High Bail Amounts Challenge Detained Immigrants in Michigan
For numerous individuals detained in immigration facilities across Michigan, securing bail represents the sole pathway to freedom. However, the financial burden can be substantial. The minimum bond an immigration judge may establish is $1,500, which is roughly double the average monthly payment for a car loan.
In the initial months of 2026, more than 100 detained immigrants successfully obtained bond after filing lawsuits against the federal government. Yet, only about a dozen were awarded the minimum amount, as reported by Michigan Public Inquiry. Many others faced bonds set upwards of tenfold this amount. The highest bond during this period, reserved for individuals whose detention was classified as unlawful by a federal judge, reached $30,000.
This scenario has led some to claim that the bond hearing process is increasingly flawed. George Pappas, a former immigration judge in Massachusetts, argues that the current system effectively denies detainees the opportunity for release. “The intent appears to be to pressure these individuals into voluntary deportation,” he stated. “By keeping them detained, desperation drives them to seek immediate exit at any cost.”
The U.S. Department of Justice and the Office of Immigration Review, which governs immigration courts, declined requests for comment on these matters and did not respond to written inquiries at the time of publication.
Distinct from other court systems, immigration courts operate under the Department of Justice (DOJ), which prioritizes the detention and expulsion of unauthorized immigrants. Immigration judges hold significant discretion in determining bond amounts, often necessitating that immigrants demonstrate they are neither a danger to society nor a flight risk. Factors such as employment history, community ties, financial stability, and the strength of an individual’s case against deportation all play a role in bond eligibility.
To secure their release, detainees must pay their bond in full upfront in order to attend future hearings. The government does not retain bonds. Once a case concludes, the bond money is refunded at a minimal interest rate, regardless of the outcome, whether it results in deportation or the individual being allowed to stay in the U.S.
However, calculating this financial requirement can be challenging, especially when family members may face unemployment for an extended period while in custody with Immigration and Customs Enforcement (ICE). Many turn to crowdfunding platforms like GoFundMe, rely on individual donations, or seek assistance from nonprofit organizations dedicated to helping with bail payments.
Record Bond Amounts Highlight Disparities
In late 2025, the median bond set by Michigan immigration judges was under $5,000, according to data from the Transaction Records Access Clearinghouse (TRAC). By January and February 2026, this figure had risen to over $7,000.
In a notable case, Ali Petit Oropeza was assigned a bond of $50,000 in November to secure his release from immigration detention at the Calhoun County Jail. This figure is the highest recorded in court documents from the Michigan Department of Public Affairs during that timeframe. Attorney Britni Rivera noted that given the steep cost, Oropeza’s family had no means to cover the expense.
Oropeza, a Venezuelan police officer persecuted for opposing President Nicolás Maduro’s regime, had no criminal record prior to his arrest by Customs and Border Protection (CBP) at the Windsor Tunnel. Rivera emphasized that despite substantial documentation submitted to support the bond request, the immigration judge deemed Oropeza a flight risk and established an excessively high bail.
Following Rivera’s outreach to the Midwest Immigrant Bonds Fund (MIBF), which raises donations to assist with bail for detained immigrants, Oropeza’s bail was paid. “We operate on a first-come, first-served basis,” said Raf Rodriguez, a MIBF board member. “If funds are available, we will post a bond.” Oropeza has since been released and now resides in Indiana.
Discretion in Bond Decisions Raises Concerns
While Oropeza’s bond amount was particularly high, documentation from the Michigan Department of Public Affairs revealed many others facing bonds of $10,000 or more, some exceeding $15,000. These included a Mexican father of five who has lived in the U.S. since 1998, with his bond set at $20,000, and a Cuban asylum seeker arrested during a scheduled ICE check-in with a bond of $30,000. Additionally, a Mauritanian asylum seeker, arrested at an ICE appointment despite holding a valid work permit, was assigned a bond of $15,000.
Records reviewed by Michigan Public Inquiry did not clarify the rationale behind the bond amounts set by immigration judges, who may have considered evidence unavailable in the public documentation. Daniel Caudillo, a former immigration judge and director of the Texas Tech University Immigration Law Clinic, remarked that judges possess substantial latitude in establishing bond levels but often adhere to recognizable patterns based on the individual’s circumstances.
For instance, individuals eligible for a green card through a spouse who has overstayed a visa and lack a criminal record or family ties typically see lower bond amounts. In contrast, newcomers with tenuous asylum claims may face significantly higher bonds, often designed to ensure their appearance in court.
Complications with Post-Bail Appeals
If an immigration judge grants bail, ICE has the authority to contest this decision, leaving the individual in custody until a higher court resolves the issue. Ruby Robinson, a senior attorney at the Michigan Immigrant Rights Center, noted that one client, a 19-year-old facing a $35,000 bond, is under such circumstances.
“Even if we could raise that amount, the bond remains suspended,” she explained. “One of the main difficulties is appealing the bond decision to the Immigration Appeals Board, which can take months.” Some individuals may resort to filing a second habeas petition in federal court to challenge excessive bail amounts or prolonged detention while awaiting appeal outcomes.
Among the early habeas cases filed in federal court for the Western District of Michigan was that of Jose Puerto Hernandez, an 18-year-old high school graduate from New Jersey. Though the immigration judge initially set his bond at $5,000 due to strong community ties and academic achievements, Hernandez remained at the North Lake Processing Center for weeks post-hearing. The Trump administration argued that legislation permitted his continued detention while appealing the bond decision. A federal judge in Grand Rapids countered this assertion, ruling that the administration could not simultaneously act as prosecutor and judge while ignoring the immigration judge’s bond determinations, leading to Hernandez’s release shortly thereafter.
