Updated September 2026 · Manuel Diaz Law Firm, PC
Short answer: When ICE detains someone in Texas, the first steps are to find where they are held using the ICE Online Detainee Locator, get their A-number, and have an immigration lawyer review which detention law ICE is applying. That decides everything else. People who were lawfully admitted, for example with a visa, can usually still ask an immigration judge for bond, and the minimum is $1,500. People who entered without inspection are, for now, treated by the Fifth Circuit, which covers Texas, as ineligible for a bond hearing before an immigration judge. They still have options, including a parole request to ICE and a habeas corpus petition in federal court. This area of law is changing month to month, so get advice on the current rules before paying anyone.
Key points
- Find the person first: the ICE Online Detainee Locator needs the A-number and country of birth, or the full name, country of birth and date of birth.
- An immigration bond is not the same as a criminal bail bond, and it is paid to ICE, not to the county jail.
- The minimum immigration bond set by law is $1,500. There is no maximum.
- In Texas, since the Fifth Circuit’s February 2026 decision in Buenrostro-Mendez v. Bondi, most people who entered without inspection cannot get a bond hearing from an immigration judge. Federal courts are still deciding whether the Constitution requires a hearing after prolonged detention.
- Only a U.S. citizen or lawful permanent resident can post the bond, and the money is returned when the case ends if the person attended every hearing.
The call usually comes from a neighbor or a coworker: he was stopped on the way to work, and nobody knows where he is. Then the family starts making calls, and very quickly someone offers to “get him out” for a fee. Before anyone pays anything, the family needs to know three things: where the person is, which law ICE is holding them under, and what that law allows. This guide walks through each step as the rules stand in Texas in September 2026.
Step 1: Find where your family member is being held
Use the ICE Online Detainee Locator System. You can search with the person’s A-number (the 9-digit “alien number” that appears on immigration documents) and country of birth, or with their full name, country of birth and date of birth. New arrests can take a day or two to appear. People detained in North Texas are often held at facilities such as the Prairieland Detention Center in Alvarado, but ICE moves people between facilities, sometimes out of state, so check the locator again before every visit or call.
If the person was first arrested by local police, they may still be in the county jail on an ICE hold. In that case, the criminal case and the immigration case have to be handled together. We explain that situation in our article on arrest warrants in Texas.
Step 2: Understand the difference between criminal bail and an immigration bond
A criminal bail bond is set by a state judge and paid to the county, often through a bail bond company. An immigration bond is set either by ICE or by an immigration judge, and it is paid to ICE. Paying criminal bail does not release someone from ICE custody, and in some cases it only transfers the person from the county jail to an immigration detention center.
The two main kinds of immigration bond are:
- Delivery bond. The most common kind. It guarantees that the person will attend every immigration court hearing and meet with ICE when required.
- Voluntary departure bond. Posted when an immigration judge grants voluntary departure. It guarantees that the person will leave the United States by the deadline.
Step 3: Find out which detention law ICE is using
This is where the law has changed the most, and where families in Texas are most often given wrong information.
For decades, most people arrested inside the United States were detained under the general detention statute, 8 U.S.C. § 1226(a), which lets an immigration judge set bond. In 2025, the government adopted a new reading of a different statute, 8 U.S.C. § 1225(b)(2)(A), treating anyone who entered without inspection as an “applicant for admission” subject to mandatory detention, no matter how many years they have lived here. The Board of Immigration Appeals made that position binding on immigration judges in Matter of Yajure Hurtado in September 2025.
Federal courts have split on whether that reading is lawful. On February 6, 2026, the U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana and Mississippi, accepted the government’s reading in Buenrostro-Mendez v. Bondi. Other circuits, including the Second Circuit, have rejected it. In July 2026, a Fifth Circuit panel held in Sosnava Rodriguez v. Ortega that due process requires a bond hearing after 90 days of detention for long-time residents, but the full court vacated that decision days later and is now rehearing the case, with briefing scheduled to finish in September 2026. The question is widely expected to reach the U.S. Supreme Court.
| Situation (Texas, September 2026) | Bond hearing before an immigration judge? | Other options |
|---|---|---|
| Entered with a visa or other lawful admission, no disqualifying criminal record | Usually yes, under § 1226(a) | Ask ICE for a lower bond; request a hearing if ICE denies or sets it too high |
| Entered without inspection, arrested inside the U.S. | Currently no, under Buenrostro-Mendez (5th Cir. 2026) | Parole request to ICE; habeas corpus petition in federal court |
| Certain criminal charges or convictions, including Laken Riley Act offenses | Generally no (mandatory detention under § 1226(c)) | Challenge whether the charge actually qualifies; habeas in some cases |
| Final order of removal already issued | Different rules apply | Stay of removal, motion to reopen, or review of prolonged detention |
The practical point is simple: two people in the same detention center can face completely different rules depending on how they entered the country and what their record shows. Only a review of the actual documents, including the Notice to Appear and any custody determination from ICE, can tell you which rules apply.
Step 4: Ask for release through the right door
If your family member is eligible for a bond hearing, the lawyer can first ask ICE to set or lower a bond. If ICE refuses or sets an amount the family cannot pay, the lawyer asks for a custody redetermination hearing before an immigration judge. The judge looks at two questions: is the person a danger to the community, and are they a flight risk? The minimum bond is $1,500, and there is no maximum.
If ICE says the person is not eligible for a bond hearing, the options are different but they exist. A lawyer can ask ICE to release the person on parole for humanitarian reasons or because detention is not in the public interest. A lawyer can also file a petition for a writ of habeas corpus in federal district court under 28 U.S.C. § 2241, arguing that the detention is unlawful or that detaining the person this long without a hearing violates due process. Federal district courts in Texas have granted some of these petitions even after Buenrostro-Mendez, although the Fifth Circuit’s rehearing may change that.
What evidence helps win release?
Whether the request goes to ICE, an immigration judge or a federal court, the same kind of evidence makes the difference:
- Proof of how long the person has lived in the United States, such as leases, utility bills, tax returns and school records of their children.
- Birth certificates of U.S. citizen children or spouse.
- Letters from employers, pastors, neighbors and community members.
- Proof of a fixed address where the person will live if released.
- Evidence of any pending application or relief, such as asylum, cancellation of removal or a family petition.
- Court records showing that any criminal case was dismissed, is minor, or has been resolved.
- Medical records if the person has a condition that makes detention especially harmful.
Families can start gathering these documents the same day. Bringing them to the first meeting with the lawyer saves time.
How to pay an immigration bond and get the money back
Once a bond is set, it is paid to ICE, usually online through ICE’s electronic bond system (CeBONDS) or at an ICE office that accepts bond payments. The person who pays, called the obligor, must be a U.S. citizen or lawful permanent resident with valid identification. Some families use an immigration bond company, which charges a non-refundable fee and may require collateral. Read that contract carefully before signing.
If the detained person attends every hearing and follows every ICE instruction, the bond is cancelled when the case ends, and the obligor can request a refund of the money. Keep the bond receipt (Form I-305) and update ICE whenever the obligor’s address changes, because the refund notice is sent by mail. If the person misses a hearing, the bond can be forfeited and the money lost.
Be careful with “notarios” and promises
Families in a crisis are exactly who immigration fraud targets. A notario público is not a lawyer in the United States and cannot represent anyone in immigration court. Be suspicious of anyone who guarantees release, asks for cash with no written contract, or tells you to sign forms you do not understand. Ask for the name and bar number of the lawyer who will actually handle the case.
Frequently asked questions
How do I find someone detained by ICE in Texas?
Use the ICE Online Detainee Locator at locator.ice.gov. You need either the person’s A-number and country of birth, or their full name, country of birth and date of birth. If the person was just arrested, it can take a day or two to appear.
How much is an immigration bond in Texas?
The legal minimum is $1,500, and there is no maximum. The amount depends on flight risk, criminal history, family and community ties, and whether the person has a way to fight the case. Bonds in the thousands or tens of thousands of dollars are common.
Can someone who entered without papers get an immigration bond hearing in Texas?
As of September 2026, the Fifth Circuit treats most people who entered without inspection as subject to mandatory detention, so immigration judges in Texas generally will not hold a bond hearing for them. Release may still be possible through a parole request to ICE or a habeas corpus petition in federal court. The law is under active review, so the answer may change.
Who can pay an immigration bond?
The person who posts the bond, called the obligor, must be a U.S. citizen or lawful permanent resident with valid identification. That person is responsible for making sure the detained person attends every hearing.
Do you get the immigration bond money back?
Yes, if the detained person attends every hearing and complies with ICE until the case ends. The bond is then cancelled and the obligor can request the refund. If the person misses a hearing, the money can be lost.
Is paying criminal bail the same as getting out of ICE custody?
No. Criminal bail is paid to the county for the criminal case. If ICE has placed a hold, paying criminal bail can result in a transfer to ICE custody instead of release. The two cases need to be planned together.
Contact Our Immigration Lawyers Today
When a family member is detained, every day matters, and the rules in Texas right now are more complicated than they have been in decades. At Manuel Diaz Law Firm, PC, we locate the person, review the documents to find out which detention law applies, and pursue every available path to release, from a bond hearing to a parole request to a federal habeas petition. When there is also a criminal case, we handle both. Manuel Diaz was born in Mexico City and has spent his career defending immigrant families in Texas. You can read more about our immigration practice, our guide to deportation defense, and what to do if ICE comes to your door.
Call (855) 900-3429 today for a free, confidential consultation with our immigration lawyers. We answer 24/7, and hablamos español. Manuel Diaz Law Firm, PC serves clients throughout Texas, including Dallas, Fort Worth, San Antonio, Denton, Mesquite, and other nearby areas.
Zealously Serving Clients Throughout Texas
Manuel Diaz Law Firm, PC represents immigrant families from offices in Dallas, Fort Worth, Denton, Mesquite and San Antonio. Hablamos español, and we have since the firm opened. You can reach us through our contact page or meet our attorneys here.
This article is general information about U.S. immigration law as it applies in Texas as of September 2026 and is not legal advice. Detention and bond rules are changing quickly. Reading it does not create an attorney-client relationship. Every case turns on its own facts.
