Immigration Bail Bonds: Complete Guide
This immigration bail bonds guide will take you through everything you need to know about immigration bail bonds if you or a loved one has been detained by ICE. U.S. Immigration and Customs Enforcement (ICE) has the ability to release someone based on personal recognizance but if an immigration judge sets a bond amount it’s time to learn about your options.
Read carefully…as being detained can require an immigrant bond in order to be released from custody.
What You’ll Learn: [Table of Contents]
What is an Immigration Bail Bond?
Types of Immigration Bonds
How Much do Immigration Bonds Cost?
Eligibility for Immigration Bail Bonds
Who is Held in Immigration Detention?
Immigration Bond Process
How an Immigration Bondsman Can Help
Immigration Bail Bonds FAQs
What Is an Immigration Bail Bond?
An immigration bail bond is a legal option to discharge a person in custody for immigration detention. Agents that are licensed to handle immigration bail bonds are required in these situations. An Immigration bail bond is a government bond for which you might be in charge of posting when you have been detained and arrested by the Bureau of Immigration and Customs Enforcement. The bond is used as a guarantee to the courts that the individual who has been arrested and detained will appear for all planned court procedures after they are released from custody.
It is important to understand that obtaining bail does not erase the charges. You will still need to continue any efforts to obtain legal status or citizenship status in the United States. The bond allows you to leave the jail under a few conditions while the case is processing. Once the bond is processed and, the person is discharged, it is still mandatory to show up for all court hearings and report to the immigration officials when required.
Types of Immigration Bonds
There are two types of immigration bail bonds available to certain individuals in the custody of ICE, and we’ll explain the purpose of each below.
- Delivery bond – A individual detained by ICE could be eligible for a delivery bond based on set criteria made by ICE. In order to obtain a delivery bond, the individual must receive an arrest warrant and a notice of custody conditions from ICE. The purpose of the delivery bond is to ensure that the person detained shows up to all immigration hearings. This bond allows the person to spend time with family and consult with an immigration lawyer leading up to a court hearing.
- Voluntary departure bond – An illegal immigrant could be given the option to voluntarily leave the country at their own expense by a specified time. The departure bond requires that it is paid in full to ICE but is refundable once the person has left the country. However, the bond will be forfeited if the person fails to leave on time or at all.
How Much do Immigration Bonds Cost?
The amount of the bond is set by an immigration bond judge or ICE. Several factors affect the price, such as the individuals’ employment, if they have any prior criminal history, immigration status, and if they have any family in the United States.
Typically, the more of a flight risk a person is, the higher the immigration bond will cost. The usual minimum amount for a delivery bond is $1,500, and the cost can increase up to $10,000 or more depending on the assessment of the individual’s risk factors.
For departure bonds, the minimum amount is typically $500. One important thing to keep in mind is that it sometimes takes a year or longer for the government to return the bond money to the person who posted it.
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Eligibility for Immigration Bail Bonds
Not every detainee held on immigration charges will qualify for an immigration bond. The detained person will have a hearing where a judge will look at their particular case and decide based on that individual’s situation. The judge will grant or deny eligibility for a bond based on these factors:
- The detainee is not a flight risk. If the judge determines that the detainee will not flee during the court proceeding, the detainee will have a higher chance of getting an immigration bond.
- The detainee is not a danger to the community. Sometimes having a criminal record can hurt your chances of getting a immigration bail bond, but immigration attorneys can assist in this process. The court looks to see if the detainee has been rehabilitated from crimes committed in the past. Immigration attorneys are very beneficial in these circumstances.
- The likelihood that the detainee will win the case is high. Lastly, for eligibility for immigration bail bonds, if the judge feels that the detainee will win the case, the judge will most likely grant a bond. As it wouldn’t make sense for the detainee to flee or to keep them detained if they are going to win the case.
Who Is Held in Immigration Detention?
Government data indicates that the median age of a person deported by ICE is 30 years old.
Just under half are between 15 and 29 years old, with the most people in immigrant detention are between 26 to 34 years old.
Immigration Bond Process
When an illegal immigrant is arrested by the Department of Homeland Security Immigrations Customs Enforcement, that individual is then taken to federal jail for processing and booking. The immigration bond is posted to the federal government, and the process begins.
Once a detainee is eligible for a bond, the next step is the bond hearing. If a detainee wants a bond hearing, they should simply ask the judge at their first hearing for one. Bond hearings are distinct from deportation hearings. Ask for the former, and you should receive one in the following days or weeks.
Make sure to check off “I do request an immigration judge review of this custody determination” in the “Notice of Custody Determination” document. Detainees should also write a letter of request for a bond hearing to the judge. The letter should include the detainee’s A-number, name, and formal request for an imminent bond hearing.
When the day of a detainee’s bond hearing arrives, they must come prepared.
Bond Hearing:
The individual should present the judge with a letter from their sponsor. The letter should detail how the sponsor knows the detainee and the sponsor’s legal immigration status. The sponsor must be a legal permanent resident or U.S. citizen, and the letter must also include the address of the detainee’s residence. It must be a street address, not a P.O. Box.
Along with a sponsor letter, illegal immigrants should collect as many other documents as possible that prove their ties to the community and obedience to the laws. Tax records, social security records, a copy of a marriage certificate, or letters demonstrating community involvement are all examples of documents that can help aid your case. Other possible documents could be proof of property ownership, proof of debt, and family photos.
The immigration bond amount is set by an immigration judge or via custody determination after an interview with the person by a Deportation Officer. The amount of an immigration bond is determined by the Department of Homeland Security. An outside party must pay the immigration bond. If the outside party cannot pay the full amount of the bond, they must make arrangements with an immigration bond company.
After the Bond is Posted:
Post bond by way of a postal or bank money order. After the immigration bond is posted, the detainee can get out of detention, allowing them time to meet with a lawyer, and get the bond money back if they go to all court hearings and otherwise comply with all court orders. Learn more about breach bond review here.
Individuals who gain their release from custody in a bond hearing also have a very high success rate in establishing that they should not be deported in the first place and can therefore remain in the U.S. In 2015, for example, two out of every three individuals (68%) released after the judge granted bond ultimately prevailed in their Immigration Court proceeding.
As TRAC reported, in 2015, the overall proportion of individuals ordered to deport in Immigration Court proceedings was just under half, or 46 percent.
For more information about the immigration bond hearing process, please take a look at this article: What Happens at a Bond Hearing in Immigration Court?
How an Immigration Bondsman Can Help
An immigration bail bond is a three-party contract between Homeland Security, the co-signer and agent, and the defendant.
It is the agent who guarantees to Homeland Security that the illegal immigrant will be present for each and every required appearance going forward once released on bond. In turn, the co-signer guarantees to the bondsman that they will make sure that the immigrant appears when required. The co-signer of the contract guarantees to pay the full amount of the bond if the person fails to make scheduled appearances.
G&G are skilled immigration bondsman with over 71 years of experience helping loved one being reunited from Immigration custody.
If you have any questions regarding our immigration bail bonds guide, please do not hesitate to contact us for additional guidance at 1-800-628-8888.
Immigration Bail Bonds FAQs
Immigration bail bonds are used to secure the freedom of the detainee in between court appearances by putting up the money for bail, leaving money in the pockets of close friends and family. Bail bonds can be posted after ICE determines that the person is qualified and provides a bond amount. To obtain a bond, the name and registration number of the detainee and the name of the facility where the detainee is being held will be required.
If the individual fails to show up in the court when scheduled, the bonds posted will be subjected to sequestration. Due to this, it’s important for all parties involved to stay in close contact. This helps to ensure the person being released on an immigration bond is kept aware of their required hearing dates.
It is important to note that posting immigration bail bonds cannot guarantee that an individual won’t be deported from the country. It just guarantees that the arrested person can unreservedly meet with their attorneys and take other steps to correct their situations with the U.S. Citizenship and Immigration Service. Learn more about how do immigration bail bonds work by reading our guide.
An illegal immigrant can qualify for an immigration bond in the event that they have been detained by the U.S. Citizenship and Immigration Service. Immigration bonds are used to assure the presence of the detainee accused of a legal violation in federal court. The amount of the bond must be sufficient to guarantee that the defendant will show up for all further immigration procedures.
The person being detained can get an immigration bail bond if they qualify. The detainee must show that such a discharge would not represent a peril to property or people and that he or she is going to show up for any future procedures to the satisfaction of the immigration courts.
If a family member or loved one has been detained by Immigration and Customs Enforcement (I.C.E.), then an immigration bond can help. Obtaining an immigration bond can be relatively easy, finding an immigration bail bondsman is the first step you should take. The bail bondsmen at G & G Bonds are trained to educate you on immigration bonds and assist you in all your immigration needs. Call and discuss with a trained professional to see if your family member or loved one is eligible for an immigration bail bond.
Tip: You can find the status of any immigrant detainee with the ICE inmate tracking tool. You will be given an inmate number that starts with an “A”. You must keep this number and have it handy at all times.
Many factors may affect the price of a bond. ICE will look at the length of time that the person has lived in the US, their family ties, and any other factors that could deem the detainee as a risk. Other factors are if the detainee has any criminal offenses and previous immigration offenses. They may also examine employment history.
If these factors add up, a delivery bond can cost as much as $10,000. The minimum that a delivery bond price can be is $1,500. However, when it comes to departure bonds because they are simpler by nature, these bonds usually cost only $500.