How Do Immigration Bail Bonds Work?

How Do Immigration Bail Bonds Work?

Immigration in the United States today is complex and a very hot issue. Even if you are not a naturalized citizen, it’s important to know you, as an immigrant, still have rights that must be upheld.

According to Syracuse University, the average time to process an immigration case is nearly 600 days. The study is accurate that the average duration of a case is that long, however, detained cases are over much quicker. DHS has mentioned to us that the average duration of an immigration bond is 4-5 years. Posting an immigration bond can alleviate the burden this extended detention places on individuals and their families.

In this article, the G&G Immigration Bonds team aims to inform you about everything you need to know about how immigration bonds work.

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Table of Contents:

What are Immigration Bail Bonds?

Before we go into how immigration bonds work, let’s go over the definition of what immigration bail bonds are:

Immigrations bonds are a financial guarantee that the immigrant will go to all their court hearing, interviews and comply with the FINAL decision of the judge either the immigrant is allowed to stay in the United States or they must go back to their home country.

If the immigrant complies with the bond conditions, then the money is returned to the person who paid the bond or the bond is breached the bond amount is forfeited to the government.

How Much Does an Immigration Bond Cost?

Over the past few decades the price of a surety bond has skyrocketed. Back in the mid 1990’s you could expect to pay around $2,500 fro an immigration bond.

Fast forward to today and the average cost is now $8,000. Bond amounts can be over $100,000 depending on the criminal history of the immigrant.

Bond amount are arbitrarily set by an officer or immigration judge.  Since every case is unique there is no bail schedule.  A variety of factors are taken into consideration with pricing, those being the detainee’s criminal history, risk of fleeing, and associations within the community.

Detention in an ICE facility can be very difficult and inhumane. The best solution is to post an immigration bond as soon as possible. This will allow you to make arrangements with family and seek out legal consultation.

Who Can Pay a Bond?

The only person directly with DHS who can post an immigration bond is a green card holder or United States citizen. This is a regulation put in place by the U.S. government. This responsibility then falls on the detainee’s family members or friends. Anyone can post a bond with G&G as legal status is not a requirement for us.

When the can is concluded DHS will either issue a cancellation (ICE Form I-391) or a breach notice (ICE Form I-323). If an I-391 is issued the bond amount will be returned to the person who paid the bond.  If an I-323 is issued, the bond amount is forfeited to DHS.

What Type of Bonds Can DHS Require?

We can explain in greater detail the type of bonds and how they work below:

1. Delivery Bond (G1)

In consideration of the granting of the application of the above alien for release from custody, the obligor and any co-obligor hereby furnish such bond with the following conditions if: (1) the alien is released from custody and if the obligor and any co-obligor shall cause the alien to be produced or to produce himself/herself to an immigration officer or an immigration judge of the United States, as specified in the Notice to Obligor to Deliver Alien, Form I-340, issued by ICE, upon each and every written request until removal proceedings in his/her case are finally terminated; (2) the said alien is accepted by ICE for detention or removal; or (3) the bond is otherwise cancelled, this obligation shall terminate.

If, however, the obligor or any co-obligor fails to surrender the alien in response to a demand while the bond remains in effect, the full amount of the bond (see Paragraph C above) becomes due and payable upon an administratively final breach determination. The obligor and any co-obligor further agree that no order issued by or under the authority of the Attorney General or Secretary of Homeland Security such that the issuance or execution of any order of removal is or may be deferred shall be in any manner construed to impair or render void this obligation or any part thereof.

2. Voluntary Departure (G2)

In consideration of the granting by the Attorney General of an application of the above alien to depart voluntarily from the United States, the obligor hereby furnishes a bond with the following conditions if: (1) the obligor and any co-obligor ensure that the alien departs the United States on or before the date specified in the order granting voluntary departure, and provides probative documentation of the departure within 30 days of the date specified in the order granting voluntary departure; or (2) the alien is actually accepted by DHS for detention or removal, this obligation shall terminate.

Otherwise the amount of the immigration bond specified in Paragraph C above shall become due and payable upon an administratively final breach determination.

3. Order of Supervision Bond, OSUP Bond (G3)

In consideration of the granting of the release of the above alien pursuant to a post-removal-period order of supervision, the obligor and any co-obligor hereby furnish this guaranty with the condition that: if the alien fully performs all of the conditions of the order of supervision and surrenders for removal, then this obligation shall terminate.

But if the alien fails to fully perform any of the conditions of the order of supervision, or the alien fails to surrender for removal, the full amount of this immigration bond shall become due and payable by the obligor and any co-obligor upon an administratively final breach determination.

4. Maintenance of Status and Departure Bond (G4)

Lastly, when it comes to how immigration bonds work, as a condition of the granting of a nonimmigrant visa to the above alien and/or the granting of the application for admission to the United States of the above alien as a nonimmigrant, the obligor hereby furnishes a bond with the following conditions:

  • If the alien is admitted to the United States for a temporary period as a nonimmigrant and complies with all the conditions of each specific nonimmigrant status which s/he is accorded while classified in such status, including the condition that the alien should not accept unauthorized employment, and departs from the United States on or before the date to which s/he is initially authorized to remain in the United States, then this obligation shall be void.
  • If the alien is granted or has timely and properly filed an application for an extension of temporary admission or a change in nonimmigrant status, and if the alien complies with all the conditions of each specific nonimmigrant status which s/he is accorded while classified in such status, including the condition that the alien should not accept unauthorized employment, and departs from the United States on or before the extended date to which s/he is authorized to remain in the United States, then this obligation shall be void.

The obligation shall become due and payable if the alien: (a) violates any condition of her/his status; (b) files an untimely application for change of status or extension of his/her lawful admission; or (c) remains in the United States after expiration of the temporary period of admission or, if the alien timely and properly files an application for change of status or extension of her/his lawful temporary stay, the alien does not depart the United States within 10 days after denial of such request.

How Do Immigration Bonds Work?: Conclusion

If you have any questions about how immigration bonds work, or the bond process for immigrants, please do not hesitate to contact us for additional guidance by giving us a call directly at 1 (800 ) 628-8888.

The G&G Immigration Bonds team is looking forward to serving you and your loved ones.