A Comprehensive Guide to Immigration Bail Bonds

If your loved one or friend has been arrested and detained because of immigration reasons, you can get them released from jail until their hearing in court by posting an immigration bail bond. Immigration bail bonds are only available for detainees who fall under a specific criteria. Foreign nationals are arrested and detained by the government organization in the US called U.S. Immigration and Customs Enforcement (ICE). They have the authority of releasing the individual on personal recognizance in which case posting a bond is not necessary. However, when a bond amount is set by an immigration judge or the ICE, it is time to start looking at your options.

Two types of immigration bail bonds are available, as long as the detainee is not considered a threat to public safety or national security. They are listed as follows:

  • Delivery Bond

Whether an illegal immigrant who has been detained is eligible for a delivery bond is decided by an immigration judge or the ICE itself. They can only be released on a delivery bond only when they get a notice of custody conditions and receive an arrest warrant. The primary purpose of this delivery bond is to ensure that the illegal immigrant will attend their hearings. In the meanwhile, they are able to spend time with their family and also consult with a lawyer to prepare for their court hearing.

  • Voluntary Departure Bond

There are some situations where detainees are given the option of leaving the country voluntarily at their own expense and within a specific time period outlined. If this departure bond is paid to the ICE in full, it will be refunded in the situation if the person leaves the country and forfeited if they choose to stay.

As stated above, the bond amount is either decided by an immigration judge or the ICE and it is decided based on consideration of a number of factors. These include the immigration status of the person in question, their employment situation, criminal history as well as their family ties they have in the US. The bond amount is proportional to the flight risk anticipated. The minimum amount for immigration bail bonds is $1,500, but it can go as high as $10,000, depending on the assessment of risk factors. This is for delivery bonds, but in the case of departure bonds, the minimum amount is around $500. Furthermore, it is necessary to remember that the government may take a year or so before returning the bond amount.

There are two ways for obtaining immigration bonds. The first is to get a surety bond where family or friends of the detainee get in touch with an immigration bond agent, who charges 15 to 20% of the bond amount. The second option is a cash bond where the entire amount is paid directly to the ICE and will be returned when all hearings in the immigration court are attended by the detainee. You can pay the cash bond by cash, Cashier’s check, money order or through US bonds.