Some noncitizens in immigration detention can request that they be “paroled,” or released, from detention while their cases are pending in immigration court.
Immigration and Customs Enforcement (ICE), which is part of the Department of Homeland Security (DHS) has the authority to make parole decisions. The factors ICE will consider include whether or not the noncitizen has: proof of his or her identity, a “sponsor” willing to house and financially support him or her, and any criminal history that would make him or her a danger to the community. ICE will also consider whether the noncitizen is eligible to apply for any relief from removal (for example: asylum, cancellation of removal, adjustment of status, etc), and how likely she is to ultimately prevail in her claim. ICE may also consider humanitarian factors such as a serious medical condition or history of trauma. Detained noncitizens request parole by submitting a letter and supporting documentation to ICE.
If ICE decides to parole the noncitizen, they can choose to parole the noncitizen on his or her own recognizance, after payment of a bond, or on an “alternative to detention” such as a GPS monitor and/or order of supervision.
The resources on this page will assist pro bono attorneys in drafting parole requests for detained noncitizens.