Welcome to our comprehensive guide on immigration bonds in New York, designed to assist individuals seeking to secure their release from detention during immigration proceedings. Navigating the immigration system can be complex and overwhelming, especially when facing detention. Understanding the process and the options available to you is crucial in such situations. In this article, we’ll cover the fundamentals of immigration bonds, the types available, and the steps to take to secure your release.
Understanding Immigration Bonds
An immigration bond is a legal instrument that allows detained individuals to be released from custody while their immigration case is pending. It guarantees that the detainee will comply with all court hearings and orders related to their immigration proceedings. If the individual adheres to all the requirements, the bond amount will be returned; otherwise, it will be forfeited.
Types of Immigration Bonds
There are two primary types of immigration bonds: Delivery Bonds and Voluntary Departure Bonds.
- Delivery Bond
A Delivery Bond is the more common type issued by the Us.S. Immigration and Customs Enforcement (ICE) or an immigration judge. It allows the detainee to be released into the community while their case progresses. To obtain a Delivery Bond, the detainee or their representative must request one during a custody review hearing. The immigration judge will determine the bond amount based on various factors, including flight risk and ties to the community. - Voluntary Departure Bond
As the name suggests, a Voluntary Departure Bond is an option for individuals who agree to voluntarily leave the country at their expense by a specific date. The bond amount must be paid upfront, and if the person departs as agreed, the bond will be refunded. However, if they fail to leave, the bond will be forfeited, and the individual will face deportation.
Eligibility for an Immigration Bond
Not everyone in immigration detention is eligible for an immigration bond. Certain individuals may be subject to mandatory detention and are not entitled to a bond. These include:
Individuals with criminal convictions
Those deemed a threat to national security
People with prior deportation orders
Repeat immigration violators
How to Secure an Immigration Bond
Securing an immigration bond involves a series of steps and requires the assistance of legal counsel experienced in immigration matters.
- Locate the Detainee
The first step is to locate the detainee, which can be done through the ICE Online Detainee Locator System or by contacting the local ICE field office. - Determine Bond Eligibility
Once the detainee is located, it’s essential to determine their eligibility for a bond. This involves reviewing their immigration status, criminal history, and any potential grounds for mandatory detention. - Prepare the Bond Application
If the detainee is eligible for a bond, the next step is to prepare the bond application. This involves gathering relevant documents, such as identification, proof of ties to the community, and evidence that the detainee is not a flight risk. - Attend the Bond Hearing
After the bond application is prepared, the detainee will have a bond hearing before an immigration judge. The detainee’s eligibility and bond amount will be decided during the hearing. - Pay the Bond
If the immigration judge grants a bond, the detainee or their representative must pay the bond amount to secure their release.