Your Guide to Posting Bail as an Immigrant
Did you know that ICE arrests over one hundred thousand individuals each year for violating immigration laws? If you’re an immigrant who’s recently arrested, you likely want to get out on bail as soon as possible.
Unfortunately, posting bail as an immigrant can be a confusing process. Often there are language barriers that prevent people from understanding the complex system.
That’s why we made this guide on how to post bail. In it, we’ll be covering everything you need to know about immigration bail bonds.
That way, you can be reunited with your family and loved ones as fast as possible. Let’s get started!
What Is an Immigration Bail Bond?
Around one million immigrants arrive in the United States each year. Of these immigrants, nearly a quarter are unauthorized. As such, they can be subject to arrest if they’re caught by ICE.
If you’re in detention for an immigration-related crime, an immigration bail bond is a legal way to get out of custody. This is a form of a government bond issued by the Bureau of Immigration and Customs Enforcement.
An ICE agent will determine whether or not you’re qualified for bail. They’ll also determine the amount of money on the bond. To get a bail bond, you will need to know the name of the individual, their registration number, and the name of the facility where they’re staying.
Either you or your loved ones are responsible for posting the bail. The bail money is used as leverage to ensure that you will arrive at any scheduled court proceedings in the future.
It’s important to note that an immigration bail bond doesn’t eliminate the charges against you. All it does is allow you to leave jail until your court date arrives.
As such, you will need to seek legal help between your bail posting and the court date.
The good news is that once a verdict has been rendered, the bail money will be returned to you. However, you will not get the money back if you miss the court date.
Different Types of Immigration Bail Bonds
There are two types of immigration bonds that you can get: a delivery bond and a voluntary departure bond. The best option for you will depend on whether or not you want to fight the charges being brought against you.
A delivery bond is much like your standard issue bail. Once ICE releases their notice of custody conditions for your arrest, you will receive the delivery bond.
This type of bond works in the same way as we described above. You’re temporarily released from jail in exchange for the bail money. This is to give you time to meet with your lawyer and family before your court date arrives.
A voluntary departure bond works a little differently. This is for unauthorized immigrants who accept the verdict and voluntarily leave the country. They will do this by a given date and at their own expense.
You will need to pay the voluntary bond departure bond amount to agents. But, once you’ve left the country, you will get the money back.
However, you will not get the money back if you don’t leave the country on time.
Eligibility for Posting Bail as an Immigrant
Unfortunately, not every detained immigrant will be eligible for bail. Whether or not you will be eligible for bail is determined by a judge at your bail hearing.
The judge will look at a variety of factors to determine eligibility. First, they’ll examine whether you’re a potential flight risk. To determine this, the judge might examine whether you tried to flee arrest when officers arrived.
Second, the judge will determine whether or not you pose a potential danger to the community. If you have a criminal record, it can be harder for you to be eligible for bail.
However, all hope isn’t lost. If your lawyers can prove that you’ve been rehabilitated for your crimes, you still have a chance.
Lastly, the judge will look at whether or not you’re likely to win your case. If the odds are in your favor, you have a much higher chance of eligibility.
Can An Illegal Immigrant Post Bail?
Yes, you can post bail as an illegal immigrant in the event that you are arrested by the U.S. Citizenship and Immigration Service. However, if you are an illegal immigrant, you will need to provide a lot more evidence at your bond hearing.
Your family should work with a lawyer so you can prove to the judge that you’re not a potential flight risk.
What Does the Bail Posting Process Look Like For an Immigrant?
If you’re an immigrant in jail, you’re probably eager to post bail. So, how do you get the process going? Once the bond is posted, the next step is for you to schedule a bond hearing with a judge.
The easiest way to do this is to ask the judge for a bond hearing at the first hearing you have when you’re brought in. However, you can also write a letter of request for a bond hearing to the judge.
You must also check the appropriate box on your Notice of Custody Determination. At your bond hearing, you will be required to present the judge with a letter from your sponsor. This letter will contain information like:
- How the sponsor knows the individual
- The immigration status of the sponsor
- Whether or not the sponsor is a legal citizen
- The address of the detainee
The sponsor letter isn’t the only thing that the sponsor should bring. They should also gather as many documents as they can. Look for anything that can prove that the unauthorized immigrant is a part of the community and followers laws.
Good documents to look for include marriage certificates, tax records, social security information, letters from community members, family photos, proof of debt, and proof of homeownership.
After that, the judge and bail bond agent will set the bond amount. An outside party is required to pay your bond for you (you can’t pay it yourself).
If they don’t have enough bail money, they can go through a bond service. If you want to learn more about how bail bond work, you can check out this guide here.
How Much Does an Immigration Bail Bond Cost
There is no set amount for an immigration bail bond. That’s because ICE agents will use a variety of factors to set the bail amount. These factors include things like:
- Your current employment status
- Your criminal history record
- Your current immigration status
- Whether or not you have a family
If the ICE agent deems you a potential flight risk, you can expect to pay more for your bail. According to the DHS, the minimum bail amount must be $1,500.
But, according to the Guardian, it’s not uncommon to see high bails that fall between $15,000 to $20,000. On the other hand, a voluntary departure bond tends to be much more affordable.
These types of bail bonds tend to cost around $500. It’s also important to note that you likely won’t get your bail money back right away.
It can sometimes take up to a year for the government to return it. So, you shouldn’t be relying on the money getting back to you anytime soon.
Get In Touch With an Immigration Bail Bond Service
If you have all the cash that’s necessary for a bail bond, you can pay a cash bond. This is where you pay for the bail bond in full. Sadly, most bonds are too expensive for families to afford.
If you fall in this category, then an immigration bail bond service can help you. The service will provide you with a surety bond.
In exchange for the money loan, you will pay back a percentage of it (typically between 5% to 10% of the bond amount).
If You Need Bail Bond Services In NC, Contact Amistad Bail & Immigration Bonds
We hope this article helped you learn more about posting bail as an immigrant. Here at Amistad Bail and Immigration Bonds, we know that an immigration-related arrest can strike at anytime.
That’s why we provide 24/7 bail bond services to the N.C., SC, and V.A. areas. Over the decade we’ve been in operation, our agents have developed effective strategies for getting immigrants out of jail as soon as possible.
What’s more, we make the process of posting bail simple, convenient, and quick. So, if you’re ready to be reunited with your loved one, make sure to get in touch with us today.