A person who is not mandatorily detained has the right to a bond hearing. Among the factors considered in a bond hearing is the person’s dangerousness to society. During a bond hearing, the Immigration Judge considers whether the person may pose a danger to the safety of other persons or the safety of the property.

Psychological evaluations use multiple methods to analyze factors associated with dangerousness. The evaluations include a thorough review of criminal and mental health records. A clinical interview and psychological testing are used to assess for mental illness or substance abuse problems related to increased dangerousness. Collateral data is gathered from family, friends, and employers.