As soon as the detained alien notifies private counsel that he has been served with a notice to appear, private counsel can prepare a bond motion, motion for a change of venue, and supporting documents, and send the email to both the assistant district counsel and the immigration court. The assistant district counsel can email his or her bond recommendation to the immigration court and the private counsel, and the immigration judge can issue a decision by email to both parties.
If the private counsel believes the bond is too high, he or she can request a telephonic hearing under the old system. However, private counsel will rarely request a telephonic hearing because they have already provided their best argument for bond in writing, and an immigration judge would be unlikely to change the ruling without new evidence. Therefore, bond would be paid immediately by the alien to avoid any further detention.
Benefits of the New Process:
Bond hearings would be reduced by at least 70%, and the immigration judge and the assistant district council could save an additional three to five hours or work per week. Detainees who would eventually receive bond can be released days to weeks earlier, saving detention costs. Clerks for both the U.S. CIS and the immigration court would save time creating paper files and transporting the hard files to the correct immigration judges and assistant district director, and the immigration court would reduce the use of court-paid interpreters. Also, more bed space would be available and the government could reduce its costs of food, shelter, medical attention, and security for detained individuals.