Open 24 HoursWhat is an Immigration Bond?
The Department of Homeland Security U.S. Immigration and Customs Enforcement (ICE) does a thorough job when it comes to non-citizens who are suspected of not legally residing in the United States.
The ICE takes these individuals into custody and releases them only when they’ve proven their eligibility for release. Once the detained individual is proven eligible to get out on bond, a judge or immigration agent can set a bail amount for the immigration bond. The amount of the immigration bond depends on various factors including the level of risk involved in releasing the individual from detention.
An immigration bond essentially serves as a guarantee that, after they’ve been released from detainment, the individual with immigration-related charges will attend all court hearings and respect the judge’s decision. Take note that immigration bonds are automatically surrendered to the court if the individual fails to attend their mandated court hearing. The bond is also forfeited if the detained individual loses the case.
What are the Types of Immigration Bonds?
People who have already lost their immigration case or who were apprehended by U.S. officials at any port of entry into the country might not qualify for an immigration bond. The judge also doesn’t grant a bond for individuals who are involved in criminal convictions or terrorist activities. Those who do qualify for an immigration bond may go out on bail under one of these categories:
- Delivery Bond
This bond is similar to regular bail bonds for other criminal acts. It’s meant to secure the individuals appearance at all court hearings after they get out on bail. It ensures that any possible deportation order is followed accordingly.
- Voluntary Departure Bond
Voluntary departure bonds might be on the table if the individual peacefully agrees to leave the United States at their own expense. The bond is paid to ICE but will be refunded after the individual departs for their home country.
- Order of Supervision Bond
Individuals who are out on an Order of Supervision Bond are free to live and work in the United States while their case is ongoing. However, the detainee has to strictly adhere to the set of conditions that the ICE representatives provide.
There are other types of immigration bonds that the immigration judge might settle for. But regardless of the type of bond, the detainee still has to attend their immigration hearings until a decision is made.
Are Immigration Bonds Available to All Detainees?
Generally speaking, immigration bonds are available to all detainees who are facing an immigration case. However, availability doesn’t automatically mean everyone is qualified for an immigration bond. Take note of instances when immigration bonds aren’t an option for detainees.
Immigration bonds aren’t available for the following individuals:
- Detainees who entered the United States unlawfully and who don’t have a lawful status in the country
- Detainees who have a special criminal conviction or who have a record of missing court hearings
- Detainees who were previously charged, ordered to be deported, and failed to follow the order
If the individual has a criminal conviction on their record but was never charged with it by ICE, it is worth asking the immigration judge for a bond hearing to deliberate the availability of a bail bonds option.
How Do You Determine the Value of Amistad’s Immigration Bail Bonds?
Amistad’s immigration bonds process is similar to our regular bail bond process in many ways.
After the bail bond hearing where the immigration judge determines the bail bond amount, you can already contact us for assistance. Our experienced bail bonds agents walk you through the entire process. We’ll pay for at least 15% of the full amount upfront to help you get a loved one out on bail.
We determine the total value of your immigration bond based on these factors:
- The level of danger that the detainee presents to the local community
- The level of threat that the detainee presents to national security
- Whether the detainee is considered a flight risk
Amistad provides immigration bonds services in Raleigh, NC and nationwide. We have bilingual agents to assist all clients. But take note that we don’t offer same day release. Don’t trust bail agencies that “guarantee” same day release prior to ICE’s acknowledgment of the payment.
Let’s discuss your immigration bond needs today and sort out your loved one’s situation as soon as possible.
Who Actually Pays for the Bond?
Immigration bonds may be paid for by anyone who has a legal status in the United States. Of course, the person must show proof that they have sufficient funds to pay for the entire amount. This person is considered the obligor. They can get their money back in full if the detainee attends all mandatory court hearings and complies with the court orders. The payment is made at the local ICE offices.
Frequently Asked Questions
How much do immigration bonds typically cost?
Immigration bond amounts vary depending on the detained individual’s citizenship or residency status, criminal history, employment status and family background. However, departure bonds typically start at $500 and delivery bonds are usually around $1500. There are no upper limits for the bond amount.
Are bond hearings different from immigration hearings?
Yes, they are. The purpose of a bond hearing is for an immigration judge to determine whether an individual can get out on bail while the immigration case is processed. Immigration hearings, on the other hand, refer to the court proceedings that define the case as a whole.
Can detainees ask the judge to lower the bond amount?
Detainees have the right to ask the judge to lower the bond amount or to be released from detainment on their own “recognizance.” The individual may request a bond hearing and present valid points about why the bond amount should be lowered. The judge’s decision in the bond hearing is final.
What do detainees need to prepare for the bond hearing?
There are two things that a detainee has to prove during a bond hearing. First is that they aren’t a danger to the local community or a threat to national security. Second, they have to give their word that they will be present at all immigration hearings until the case is closed.
What is the sponsor letter that is required during bond hearings?
The sponsor letter serves as a detainee’s proof of backing from a family member, employer, probation lawyer, or any other individual who can confidently vouch for the detainee. It should state the sponsor’s relationship with the detainee, proof of citizenship or residency, address, and means of support for the detainee.
