A The local ICE office makes the initial custody and bond determination. A long as the non citizen is not subject to mandatory detention due to criminal or terrorist grounds specified in INA, the arrested individual may be released on bond or on his or her own recognizance.
In order to he released a non-citizen “must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding. ” The factors commonly considered in making the determination to release and/or set bond include:
1. Local family ties;
2. Prior arrests, convictions, appearances at hearings;
3. Membership in community organization;
4. Manner of entry and length of time in the US.;
5. Immoral acts or participation in subversive aerivi ties;
6. Financial ability to post bond