Are you or a loved one in a situation that requires an immigration bail bond? Being detained or arrested by ICE is often a frightening and confusing process.
If you or someone you love has been detained due to immigration reasons, you will want to help release them quickly to prevent any further emotional or physical stress. Being knowledgeable about the immigration bond payment process and options can help with a smoother transition after leaving an ICE detention center.
Continue reading to learn more about the immigration bond process and the average cost of immigration bail bonds.
The Booking Process
The first step of the immigration bond process is booking. After arresting an undocumented immigrant, they go to a detention center. They may be eligible for a bond. At this point, ICE gathers information about the individual, checks their immigration history, and takes their fingerprints.
If an individual has no prior deportations or convictions, it’s classified as “non-criminal” This plays a role in ICE’s decision to place an immigration hold on the person.
If ICE places a hold, this means they are considering the case and will most likely place a bond amount once the detainee is eligible. If warranted, an immigration hold can still if there are previous convictions and deportations, each decision determined on a case by case basis.
After booking you, ICE officers become notified of the arrest and then have two days to investigate their immigration history and determine their bond eligibility.
The ICE officers and the judge determine the bond amount and eligibility at the bond hearing. The detainee’s eligibility will largely depend on two factors. The detainee must not be a flight risk or a danger to the community. Denial of a bond can happen at a hearing if the individual has been previously deported or committed a serious offense.
An immigration bond is the amount of money set by a judge or ICE. After receiving the total payment, an officer will release you or your loved one from the detention center. An immigration bond is a financial guarantee that the detainee will be present at all scheduled court appearances.
If the detainee fails to show up to any court appearances, the immigration judge or ICE can issue a warrant of arrest. The set amounts for immigration bonds tend to be higher to encourage timely appearances in court. If an individual misses their court date, this will result in forfeiting the bond money and even deportation.
In some situations, an immigrant may be eligible for bail instead of an immigration bond. This results in the pretrial release from custody, not immigration detention release.
Types Of Immigration Bonds
There are three types of immigration bonds to choose from. Having a clear understanding of each will help you decide which bond is the right fit for you and your situation.
You can discuss other bond options with your immigration judge. Remember, the judge rules the final decision; you will need to attend all immigration court hearings.
The delivery bond works similarly to regular bail bonds. This bond ensures that you are present at all future court hearings after release on bail. This type of bond also ensures a deportation order, if necessary.
Voluntary Departure Bond
A voluntary departure bond is when the individual agrees to leave the country voluntarily for a specified amount of time. Once paid in full, it is refundable to them once they have departed the country. Failure to leave will result in forfeiting the refund.
Order Of Supervision Bond
This type of bond is unique because it allows you to live and work in the United States during your ongoing case. However, you must follow all conditions and restrictions set by ICE officers.
Immigration Bond Eligibility
It is important to note that not everyone qualifies for an immigration bond. For example, any individual apprehended trying to cross the U.S. border will not receive an immigration bond.
Any undocumented immigrant that has not violated the law in any way, and is held in a detention center, is eligible for an immigration bond.
Involvement in terrorist activities or criminal convictions will result in no bond granted to the individual. Remember, you can always ask to speak with a lawyer before moving forward with any bond hearing.
Average Bond Cost
You may be wondering how much do immigration bonds cost? The initial bond amount will be set by the Department of Homeland Security and ICE. The set delivery bond minimum is $1,500. How high the bond is set beyond that amount will depend on various factors in your or your relative’s case.
An immigration Bail bond can vary greatly in cost. There are 4 items that significantly affect the price of the bond. An individual’s criminal history or record will be highly considered.
ICE will consider the citizenship or residency status to determine how long they have been living in the United States; this can include any family relationships. Lastly, ICE will consider employment history and family background.
Typically, voluntary departure bonds start at $500. Delivery bonds start at $1,500; however, bonds do not have a cap limit. Meaning they can increase to thousands or even tens of thousands of dollars. Each situation is different and will require a specific type of bond to best fit your needs.
Paying For A Bond
Once the final bind determination is made, the bond can be paid by any person who is located in the United States legally. This includes a friend, relative, or any other individual.
When going to pay, take proof of your legal status. This includes your Social Security card and a photo ID to take to the ICE office. You will also need the name, date of birth, and A-number of the detainee.
The person who pays the bond is called the obligator. You or someone you know can utilize the different payment options. You can pay the total bond amount to ICE or your nearest DHS office. ICE accepts cashier’s checks, money orders, bank-certified checks, and postal money orders. They do not accept cash or personal checks as forms of payment.
Receiving Money Back
Once the court has resolved your case, if you continue to cooperate, you will get back the bond with interest. When working with a bond agent, your premium is non-refundable. You will, however, get your collateral back when the case is resolved and can cancel the immigration bond.
In many cases, people can’t afford bonds. Hiring an immigration bond agent can help you financially. The bond company will pay a percentage, and you pay a percentage of the bond. This is called a bond fee or premium. The prices can vary from state and company.
Certain situations may call for someone to use collateral to secure their bond application. Collateral could be a car, property, bank stock, or any items of value.
In many cases, ICE will release you on the day your bond is paid. The faster you pay the bond, the quicker you or your loved one can be released from the detention facility.
When you are detained, ICE might give you paperwork that declares a bond amount or no bond at all. You have the right to ask the judge for an immigration bond hearing.
Many wonder to themselves, can you change the bond amount? At the bond hearing, you have the opportunity to ask for a bond if you were not granted one originally. You can also ask the judge to lower the amount of the bond given by ICE.
Ask for a bond hearing right away if you know you have requests for the judge. You can request a bond hearing by writing a formal letter to the judge. Be sure to include your name, A-number, and a request to have the hearing.
Leave yourself time to gather the evidence before the scheduled hearing date. If necessary, you can always ask the judge to reschedule until you have all the required materials.
Ultimately, the bond hearing is for the judge to decide where to release you on bail while the immigration case is being finalized.
Help With Immigration Bail Bonds
Staying in a facility similar to jail is one of the most stressful experiences a person can go through. Being detained by ICE due to immigration is a serious issue, and we are here to help. Know what steps to take when faced with being in a detention center so you can proceed accordingly.
If you are in need of financial help with bail, immigration bonds are a trusted option. Wait at home rather than in a detention center while your case is being processed.
For help with an immigration bond, contact us at Amistad Bail and Immigration Bonds. You can schedule a free consultation with a licensed bail agent today!