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As a result, bond is infrequently granted: in FY 2019, for instance, bond was denied in the majority of bond hearings nationwide and in over 60% of bond hearings in New Jersey. But, even when bond is granted, it is often set too high, as IJs are not required to consider the detained immigrant’s ability to pay. This has produced a system in which one in five noncitizens granted bond nonetheless remains detained at the close of their case. Indeed, during the first half of FY 2018, the median bond amount set at bond hearings was $7,500, and nearly 40% of immigrant detainees had to post bonds of at least $10,000, if not more, to secure their release—an increase from past years.
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