What Happens after an Immigration Bond Is Posted?

An immigration bond is a guarantee to the US government that the subject in question will attend all hearings and will respect the judge’s orders until the entire immigration process is finished. Usually, you’ll be scheduled an immigration bond hearing process within a week or two or even longer depending on the court’s schedule. 

Instead of being held in immigration custody after ICE detainment, there is a regulated process for release. Learn what to expect in an immigration bond hearing and how a bondsman in NC can assist you throughout the process.

 

Handling the Immigration Bond Process

A bondsman in NC, like in any state, offers financial support and service to clients who should be released from the US Immigration and Customs Enforcement (ICE) custody while the immigration trial is ongoing. There are four types of bonds available: delivery bond, public safety bond, voluntary departure bond, and order or safety bond. An ICE agent is the one who sets the bond amount, or sometimes, the detainee can request a bond hearing held before an Immigration Judge (IJ).

 

Eligible Criteria for Being Released

Before the bailout amount is set, ICE agents or the IJ determine if the detainee is eligible for bond. In case you have no criminal record, such as human or drug traffic or money laundering, expect to be released at one point.

Other factors considered before the potential release are:

  • Employment history
  • Family ties
  • The possible impact of detention versus participation in community service

Bond Payment

If you’re eligible for a bond, the IJ will define the release amount at the bond hearing. Ensure that you have all the documents needed, including a letter from the sponsor and a description of how you and the sponsor know each other. Once the payout amount is determined, your sponsor should pay the money to the Department of Homeland Security (DHS), and as soon as the payment is completed, you will be released.

Be aware that the amount may vary, and in some cases, it can be quite high. Fortunately, you can ask for a cost reduction once you know the total amount. 

 

What Happens Once the Immigration Bond Is Posted?

A Woman Reading Documents While Sitting at the Desk in the Office

Once the bond is paid and posted, you get to return home. However, this also marks the beginning of the immigration hearing process, so you won’t be released for good until a final decision on your case is made. And with the bond posted, you become obliged to the respective bond rules. 

Namely, you must attend all hearings and check-ins with ICE as required. You can expect the first hearing to take place 10 to 28 days after your release from detention. 

To be notified promptly, ensure that the court has the correct mailing address. You can also choose to have your case assigned to the court nearest your home address, so you can send a request to make this happen. 

If you miss a hearing – even a single one – know that you can be easily detained, deported, or ineligible for reentering the US for at least five years. In case the immigration process is canceled, the sponsor can initiate a process for refunding the bond.

 

US Immigration Bail Bondsman in NC, SC, and Nationwide

Familiarizing yourself with your rights and the entire immigration court process hearing is crucial. Asking for professional assistance and guidance is vital to prevent you from being unnecessarily detained and experiencing delays in your case.

Our Amistad Bail Bond agents offer complete assistance at every step of your bond hearing and ensure that you are entirely on track with the process and the ICE’s demands. Read all details about our top bondsman in NC service and give us a call to schedule a consultation. 

Immigration Bond How-to: Payments and Refunds

An immigration bond is a financial guarantee to the US government that the detainee will continue the immigration process out of detention. If arrested, they will have a right to be released from immigration custody if the subject meets specific requirements and can pay an immigration bond.

In 2020, the US Immigration and Customs Enforcement (ICE) issued 122,233 detainment orders. About half had a criminal history and less than half, or 43% of them had bond hearings and were granted bond.

Read what a bail bondsman in NC can do for you to get out of custody and be with your family as you navigate your legal obligations.

How to Obtain an Immigration Bond?

ICE agents or the Immigration Judge (IJ) determine if the arrested immigrant is eligible for bond or not. If you don’t have a criminal record, have family and/or relatives who might suffer due to your detainment, and you contribute to society, you are eligible for an immigration bond. 

If that is the case, the bond amount will be set. There are many cases where immigrants are deemed eligible for release, but the price that they have to pay is too high. If your bond amount is unaffordable, you can request an immigration bond hearing and ask the judge to reconsider and reduce the cost of the bond.

Immigration Bond Payment

A Couple Talking to a Lawyer

Once the amount is determined, the next step is to pay for it. A sponsor is a person who can pay the immigration bond on your behalf and complete the paperwork with the ICE agent – while you are still in custody. This is known as “posting a bond.”

A sponsor or bond obligor can be a person over 18 years and hold legal status. Your sponsor can identify themselves and prove their status with valid documentation at the closest ICE ERO, ensuring that the office accepts the bond payment. They will also be asked for their preferred way to pay.

The Payment Method

Usually, the preferred payment method is a certified check from the bank or money order in the amount of the bond made out to the Department of Homeland Security (DHS). Cash and personal checks are not accepted. When posting a bond, the sponsor will get an ICE Immigration Bond form (I-352). It is necessary to keep the receipt for the bond refund after.

Once the bond is posted at the ICE ERO Field Office, the office communicates with the detention center within a couple of hours. If the sponsor posts the bond in the morning, you can be released the same day. Keep in mind that you are obliged by the bond rules in place to attend every hearing and checks-in with ICE as required.

 

Immigration Bond Refund: How Realistic Is It?

Being released actually means that the immigration hearing process has begun. It can take more than a year before the final decision is made, hopefully with obtaining legal status. In both positive and negative outcomes, bond refunds are possible.

ICE initiates the process of bond cancelation and sends the Notice Immigration Bond Canceled Form to DHS and the sponsor at their home address. If the sponsor changes their address during the immigration process, they should inform ICE by using the Obligor Change Address Form (I-333) and ensure a notice of delivery to the correct address.

In practice, the sponsor contacts ICE Field Office to initiate the process and get the Notice Form earlier. The sponsor should send to the DHS a Request for a refund with the received Notice Form, Receipt, and Cover letter.

The bond refund process takes some time, depending on whether the sponsor is in connection with the family or the detained individual or not. The sponsor can also authorize another person to receive the refund.

If the bonded individual misses any immigration court hearing or an ICE ERO appointment, the sponsor will not receive a bond refund.

 

You are Not Alone. We can Help.

If you still feel uncertain about the whole process of how to pay immigration bond,  experienced agents at Amistad Bail Bonds will know the answers to your questions. 

Our agents will help you go through the process as smoothly as possible. Reach out to us today to get the support you need.

Your Document Checklist for Applying for Immigration Bonds

Immigration and Customs Enforcement detained 23,156 people in detention centers so far in 2022.

When a loved one is in an immigration detention center, the first thing you’ll want to do is figure out how to get them out. Immigration bonds make it possible for detained immigrants to await trial at home.

While about 70 percent of the people held in an immigration detention center are there for a month or less, others can remain imprisoned in detention centers for years.

Don’t risk watching your loved one sit behind bars awaiting their turn in immigration court. Find out everything you need to know about applying for immigration bonds right now.

What Is an Immigration Bond?

When a loved one gets detained because of immigration issues, you’ll need to get an immigration bond to get them released from custody while they await their immigration trial.

An immigration bond is one kind of federal bond used to free those detained by U.S. Immigration and Customs Enforcement (ICE). ICE is the government organization tasked with arresting and detaining foreign nationals who are not authorized to enter the country.

ICE can authorize the release of a detainee based on their own recognizance. In that case, a bond is not necessary. If ICE does not release your loved one from custody and sets a bail bond amount, you will need to explore their bond options.

If you’re not sure where your detained loved one is located, you can search for them here.

Who Can Get an Immigration Bail Bond?

Immigration bonds are available for detainees who meet certain qualifications. Many people in an immigration detention center are eligible for immigration bonds.

Those who are eligible can have the necessary bond money paid on their behalf. Those who are not eligible for a bail bond are forced to remain in a detention center while they await trial, which could be months or years.

The majority of people who are not eligible for immigration bonds are those with criminal records.

Types of Immigration Bonds

People detained by immigration have two options when it comes to immigration bonds. As long as the detainee is not a threat to public safety or national security, they can use either type of bond.

Delivery Bond

The purpose of a delivery bond is to allow the detainee to leave the immigration detention center with the assurance that they will be present for all required court appearances.

An immigration judge or ICE official can determine whether a detained immigrant can apply for a delivery bond. The detainee needs to have both an arrest warrant and a notice of custody conditions. Then ICE can release them on a delivery bond.

Once released, the person can be with their family and consult an immigration attorney to prepare for their immigration hearing.

Voluntary Departure Bond

Some detainees are given a voluntary departure bond. This type of bond gives the detainee the option to leave the United States at a set time and at their own expense.

If the person pays the bond to ICE in full, they will receive a refund for the bond once they leave the country. If they fail to leave the country by the set date, they will forfeit the bond money.

How To Pay for an Immigration Bond

There are two different methods you can use to pay for an immigration bond. These include surety bonds and cash bonds.

Surety Bond

A surety bond allows a detainee’s friends or family to pay a portion of the total bond amount. The bail bond agent will charge 15 to 20 percent of the full amount.

When you use a surety bond, the portion of the bond you pay is not refundable.

Cash Bond

A cash bond is when the detainee’s friends or family pay the full amount of the bond directly to ICE. As long as the detainee attends all of their required court appearances, all of that money will get refunded to the person who paid it.

In the event the detainee misses any or all mandatory court appearances, they forfeit the full bail bond amount.

Who Can Pay for an Immigration Bail Bond?

When ICE or an immigration judge sets the bond amount, anyone who knows the detainee can pay the bond as long as they have United States citizenship, a green card, or a valid visa. It can be a friend, a loved one, or someone else.

You can make the bond payment at the local ICE office.

Keep in mind that you will not be able to pay for the bond using cash or a personal check. The only bond payment accepted are cashier’s checks made out to the Department of Homeland Security.

Necessary Application Documents for Immigration Bonds

While any friend or relative can pay for an immigration bond, that person must have legal status in the United States. When applying for an immigration bail bond, make sure to bring the following documents:

  • Proof of legal status
  • Original Social Security Card
  • Government-approved photo ID (driver’s license or passport)

You will also want to have specific information about the person for whom you are paying the bond. You will need their full name, date of birth, and alien registration number.

What To Look For in a Bail Bond Company

There are many benefits to using a bail bond company to pay your immigration bond. Using a bail bond company can get you out of an immigration detention center more quickly.

Using a bail bond company can also result in a lower bail amount. Finally, it gives you the option to pay your immigration bond in installments rather than all at once.

Here’s what you need to consider when choosing an immigration bail bond company.

Meets Licensing and Insurance Requirements

It is important to use a bail bond company that is both licensed and insured. In the event something goes wrong, working with a company that is insured and licensed will protect your interests.

Before you sign an agreement, make sure to ask any bail bond company you are considering about their licensing and insurance coverage.

Good Reputation

You wouldn’t choose an immigration attorney with a bad reputation, would you? Not when your ability to remain in the country is on the line. Don’t put yourself or your loved one at risk by choosing a subpar bail bond agent either.

A bail bond with a poor reputation won’t get you the results you need. Your loved one will likely remain in detention for a longer amount of time. They might charge unfair prices or throw in hidden fees as well.

On the flip side, a reputable bail bond agent is more likely to work with you to get a bail bond payment schedule that works and get your loved one out of detention as quickly as possible.

Experience and Expertise

It is not enough for a bail bond company to have some years of experience with bail bonding. It is important to work with a bail bond company that has experience and expertise with the immigration courts where you live.

Bail bonds are complicated. You don’t want to waste your time working with someone who doesn’t know what they are doing. Make sure to ask about a bail bond company’s rate of success before you agree to work with them.

Affordability

For most people, affordability is important. But bail bonds can get expensive. It is up to ICE or an immigration judge to set the bail bond amount.

While you can negotiate with an immigration judge after the amount gets set, there is no guarantee you will succeed in lowering the amount.

With a bail bond company, it is important to make sure you are getting the best possible deal. You don’t want to be surprised by unexpected charges, hidden fees, or other unfortunate terms.

Make sure to ask up front what the bail bond company’s rates and terms are. Then compare their terms and rates to a few other bail bond companies to make sure you’re not paying more than necessary.

Get Your Loved One Out of ICE Detention ASAP

Are you trying to get a friend or loved one released from an immigration detention center? Immigration bonds are the most efficient way to get your loved one home where they can await their day in court.

Amistad Bail and Immigration Bonds has decades of experience providing bail bond services to the Triangle area in Raleigh, NC. Contact us today to connect with an immigration bail bond agent and schedule a free consultation. 

7 Factors to Consider Before Hiring a Bail Bond Company

The average length of pretrial detention is 26 days. Having a good bail bond company on your side is your best chance of navigating this process and getting released on bond.

The bail bond process can be confusing and overwhelming, especially if you are facing jail time for the first time. There are many factors to consider when choosing a bail bond company, from cost to reputation.

In this article, we’ll take a look at seven key factors to keep in mind when making your decision. This decision you make impacts your future. Keep reading for advice on how to find the right bail bond company for your needs.

1. Reputation

One of the most important things to consider when choosing a bail bond company is its reputation. A bail bond company with a good reputation will be more likely to help you get out of jail quickly. They will also do the work to create a bail bond agreement that is fair and reasonable.

In contrast, a bail bond company with a bad reputation may take longer to post your bail, and they may be less flexible when it comes to negotiating the terms of your bail bond agreement. As a result, it is important to do your research and choose a bail bond company that you can trust.

2. Cost

Bail bonds can be expensive, so you want to make sure that you are getting the best possible deal. It is important to compare the rates and terms offered by different companies before making a decision.

Be sure to ask about any hidden fees or costs that may be associated with the bail bond agreement. You don’t want to be surprised by any unexpected charges, so it is important to ask these questions upfront.

3. Experience

Make sure that the company you choose has a good understanding of the bail bond process and is familiar with the court system in your area. Bail bonds can be complex, so you want to make sure that you are working with a company that knows what they are doing.

Check to see how long they have been in operation and what their success rates are like.

4. Trustworthy

You want to find a company that will keep its promises and not take advantage of you during a difficult time.

It is always a good idea to consult with multiple bail bond companies before making a decision, as this will give you an opportunity to gauge the customer service experience.

5. Availability

Quite often the need for bail bond services arise at night. Always ask about availability and opening hours. A reputable company will have someone available to help you any time of day or night.

You should be able to easily reach the company by phone or email, and the representatives should be friendly and helpful. If you have any questions or concerns, you want to know that you can count on your bail bond company to help you out.

6. Licensed and Insured

When choosing a bail bond company, check to see that they are licensed and insured. This will protect you in case something goes wrong.

Ask the company about its licensing and insurance coverage before signing any agreement. By choosing a licensed and insured bail bond company, you can rest assured that you are protected in case of any problems.

7. Payment Options

Finally, you will want to ask about payment options. Many bail bond companies require collateral in order to post bail, so be sure to ask about this ahead of time.

Some companies may require a down payment, while others may allow you to pay the entire amount over time. Be sure to ask about all the different payment options available so that you can choose the one that is right for you.

Types of Bail Bonds

While we’re here, let’s look at the different types of bail bonds that can be posted in order to secure release from jail. The type of bail bond that is most appropriate in a given situation will depend on the severity of the offense, the amount of bail that has been set, and the ability of the accused to post bail.

The most common type of bail bond is a surety bond, which is posted by a bail bond company on behalf of the accused. If the accused fails to appear in court, the bail bond company will be responsible for paying the full bail amount.

Cash bonds are another option, but they are less common because they require the accused or a friend or family member to pay the full bail amount up front.

Property bonds are also an option, but they can be difficult to obtain if the accused does not own any property.

Finally, there is the option of releasing the accused on his or her own recognizance, which means that no bail is required but the accused must agree to appear for all court appearances.

In some cases, a judge may also require the accused to wear an electronic monitoring device or stay within a certain geographic area. Bail bonds can be complex, so it is important to seek professional help if you are facing charges and need assistance posting bail.

Your Future Depends on Hiring the Right Bail Bonds Services. 

When it comes time to hire a bail bond company, you want to be sure that you’re making the best decision for your future. That’s why we’ve put together this list of seven factors to consider before signing any agreement.

By taking the time to ask the right questions and do your research, you can ensure that you find a reputable bail bond service that will help get you through this difficult time.

Have you contacted us yet? We pride ourselves on providing excellent customer service and would be more than happy to answer any questions you have about our services.

 

How Much Do Immigration Bonds Cost? A 2022 Guide

According to the Pew Research Center, over one million immigrants arrive every year in the US. Immigration to the United States is a complex process.

It involves many procedures for an immigrant to follow. If an immigrant fails to follow these steps, they can be detained.

Do you or your loved ones need immigration bail bonds? If so, then learn more here.

Check our helpful guide to learn more about the purpose of immigration bail bonds and the immigration process. Then you can begin to enjoy your new homeland.

What’s an Immigration Bond?

Immigration bonds are deposited funds held by the federal government during the immigration detention process. Bail bonds for immigration work the same way regular bail bonds do.

Immigration bonds guarantee that an immigrant will appear for every proceeding they need to attend to receive permission to live in the United States. Immigration bond procedures will take effect if any immigrants commit any crime or don’t legally enter the US.

Law enforcement will take the immigrant into custody and transport them to a US Immigration and Customs Enforcement division (ICE) within the Department of Homeland Security (DHS).

After ICE takes custody of the immigrants, they transport them to immigration detention centers while they investigate each case.

An immigration bond is returned to an original payer when defendants receive approval to live in the United States. ICE bond refund procedures are lengthy. The full process usually takes several months to return the bond amounts.

Types of Immigration Bonds

An immigrant chooses between two categories of immigration bonds to be released from detainment while their investigation proceeds. If ICE finds that the detainee poses no threats to the public’s safety, then they qualify for one of the following bonds:

Voluntary Departure Bond

”Voluntary departure” means that if a detained immigrant wants to avoid detention, they will agree to leave the country within 120 days.

This agreement to leave also includes a requirement for the immigrant to pay a voluntary departure bond. A voluntary departure bond usually averages about $500.

The federal government will request the detainee to pay their departure bond when their federal immigration proceeding is done.

This voluntary departure bond represents the detainee’s pledge to honor the agreement that they leave the US. Voluntary bond funds remit back to the original payer when the detainee is officially out of the country.

Delivery Bond

A delivery bond guarantees the detainee’s temporary release as long as they promise to attend all of their immigration proceedings. A delivery bond usually costs around $1,500. This amount can also reach $10,000.

A delivery bond also allows a detainee to remain with their friends or family members. An immigrant can also use this period of time to contact immigrant legal help to guide them through the pending process.

Procedures for an Immigration Bond

If you or your loved ones are detained and request permission to live in the United States, there are immigration bond procedures they must follow. Here’s an outline of each:

  • Call the ICE Office connected to the detention center where your loved ones are detained.
  • Talk to an ICE representative and request their professional assistance. Tell your ICE representative that you request to schedule a meeting with them to pay your loved one’s immigration bond.
  • Make sure that the ICE office you called can accept bond payments from all US states.

When it’s time to have your scheduled meeting with ICE, it’s best to have a cashier’s check ready and written out to the DHS. You can’t deposit an immigration bail bond with cash or personal checks.

A professional bail bondsman can help advise you with this task as well as advise you on other necessary steps.

How Much Do Immigration Bonds Cost?

Initial immigration bond amounts are determined by DHS and the ICE district director. Minimum amounts for immigration bonds are $1,500.

An immigration bond amount set above the $1,500 minimum depends on several factors in the detainee’s case. ICE considers, for example, how long the immigrant lived in the US.

They’ll also consider the detainee’s criminal record, employment history, and US family ties. They’ll also look at whether the immigrant has a record of previous immigration violations.

Can You Appeal Bond Amounts Set Higher Than the $1,500 Minimum?

Sometimes an ICE director sets an initial bond amount higher than the $1,500 minimum amount. When this happens, an immigrant’s relatives can request an immigration judge to lower the higher amount.

This request can be submitted in writing or presented orally. Detainees or their relatives file what’s called a “Motion for Bond Redetermination.”

This motion requests a separate hearing during which the judge will decide on the bond issue alone. Find out more on a “Motion for Bond Redetermination” in this EOIR Practice Manual.

The “Motion for Bond Redetermination” should state the detainee’s reasoning that warrants a bond decrease.

It’s also appropriate for the immigrant’s family member to submit evidence in support of his or her request. Examples of this evidence can include proof of steady employment or a legally present family tie.

The final approved bond amount won’t change unless the reasons why an immigrant’s detention changes. For example, an immigration judge may decide that an immigrant’s pending criminal matter warrants a higher bond amount.

If the immigrant is found innocent, then the immigrant can request a lower bond amount. The immigrant can state that their changed circumstance justifies a lower amount.

Once these facts have been introduced, the judge can then make their final bond determination.

Immigration Bond Hearing Process

An immigration bond hearing is a formal setting where an immigrant appears before an immigration judge. When the hearing reaches a certain point, the immigrant can request their release from detention as their immigration case goes through the investigation process.

Immigration judges then review the facts to determine if the detained immigrant can be relied upon to attend all of their proceedings if they are released. Immigration judges consider certain factors to determine the detainee’s reliability.

These factors include:

Immigration Sponsorship

Immigrants coming to the US must have a sponsor who also lives in the US. Immigration laws require a sponsor to also be a legal resident who can support the immigrant throughout the proceedings.

A sponsor should put together a letter that includes their home phone number as well as their personal address.

A sponsor also needs to prove that they live at their referenced address. Utility bills that identify the sponsor as the paying resident are a good way to prove this residency requirement.

A sponsor’s letter should also include a description of how they know the detainee.

Copies of marriage certificates are examples of proof that support the personal connection. Photos during special occasions or holidays will also help demonstrate a personal relationship during the immigration hearing.

Family Ties

Immigration judges will also consider if the detainee has family members currently living within the US. Judges use this factor to see if the immigrant is currently responsible for caring for children.

Family ties can also demonstrate that immigrants plan to apply for marriage-based green cards.

Employment and Financial Independence

Immigration judges will consider whether the immigrant is working at a full-time job or is financially independent. Recent paycheck stubs or recommendations from a work supervisor will prove a reliable job.

An immigrant can also provide copies of their real property deed or apartment rental agreement to show they have financial independence.

Immigration Bond Refund Process

When an immigration proceeding is over, the immigration bond refund process begins. This is the point where ICE will contact the DHS Debt Management Center (DMC) and cancel the bond. After this step, the DMC forwards a bond cancellation notice to the original bond payer.

It’s crucial that you find immigrant legal help to guide you through these complex procedures. These professionals will help you secure a nearby resource to find the bond type you need. Securing the right bond is your first step in this long process.

What Are Your Next Steps?

If you or your loved ones are detained, this is your time to start gathering any evidence. Find your proof that shows you and your loved ones aren’t public safety risks.

As your bond hearing draws near, collect your utility bills, rental agreements, and old paychecks that show you are financially independent.

It’s easy to be confused when you’re new to a country. Be secure in knowing that the resources you need are available to help you with this challenging task. You can also find more insights on our website on the immigration bond process.

7 Things You Should Know About Immigration Bonds

In 2020, the U.S. Immigration and Customs Enforcement (ICE) department made 103,603 immigration-related arrests.

Many people coming to the United States overstay their visas. Yet others are here under the radar in violation of immigration law. In either situation, immigration officials face the problem of finding and returning these people to their countries of origin.

To make it easier to enforce immigration law, Congress passed the Immigration and Nationality Act. This law allows a government official to require an immigration bond for someone suspected of immigration violations.

If you or someone you love is detained, you can use immigration bonds to keep your loved ones in the country and out of exile.

Keep reading for ten things you didn’t know about immigration bonds and how to start the process today.

1. What Are Immigration Bonds?

The U.S. legal system has stricter immigration laws than many other countries, so it’s essential to stay informed. If your citizenship status is not accurately listed, you might be detained in prison for some time. This is when you may qualify to apply for an immigration bail bond.

An immigration bail bond is a type of government bond which you might be responsible for posting to release yourself or a loved one from immigration detention.

Before you’re released from custody, you must ensure that the court is satisfied that you will appear for all future court procedures.

When ICE lets you go, they will attach a bond to your freedom in the form of a promise to abide by any conditions set by the court. Only specially licensed agents can process an immigration bail bond.

Although you might get bail, it won’t erase your previous charges or status in the United States. You can get a bond and be released from jail while your case is being processed.

Once you’ve paid your bond, you are still obligated to show up for all court dates and report to immigration officials.

2. There Are Types of Immigration Bonds

The process for immigration to the U.S. is a little more complex than for other legal situations. People who have immigrated before know about the complexity that can arise. It’s all too common for people to be poorly informed, ill-prepared, and defer costs into the future.

Before you know the type of immigration bond you need, it’s important to understand what they are and how they work.

Immigration bonds come in two forms: the delivery bond and the voluntary departure bond.

Voluntary Departure Bond

A voluntary departure bond allows you or your loved one to leave the country on your own terms and your own expenses.

Once you pay the bond and leave the country, you will receive a full refund of the immigration bond amount. However, if you don’t leave the country, you will forfeit the bond amount and not receive a refund.

Delivery Bonds

A delivery bond is for an illegal immigrant who has been detained by ICE and qualifies for the bond by the immigration judge. This type of bond requires that you meet specific criteria. You can be issued a warrant of arrest and then get a notice on the terms of custody.

Delivery bonds allow the judge to make sure you turn up to all your hearings if you’re arrested. They also allow you to spend time with your family instead of sitting in prison.

3. Not All Detainees Will Qualify

People with a criminal background are historically incapable of being offered bail bonds and may not be able to receive them. The following conditions will prevent you from seeking the help you need:

  • You have a deportation order and are avoiding being removed from the country
  • You have past charges that are criminal in nature
  • A judge deems you a threat to national security or the community

Your immigration attorney can help you prepare strong evidence that you qualify for a bond. They might require documents or other proof of:

  • Close family ties: A letter of support from family members, a copy of your marriage certificate, or photos with family members or loved ones during get together and holidays
  • Immigration sponsorship: Ask a legal resident of the U.S. to prepare a sponsor letter that states how you know each other, their contact details, and proof of residence
  • Community ties and support: Proof of local organization membership (such as a church) or volunteering; letters of support from community members
  • Employment and property ownership: Proof of financial independence through paycheck stubs, letters of support from your employer, or property deeds

Documentation is essential to a successful immigration bond hearing. If you show your judge enough supporting documents, they’re much more likely to feel that you’re eligible for a bond.

4. Immigration Bonds Require a Hearing

An immigration bond hearing is a proceeding that allows the judge to decide whether to release you from custody while waiting for your deportation hearing.

What happens at an immigration bail bond hearing?

On the day of your hearing, you will be transferred from your detention to the courtroom. If there is no on-site immigration court at the facility, you may appear in front of a judge via video conference.

To attend a courtroom proceeding, you or your loved one must wear federally-issued clothes and shoes. Unless you have committed a violent crime and would need extra protection, the court will not require restraints like handcuffs or shackles. The bailiff will instruct you where to sit, and you cannot interact with anyone except your lawyer.

The judge will first determine whether or not the government has enough evidence to continue holding you in custody. If they do, the judge will deny your request for release and set a date for your deportation hearing.

If they don’t have enough evidence, the next step is determining how much money you need to pay as bail.

5. Immigration Bail Bond Costs Vary

The bond amounts are set by either an immigration judge or ICE. Factors like your criminal history, immigration status, and current employment situation can raise or lower the bond amount.

If there are significant U.S. family ties or a lack thereof, the judge will consider this.

There may also be different levels of bonds that you can obtain depending on your charges and level of risk to the community. The cost of immigration bonds can start as low as $500 and go over $50,000 or more.

You can pay for an immigration bond through a surety bond or cash bond:

  • Surety bond: When you or your loved ones work with a trusted immigration bondsman to pay the bond (cash or real property required as collateral). 
  • Cash bond: When you or your loved ones pay ICE’s bond in full; once you’ve all made court appearances, the money is fully refunded.

6. You Can Appeal a High Immigration Bond Amount

If a relative has requested that an immigration judge reduce the initial bond amount, some will do so. You can submit this request in front of a judge or in writing.

You or a loved one can also file a “Motion for Bond Redetermination.” This would grant you a separate hearing during which the judge will consider the bond amount. Your motion should simply state why you believe the bond should be decreased.

Your motion should also include evidence supporting the request, such as proof of steady employment, land ownership, community involvement, or steady employment.

If the judge thinks there is sufficient evidence, they will determine an appropriate bond amount. The bond amount will typically not change again unless the circumstances related to the noncitizen’s detention change.

For example, if one factor the judge used to make the bond determination was a pending criminal case that has since been dropped or resolved, you can ask that the judge lower the bond based on the changed circumstances.

7. You Can Get Your Immigration Bond Money Back

Certain types of immigration bail bonds qualify for refunds. To get the bond back, you have to hold on to the original document you signed at ICE when you originally paid your bond.

Additionally, you or your detained family member must comply with the judge’s orders. This applies whether a judge orders you or your loved removed or grants relief.

Be sure that you or your relative understands that any missed hearings, attempts to flee proceedings, or anything of the like will result in all of the money being forfeited.

Schedule a No-Cost Immigration Bond Consultation

For anyone who has been arrested and needs an immigration bail bond, please get in touch with a trusted immigration bonds agent like Amistad Bail Bonds. We will discuss options with you and your loved ones so that you can get back on the right path.

We are here to help you with any bail-related services 24 hours a day, seven days a week. Contact our office for a no-cost consultation.

The Process of Getting Your Immigration Bond Back

According to latest data from the Immigration and Customs Enforcement (ICE), there were nearly 250,000 immigrants detained across 200 jails in the U.S. in the Fiscal Year (FY) 2021. Once detained, eligible immigrants may be temporarily released through an immigration bond.

What is an immigration bond?

An immigration bail bond is a payment that allows an ICE detainee to be temporarily released as long as they show up for all court-mandated appearances (delivery bond) or depart the country permanently at their own expense (voluntary departure bond).

The person who posts the bond money is known as the obligor and must be a U.S. citizen or a person with legal status in the country. Usually, a friend or a family member posts the bond, but the detainee may also use the services of a bail bondsman.

If you posted bail on behalf of your immigrant friend or family member, you would become the obligor. As long as the person you helped meets the bond conditions, which usually includes showing up for all court proceedings, you can get the bond money back.

Upon posting the bond, ICE will provide you with several forms and the receipt of your payment. As an obligor, you must safeguard these documents as the refund process requires them.

How to Get an Immigration Bond Refund

While obligors are entitled to the return of the immigration bond they posted, it will not be returned automatically. This is why you must take proactive steps and keep up with the proceedings, which could take months or years.

Suppose you posted a voluntary departure bond, which requires the bonded individual to leave the country voluntarily. In that case, ICE needs to receive proof that they have returned to their home country from the U.S. consulate or embassy there.

For those out on a delivery bond, ICE will send a notice of immigration bond cancellation to your address once the court proceedings have concluded and the bonded individual has met all the conditions of their temporary release.

Keep in mind that ICE will send the notice to the address you originally used when posting. If you moved between the time you posted the bond and the conclusion of proceedings, you must have it forwarded to your current address.

To receive a refund, you need to present or send the following documents to the Department of Homeland Security’s Debt Management Center:

  •         Form I-391
  •         Form I-305 or Form I-395
  •         Form I-352 if available.

The first document, Form I-391, is the notice of immigration bond cancelation that ICE will send to your address. Meanwhile, Form I-305 is your receipt for posting the immigration bond.

If you lose the original receipt, you can print and complete Form I-395, also known as an Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security.

Finally, Form I-352 is the original copy of the bond contract. Though not required, sending this with the other documents is ideal when you mail the necessary documents to the Debt Management Center.

Once accomplished, the Debt Management Center will refund you for the original amount of the bond. In addition, if the bond has accrued any interest during the proceedings, the amount will also be added to your total refund.

You can expect the refund a few months after the conclusion of the court proceedings.

people walking on an elevated bridge

What happens if the bond terms are not met?

If the bonded individual fails to meet the conditions of the bond, they will be considered a fugitive by ICE.

This can happen if they don’t appear at immigration court hearings or ICE check-ins (for those out on delivery bond) or if they fail to leave the U.S. (for those granted a voluntary departure bond).

When these situations occur, an obligor will receive ICE Form I-340 or Notice to Obligor to Deliver Alien. This notice lets you know that you should present the bonded immigrant to ICE at a specific date and time.

If you fail to do so, you will receive ICE Form I-323 or Notice of Immigration Bond Breached. The same thing will happen if the individual doesn’t complete the removal proceedings, has self-deported, or doesn’t report to the U.S. embassy upon returning to their home country.

ICE Form I-323 means you will not receive an immigration bond refund.

Work with Amistad Bail Bonds

As illustrated above, it can be tricky to post a bond for someone else. This is why many use the services of a bail bond company like Amistad Bail Bonds. We provide immigration bond support for ICE detainees in North Carolina, helping families and friends settle legal immigration matters quickly.

Schedule a free consultation with a bail bondsman in NC today.

What to Do When an Unauthorized Immigrant Gets Arrested

Did you know that unauthorized immigrants make up nearly a quarter of the US foreign-born population? If you or a loved one is an unauthorized immigrant, then you likely live in fear of potential ICE arrest.

While it can be a terrifying possibility to consider, it’s important to prepare. When you know how the immigrant detainment system works, as well as your rights when detained, you have the best possible chance at your immigration hearing.

That’s why we made this guide. In it, we’ll go over everything you need to know about what to do following an unauthorized immigrant arrest. Let’s get started!

How An Unauthorized Immigrant Typically Gets Arrested

Before we take a look at what to do when an undocumented immigrant gets arrested, we first need to take a look at how it happens. This is important because it determines how you can find the individual that’s being held in custody.

Usually, we think that ICE is the agency that handles all arrests. While they do perform the vast majority of them, the individual can be taken into custody by any law enforcement agency.

Typically, this happens if the unauthorized immigrant has a traffic violation or gets arrested for a criminal violation. But, for the most part, these individuals are likely to only be apprehended by ICE agents.

So, where does ICE typically arrest people? Most commonly either during a workplace raid or at the house of the individual. This is why you should never answer the door for an ICE agent if you’re an unauthorized immigrant.

Unless they have a warrant for your arrest, they can’t legally enter your home. Not sure of your immigration status? Follow this advice to find out.

Most of the time ICE will avoid sensitive areas, like places of religious worship, schools, healthcare facilities, and other types of public gatherings.

That being said, ICE agents have been known to use dubious methods like driving around in unmarked white vans and misidentifying themselves as police offers. While these methods are misleading, they’re unfortunately legal. 

What Happens Directly After the Arrest? 

What happens after your arrest depends on who you were arrested by. For example, if ICE agents arrested you, then you will likely be interviewed and placed into custody.

But, it’s not as simple if you were arrested by another law enforcement agency (or LEA). When this happens, the LEA will typically contact ICE and tell them they have a likely unauthorized immigrant.

ICE will then place a detainer on that individual. This is used when ICE agents can’t get to the person immediately. So, instead, they ask the law enforcement officers to hold them for some time until they can get there and interview the individual.

This will determine whether or not they’re taken into official custody. Legally, an ICE detainer cannot hold you for more than forty-eight hours. If this period passes, then it’s against the law to hold you.

That being said, many officers either don’t know this or will ignore it. Since this is a violation of your federal rights, you are entitled to file a petition with a federal court.

In it, you can either challenge the conditions of your detention or seek out civil damages. If you’re trying to find a loved one that’s been arrested, then your best chance is ICE’s online detainee locator system.

However, keep in mind that they likely won’t be in the system until ICE officially decides to take them into custody.

Also, remember that ICE doesn’t always put the people they arrest into custody. Often they will let parents and young children go home as long as they’re monitored. 

Removal Proceedings Begin

After the arrest has been placed in the ICE agent’s hands, they’ll decide whether or not to begin removal proceedings. If they decide that there is enough evidence, then they will charge you.

Typically, the charge will be either unlawful entry or overstaying in the country on a nonimmigrant visa. In some cases, they might add additional criminal charges if they’re applicable.

The ICE agents will start the removal proceedings by serving you a notice to appear (also known as an NTA). This document will list the charges against you and the date of your deportation hearing.

Keep in mind that after being detained the ICE agents have seventy-two hours to serve you with an NTA. If they neglect to do this or issue an incomplete one, then you may be able to get out of it.

Regardless of the status of your NTA, you have a right to fight the charges by meeting with an immigration judge. This is true even if the charges are true. Some judges may still be willing to grant you relief from removal. 

Transfer to Immigration Detention

Once you’re in ICE custody, you will eventually be transferred to a holding facility. This facility might be operated by ICE, or it could be a private contractor.

When you’re detained, ICE will give you one free phone call to contact a loved one. Because of this, you should make sure that you memorize the phone number of a loved one.

If you can’t remember or no one is picking up, don’t panic. You can establish an inmate account to make more phone calls. But, you will need to pay for them.

Assuming you can’t get a call out, then it will be up to your loved ones to find you. Unfortunately, this can be challenging. ICE isn’t obligated to keep you in a local facility.

So, there’s a good chance you could end up in another state entirely. Remember that when you’re in custody you don’t need to sign anything. So, if ICE agents are pressuring you to make sure you refuse.

These could be documents that forfeit your right to a proper immigration hearing. If you don’t speak English, then you also have the right to an interpreter. 

Immigration Bond Release

In this section, we’ll briefly go over how the immigration bond process typically works. However, if you want a more in-depth resource, make sure to check out our full guide here.

First off, you might not even be allowed on bond release. If they believe there’s a risk you’ll miss your immigration hearing, or that you’re a danger to the community, then you won’t be allowed.

If you are allowed bond, then the ICE officer will typically assign the amount by 2:00 pm on the day when you arrive at the facility. The lowest bonds are typically set around $1,500.

However, in some cases, they can be as high as $25,000. If you aren’t granted a bond, or the bond amount is set too high, you have the right to ask an immigration judge to reconsider.

Know that this can take some time. Once you attend the immigration court hearing, then your bond money will be returned to you. If you need help navigating your court hearing, make sure to check out this online resource

Tips For When You or a Loved One Is Arrested

Remember that when you’re arrested, you have the right to remain silent. Indeed, it’s almost always recommended. Don’t let ICE agents convince you otherwise — some may try to convince you that staying silent is a sign that you’re guilty.

Instead, ask to talk to a lawyer. The government will not provide you with a lawyer, but you can hire one privately. If you can’t afford an immigration lawyer, some groups provide free or low-cost legal advice.

Sadly, there are very few circumstances where immigration agents and judges can be helpful. By this, we mean that they often purposely withhold information or don’t fully explain your options.

So, be wary of anything they tell you. Wait until your lawyer is present to discover what type of situation you’re looking at and what your options are.

When you meet with your lawyer tell them every bit of information, even if it doesn’t feel relevant. That way, they get the full picture and can advise you accordingly. 

Need Help With Immigration Bonds? Contact Amistad Bail Bonds

We hope this article helped you learn what to do after an unauthorized immigrant gets arrested. After you locate your loved one, the most important thing is to find a bail bond service that you can trust.

If you live in the Raleigh, NC Triangle area, then look no further than Amistad Bail Bonds. We have decades of experience in the field, which has helped us develop strategies to get your loved ones out as soon as possible.

So, contact us today to get the help with immigration bonds that you need — we’re open 24/7. 

Why You Need Immigration Bond Services

Having an immigrant loved one detained by Immigration and Customs Enforcement (ICE) is a harrowing experience. Immigration bond services can work with you to secure their quick release and provide you with the information and support you need to make their case in court. This article will discuss when you need bail bonds for immigration, why you need them, and how a bail bond agent can help.

When Do You Need Bail Bonds for Immigration?

ICE can detain an immigrant if they have reason to believe that the person is in the United States illegally. This includes if the person has overstayed their visa, entered the country without proper documentation, or committed a crime.

ICE detainment usually occurs when federal agents take an immigrant into custody. This can happen if the immigrant is stopped for a traffic violation or is arrested by local police. There are also other ways immigrants can be flagged by authorities.

Once an immigrant is in ICE custody, they will typically be held at a detention center until their case is resolved. That can take weeks or even months to resolve. During this time, the immigrant will be unable to leave the detention center.

In some cases, ICE may release an immigrant on bond. These cases are typically considered low-risk, and the immigrant is not considered a flight risk. Bailable ICE cases typically involve immigrants who have committed non-violent offenses and have strong ties to their community. 

Suppose an immigrant does not have a criminal record or does not pose a threat to public safety. In that case, they may be able to post bond and be released from ICE custody pending the outcome of their case.

The amount of bail is set by a judge. It is based on the severity of the crime they are accused of, their criminal history, and whether they are considered a flight risk.

When you post bail with the court, you promise that your loved one will show up for their scheduled hearing. If they do not appear, you forfeit the entire bail amount.

lawyer writing documents

Why Do You Need Bail Bonds for Immigration?

In many cases, the bail amount might be too high to pay for independently. The judge determines the amount based on residency, family background, employment history, and any criminal record. If you cannot post bail, your loved one will remain in custody until their trial. This can be very stressful for both you and your loved one, so it is vital to do whatever you can to get them out of jail as soon as possible. 

Get help from an immigration bail bond agent. This allows you to pay only a percentage of the total bail amount plus collateral. Amistad, for example, has two immigration bail bond options that you can secure.

The first option is the full cash collateral immigration bond. For this type of bond, you can get the total cash collateral in addition to a $100 application fee and a 2% premium cost. 

Suppose you don’t have the resources to pay for a full cash collateral immigration bond. In that case, your immigration bond agent might recommend paying the 15% premium cost of your immigration bond total, with liens on real property as a collateral requirement.

These bonds don’t charge annual renewal or maintenance fees while the case is active.

How Can Immigration Bond Services Help You?

In addition to posting bail, immigration bond services can help you with the paperwork and documentation needed to file a petition for release from custody. They can also provide you with information about the legal process and what to expect at your loved one’s hearing.

If you are facing the possibility of your loved one being detained by ICE, contact an immigration bond service as soon as possible. They can help you navigate the process and work to get your loved one released from custody as quickly as possible with immigration bail bonds.

It’s essential to do your research and choose an established bail bond agent. By working with an experienced and reputable company, you can rest assured that your loved one will receive the best possible care and representation.

Our licensed immigration bail bond agents at Amistad Bail Bonds are available around the clock to secure the quick release of your loved one. Learn more about how our immigration bail bond agents can help you. Request a free consultation today.

10 Things You Should Know About Immigration Bonds in 2022

More and more, migrants are being detained and held for long periods of time. As we speak, around 18,000 people remain in ICE detention to await their deportation or bond hearings.

Fortunately, there are things we can do to protect ourselves and our loved ones from long stretches in detention, and they’re easier than you think. Here are some of the most important facts about immigration bonds that you need to know in 2022.

1. What Are Immigration Bonds?

Essentially, an immigration bond is a sum of money put up on a detained non-citizen’s behalf. This money will be returned to the payer if the detainee shows up for all their court dates and other appointments with relevant US immigration authorities.

Immigration bonds are a way to get somebody out of immigration detention until they have appeared in court. Assuming they appear at every meeting, the money for the bond will be reimbursed to the payer regardless of the court outcome. 

Once paid, you will receive an official document from the Department of Homeland Security (DHS) to confirm that you’ve paid the bond, which you will need to receive an immigration bond refund later on.

2. Who Is Eligible for Bond?

Unfortunately, not everybody detained is eligible for bonds. Some non-citizens are subject to mandatory detention and can’t get out on bond. Most often, people with criminal records will not meet the immigration bond requirements.

However, the majority of non-citizens entering the country (regardless of how) are eligible for bonds.

If ICE decides you or your loved one are not eligible for a bond, you can still request a bond hearing at your first court date. Tell the judge you would like to request a bond hearing as soon as possible, prior to a deportation hearing.

You can also write the judge a bond hearing request letter and send it to Immigration Court, 1 Federal Drive, Suite 1850, Fort Snelling, MN 55111 as soon as possible.

3 . You Can Pay for a Loved One

You can pay immigration bonds for a relative and receive your money back in full if they appear to all of their necessary court dates and meetings. However, the amount has to be paid by a person who is residing in the United States lawfully with a green card or citizenship.

This can be a friend, family member, concerned citizen, or anybody else. If that’s you, ensure you have your social security card, proof of identification, and legal status

Also, try to provide the name, date of birth, and alien registration number of the detainee to the ICE office as soon as possible, and the bond can only be paid with a cashier’s check (money order) and not cash or personal check.

To receive reimbursement later on, you will need to store the original document that you signed at the local ICE office at the time you paid the bond. 

4. Detentions Are on the Rise

At the end of last year, ICE detentions were up 56 percent since President Biden took office, which was a slight decline from the summer, where we saw a 70 percent increase.

Either way, detentions are quite high at the moment and are likely to remain high for the foreseeable future. 

Also, President Biden recently reinstated the controversial Migrant Protection Protocols (MPP), which are more commonly known as the Trump-era “Remain in Mexico Policy.”

These policies sent many migrants over the border into Mexico without trial, regardless of their employment or family status.

While Biden has formally denounced this exact policy, his administration is enforcing similar protocols supposedly due to the pandemic.

Also, while Biden has recently moved to officially end the MPP, the Supreme Court agreed to take a case on whether or not it must remain in effect.

5. There Are Minimum Bonds

Currently, the minimum immigration bond is $1,500. Beyond that, bail can be set at any price as determined by the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE).

While circumstances may vary widely, the amount set will likely be impacted by a number of factors, including:

  • Criminal background
  • Previous immigration violations
  • Employment history
  • Family ties in the US
  • Length of time in the US

Other factors may be considered on a case-by-case basis, but these are generally what determines the amount set.

Unfortunately, many families cannot afford to pay these bonds out of pocket, even with a minimum of $1,500. However, most will cost in the range of $14,500, with a maximum set at $250,000.

If you are unable to pay, there are immigration bond services available for qualifying families to help release their loved ones from detention.

6. Bonds Only Require 15% Upfront

If you are required to pay $2,000 for a bond, you will need to pay $2000 to the ICE office initially. However, if the person you bail does not appear for their court obligations when the time comes, you will forfeit the total bond you paid.

Once the case is over, it could take a month to receive your deposit back. After 4 months have passed, if you have not yet received your immigration bond refund, contact ICE or ask your immigration attorney to investigate the situation.

For more information, see the current rates so you know what to expect.

7. Interest Rates Apply

Applicable until March 31, 2022, the current interest rate for immigration bonds is 0.6 percent, which does fluctuate over time as decided by the Treasury Secretary.

Last year, the rates were between 0.15 and 0.9 percent, so they may change in the upcoming quarter. However, there are laws stipulating that the interest rate may never exceed 3 percent.

This means that you will receive your deposit, along with appropriate interest for the amount of time you had to wait for proceedings to take place.

8. Preparing Ahead of Time Is Key

If you have an undocumented friend or relative living in the United States, it is best to develop a bail bonds plan. Around 23 percent of all immigrants in the US have been apprehended by ICE, meaning that your loved one has around a one in four chance of detention.

For that reason, we suggest developing a strategy ahead of time to plan for the worst, as this will limit their time spent in detention. This is especially true if they have to wait for a bond hearing or if they are far away from home at the time of the apprehension.

9. Cases Are Backlogged

The USCIS case backlog has grown exponentially in recent years, reaching more than eight million pending cases at the end of 2021, and seemingly continuing to grow into 2022.

Since the start of the pandemic, embassies have remained closed or inactive around the world, causing greater delays within the US State Department. This has caused serious delays for over nine million green card applicants.

The majority of those waiting are on the family-based green card backlog, while around 1.6 million are waiting on the employment-based backlog.

Of course, that is on top of the already understaffed immigration courts, causing an average of a 58-month wait time for cases. That’s nearly five years.

Unfortunately, without bonds, this often leads to lengthy stays in detention or premature deportation. Fortunately, there are ways to find help.

10. Help Is Available

Lastly, there are options available to detainees and their families looking to pay for these bonds and get their loved ones out of detention. Not everybody has the money to spend upfront.

Believe it or not, there are even national bond fund programs like Freedom for Immigrants. The service seeks to help families of detainees raise money to pay for their bonds.

However, these organizations work on a small scale and have only been able to release around 460 detainees so far.

For a much faster solution, you can compare bail bondsman rates so that you only have to pay a small fee at the end. If your loved one appears to their specific obligations, you’ll only owe a small fee for the services, which requires no large deposit.

Either way, getting them out sooner, rather than later, is important. Due to the backlogs, people can stay in ICE detention for years at a time without bond.

Find Help Today

Now that you know all about immigration bonds, how they work, and what you can do, get your loved one out of detention as soon as possible. Nobody deserves to spend years in detention just to await a hearing. The sooner you find help, the sooner you can get back to your life.

Stay up to date with our latest legal news for immigrants and feel free to contact us with any questions or for help covering your bond!