For someone detained at York County Prison on immigration charges, the path to release from civil detention runs through the immigration court system — specifically through a bond hearing before an immigration judge. Unlike criminal bail, where a judge sets a dollar amount and the defendant can pay their way out, immigration bond determinations involve both ICE's initial custody determination and judicial review — and many detainees are held without any bond at all.
How ICE Detention Begins
When ICE arrests someone, an officer completes a custody determination — deciding whether the person should be detained or released on supervision. Factors ICE considers include the person's criminal history, prior immigration violations, ties to the community, and whether ICE believes the person is a flight risk or a public safety concern. People with certain criminal convictions or prior deportation orders may be subject to mandatory detention — meaning no bond is available regardless of circumstances.
For those who are not subject to mandatory detention, ICE may set a bond amount unilaterally — or may initially decline to set any bond. The person is then transferred to a detention facility like York County Prison while their immigration proceedings begin.
Requesting a Bond Hearing Before an Immigration Judge
A detainee who is not subject to mandatory detention can request a bond redetermination hearing before an Immigration Judge (IJ). The request is filed with the Immigration Court handling their case — for York County detainees, this is typically the York Immigration Court, which conducts hearings inside York County Prison, or the Philadelphia Immigration Court.
At the bond hearing, the immigration judge reviews whether the person is a flight risk or danger to the community. The detainee bears the burden of proving they are neither. Evidence that helps:
- Long-term residence in the community — how many years in the US, how many in the same location
- Family ties — US citizen or lawful permanent resident family members, especially children
- Employment history — stable, documented work history
- Absence of criminal history — or minor, old criminal history with evidence of rehabilitation
- Property, lease, or other ties that make flight unlikely
- Letters of support from employers, family, and community members
Alternatives to Detention
For people who are granted bond or released by ICE on supervision, ICE's Alternatives to Detention (ATD) program offers release under monitoring conditions — GPS ankle monitor, check-in requirements, or SmartLINK phone app supervision. ATD is far less restrictive than detention while still providing ICE with assurance of compliance.
What Families Can Do to Support a Bond Hearing
- Gather documentation of residence history, employment, and family ties — every year of documented US residence strengthens the bond argument
- Prepare letters of support from family members, employers, clergy, and community members attesting to the person's ties and character
- US citizen or green card family members who can testify about the family's situation are valuable witnesses at a bond hearing
- Contact ALDEA - The People's Justice Center (aldeapeople.org) for free legal representation for York detainees in bond proceedings
York County Prison: 3400 Concord Road, York, PA 17402. Phone: (717) 840-7555. ALDEA: aldeapeople.org. Philadelphia Immigration Court: (215) 656-9275. York Immigration Court (inside York County Prison): contact through ALDEA or directly at (717) 854-0512.