York. He’s previously reported for the Niagara Gazette and the Ithaca Times. Edwin got an early start in radio interning for WBFO-88.7FM, NPR’s Buffalo affiliate. In 2018, he graduated from SUNY Buffalo State College with a B.A. in Journalism, and in 2022, graduated from Syracuse University with an M.S. in Communications.