Securing a loved one’s release from immigration detention through bond can be complex and stressful. An essential part of this process is paying a bond, which allows the detainee to be released while their case is pending.
What is an Immigration Bond?
An immigration bond is a financial guarantee given to the U.S. government, ensuring that the detainee released from custody will attend all scheduled immigration court hearings. If the individual fails to appear, the bond is forfeited, and they may face additional detention or deportation.
Types of Immigration Bonds
There are two main types of immigration bonds:
- Delivery Bond (I-352): This bond allows the detainee to be released from custody while awaiting their court hearing. By posting this bond, the individual commits to attending all court proceedings.
- Voluntary Departure Bond: This bond enables the detainee to leave the U.S. voluntarily instead of being forcibly removed. The bond amount is refunded if the person departs the U.S. within the agreed time frame.
Who Qualifies for an Immigration Bond?
Eligibility for an immigration bond depends on various factors, including:
- Nature of the Offense: Detainees convicted of severe crimes, like aggravated felonies, may be considered a flight risk or danger to the community, making them ineligible for bond.
- Immigration Status: Those with specific deportation orders, such as final removal orders, are typically not eligible for release on bond.
- Flight Risk: A judge will assess the likelihood of the detainee fleeing before their court date. Ties to the community, such as family in the U.S., employment, and duration of residence, can positively affect bond decisions.
How is the Immigration Bond Amount Determined?
Several factors determine the bond amount, including:
- Risk of Flight: A higher risk that the detainee will not appear at future hearings often results in a higher bond amount.
- Criminal History: Previous convictions or ongoing criminal cases may result in an increased bond amount or the denial of bond altogether.
- Financial Ability: The court considers the detainee’s economic status. The minimum amount for a delivery bond is usually $1,500 but can reach up to $20,000 based on the case specifics.
The Immigration Bond Hearing
After being detained by Immigration and Customs Enforcement (ICE), the detainee will have the opportunity for a bond hearing before an immigration judge. During this hearing, the judge will decide if the detainee qualifies for release on bond and set the bond amount if applicable. Important factors include community ties, employment, and family circumstances.
How to Secure a Relative’s Release from Immigration Detention with a Bond
- Supporting Evidence: Attorneys can present evidence highlighting the detainee’s good character, community ties, and commitment to attending future hearings.
- Document Submission: The detainee or their attorney should submit documents showing they are not a flight risk or a danger to the community. This may include proof of employment, letters of support, and a clean criminal record.
- Judge’s Decision: The judge will approve or deny the bond based on the evidence. The bond amount will be set if approved, allowing the detainee’s release upon payment.
How to Pay the Immigration Bond
Once the bond amount is set, paying it promptly is crucial for your relative’s release. The immigration bond payment process is straightforward:
- Who Can Pay the Bond? Any U.S. citizen or lawful permanent resident can pay the bond on behalf of the detainee. The person paying is known as the “obligor.”
- How to Secure a Relative’s Release from Immigration Detention with a Bond. However, it’s recommended that you call ahead to confirm that the office accepts bond payments, as not all do.
- Method of Payment: Payments are typically made via cashier’s check or money order to the “U.S. Department of Homeland Security.” Some bond companies, such as Speedy Immigration Bail Bonds, may accept other forms of payment, including credit and debit.
By understanding the bond process and providing the necessary support, you can help secure the release of a detained relative and allow them to navigate their case from outside custody.