Is an Undocumented Immigrant Entitled to a Bond Hearing?

What's this scenario in Other countries? Neither the U.S. Constitution nor the Bill of Rights specifically address this issue. That's probably why we still have no solid and stable immigration policy. It now seems to be whatever the SCROTUM-6 (and their corporate sponsors) deem it to be.
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Background Material:
(From ChatGPT):
In the United States, an undocumented immigrant is not automatically entitled to a bond hearing. Whether or not they receive a bond hearing depends on several factors, including:

1. Type of Detention

Mandatory Detention: Certain immigrants are subject to mandatory detention and are not eligible for bond. This typically includes those with certain criminal convictions or national security concerns (under INA § 236(c)).

Discretionary Detention: Others may be detained under discretionary authority and may request a bond hearing before an immigration judge.


2. Recent Supreme Court Rulings

In Garland v. Gonzalez (2022), the U.S. Supreme Court ruled that immigrants in prolonged detention do not have an automatic right to periodic bond hearings.

This reversed lower court decisions that had allowed bond hearings after six months of detention.


3. Initial Entry Doctrine

Immigrants apprehended shortly after unlawful entry may be treated as if they are at the border, even if physically within the U.S. This can limit their rights, including to bond.


4. Asylum Seekers

Some asylum seekers who pass a credible fear interview may be eligible for a bond hearing, unless subject to mandatory detention.



Not ALL undocumented immigrants are entitled to a bond hearing.

Eligibility depends on criminal history, how they entered, detention category, and agency discretion.

Even if eligible, bond is not guaranteed—it must be granted by an immigration judge based on flight risk and danger to the community.