Facing a final order of removal can be overwhelming. For many individuals in immigration detention, it also raises an urgent question: can you still be released on bond after a removal order has been issued?
The answer is not always simple. Once someone is ordered removed, their legal options become more limited. But under certain circumstances, it is still possible to seek release. In this post, we explain how immigration bonds work, what changes after a removal order is issued, and what steps you or your family can take if someone is being held in immigration custody.
Understanding What a Removal Order Means
A removal order is a final decision by an immigration judge or federal agency that a person must leave the United States. This order may be issued after a court hearing, or it can result from not appearing in court (known as in absentia removal). Once the order becomes final, Immigration and Customs Enforcement (ICE) has the authority to detain and deport the individual.
At this stage, the case is considered closed unless an appeal or legal motion is filed. Many people assume that once a removal order is issued, there are no options left. That’s not always true.
What Changes Once a Person Is Ordered Removed
Before a final removal order, a person in detention may be eligible for release on an immigration bond. The bond acts as a financial guarantee that the individual will appear for court dates or check-ins with ICE. It can be paid by a friend or relative and is usually set by ICE or an immigration judge.
But once a final order is issued, regular bond is no longer available. This doesn’t mean the person must remain detained forever, but the legal path to release becomes more complicated.
At this point, the individual is no longer in “pre-removal” detention. They are in what is called “post-order custody.” ICE has broader authority to detain during this period. The law allows ICE to hold a person for up to 90 days after a removal order to carry out the deportation. This is known as the “removal period.”
The 90-Day Removal Period
During the first 90 days after a final removal order, ICE is not required to release a person, and bond is generally not available. This period is used to arrange travel documents, coordinate with the country of removal, and make other preparations for deportation.
In some cases, removal happens quickly. But in others, delays occur. If ICE is unable to carry out the deportation within 90 days, the individual may become eligible for supervised release or even release under an order of supervision.
When ICE Cannot Remove Someone
There are situations where ICE cannot deport someone, even with a valid removal order. This can happen for several reasons:
- The person’s home country refuses to issue travel documents
- The individual is stateless or there is no country willing to accept them
- Humanitarian concerns prevent removal (such as medical issues or family hardships)
- Legal motions or appeals are pending that temporarily halt deportation
In these cases, the person may continue to be held for weeks or even months beyond the 90-day removal period. But prolonged detention is not always allowed under the law.
Zadvydas v. Davis and Limits on Indefinite Detention
A key Supreme Court case, Zadvydas v. Davis, set limits on how long ICE can detain someone with a final removal order. The Court ruled that if deportation is not reasonably likely to occur in the foreseeable future, continued detention may violate constitutional rights.
Generally, ICE is expected to release individuals if they cannot be removed within six months, unless the person is considered a flight risk or a danger to the community. This six-month mark is not a guarantee of release, but it does open the door for legal review.
If someone has been detained for longer than 180 days and removal is not imminent, they may file a request for release or a petition for habeas corpus in federal court.
Orders of Supervision and Conditional Release
When ICE decides not to deport someone immediately, they may issue an Order of Supervision. This allows the individual to be released from detention under strict conditions. These conditions can include:
- Regular check-ins with ICE
- GPS monitoring or ankle bracelets
- Work restrictions
- Travel limits
- Providing updated contact information
While not the same as a bond, this release allows the person to return to their community while remaining under ICE supervision. It can also give them time to pursue motions to reopen their case or other forms of relief.
What Families Can Do to Help a Detained Loved One
If a family member has a final order of removal and is in ICE custody, there are still steps you can take:
- Gather documents – Travel records, identification, health documents, or proof of ties to the U.S. may be useful when requesting release.
- Contact an immigration attorney – An attorney can assess whether there are legal grounds for release or whether the person may qualify for reopening their case.
- Request a custody review – After the 90-day removal period, ICE may review the case to decide whether continued detention is necessary. Families can submit documents to support release.
- Consider filing a motion to reopen – If new facts or legal changes have occurred, a lawyer may help file a motion to reopen the removal case, which can affect detention status.
- Be prepared for post-release conditions – If ICE agrees to supervised release, the individual must comply with all conditions to avoid being re-detained.
Bond vs. Post-Order Release
It’s important to understand that standard immigration bonds are not available after a final removal order. However, ICE still has discretion to release people when removal cannot happen promptly. This release is not based on paying a bond but on legal and practical considerations. An experienced attorney can help present the strongest case possible for release.
Working With an Attorney Matters
Immigration detention after a removal order is one of the most difficult situations for families. The system is complex, and the law can feel stacked against you. But every case is different, and outcomes often depend on the details.
An immigration lawyer can help:
- Request a custody review or file a release request with ICE
- File legal motions that may delay or cancel deportation
- Challenge unlawful or prolonged detention in federal court
- Communicate with ICE on your behalf
At Saavedra & Perez Law, we help individuals and families navigate the detention system and explore every option available after a removal order. If someone you care about is being held, don’t wait—contact our office to understand what’s possible in your case. Even after a final order, there may still be a way forward. Let us help you find it.