Setting Bail in Deportation Cases: The Role of Immigration Judges

This Article examines the administrative review process with respect to bail setting by the Immigration and Naturalization Service (INS). The author describes the administrative review process through a case study of bond redetermination applications to immigration judges in Chicago and examines some preliminary data on the consequences of bail decisions for aliens' failure to appear in court and failure to depart the country after being granted voluntary departure. The author suggests the difficulties of both immigration judges and the INS in adequately distinguishing among aliens deserving or undeserving of stronger controls. The author further evaluates several proposals for immigration bail reform, including proposals to limit or eliminate immigration judge bail review authority.