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Eligibility for Release in 2026: Bond vs. Mandatory Detention

  • Feb 2
  • 1 min read

The difference between a bond and mandatory detention in 2026 is more critical than ever due to more strict enforcement. Understanding this threshold is the first step in fighting for your loved one's freedom.


The 2026 Red Flag: The Laken Riley Act

There are major changes in the Laken Riley Act. Previously, mandatory detention usually required a criminal conviction. Now, under this law, mere arrests or charges for certain offenses can trigger no-bond detention.


Key Changes to Watch:

  • Charges vs. Convictions: You no longer need a conviction to be held; mere arrests or charges can trigger mandatory detention.

  • Specific Offenses: This applies primarily to theft-related crimes, including shoplifting, larceny, and burglary.

  • No Bond Option: If an offense falls under this act, an immigration judge may be legally barred from setting a bond, regardless of family ties.


Why act now? A simple charge can now lead to indefinite detention, you should consult an attorney immediately to challenge the "mandatory" status and seek a release hearing.



Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this blog does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.


 
 
 

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16 Comments


Very useful information, and easily accessible, making it easy to access the necessary knowledge info at the right time too !

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This is very helpful information. Many people don’t realize that even an arrest can now affect bond eligibility. Thank you for explaining these changes clearly and reminding readers to seek legal help as soon as possible.

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Jen RR
Jen RR
Feb 05

Very informative and concise discussion on mandatory detention and bond in immigration cases. Thank you!

Edited
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Replying to

Yes very timely article, and such key info to consider for detention and bond

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Bonds are an important part of how to have your loved ones released from detention.

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Thanks for this important update. The distinction between bond and mandatory detention has always been critical, but it’s clear that the 2026 shift makes it even more urgent for families to stay informed.

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Replying to

Understanding the difference between bond and mandatory detention has always mattered, and the 2026 shift makes it even more crucial for families to stay informed and prepared.

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