When immigration authorities detain a loved one, securing the release of a relative from immigration detention through bond can be complex and stressful. A crucial 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 provided to the U.S. government, ensuring that the individual released from detention will appear for all scheduled immigration court hearings. Failure to appear results in forfeiture of the bond and the individual may be subject to further detention or deportation.
There are two main types of immigration bonds:
- Delivery Bond (I-352): This bond allows the detainee to be released from custody while they await their court hearing. The individual promises to attend all court proceedings by posting a delivery bond.
- Voluntary Departure Bond: This bond allows a detained person to leave the U.S. voluntarily rather than being forcibly removed. The bond amount will be refunded if the individual departs the U.S. within the agreed time frame.
Who Qualifies for an Immigration Bond?
Not every individual in immigration detention qualifies for a bond. Eligibility depends on the following factors:
- Nature of the Offense: If the detainee has been convicted of serious crimes such as aggravated felonies, they may be considered a flight risk or a danger to the community, making them ineligible for bond.
- Immigration Status: Individuals facing certain deportation orders, such as those with final removal orders, are often ineligible for release on bond.
- Flight Risk: A judge will assess the likelihood of the detainee absconding before their court date. Ties to the community, such as employment, family in the U.S., and length of residence, can positively influence the bond decision.
How is the Immigration Bond Amount Determined?
The amount of the immigration bond is determined by several factors, including:
- Risk of Flight: The higher the risk that the detainee will not appear for future hearings, the higher the bond amount will likely be.
- Criminal History: A record of prior convictions or ongoing criminal cases can increase the bond amount or result in bond denial.
- Financial Ability: The court considers the detainee’s financial status. The minimum amount for a delivery bond is typically $1,500, but it can reach upwards of $20,000 depending on the case specifics.
The Immigration Bond Hearing
After an individual is detained by Immigration and Customs Enforcement (ICE), they will have the opportunity for a bond hearing before an immigration judge. At this hearing, the judge will evaluate whether the detainee qualifies for release on bond and set the amount if applicable. Community ties, employment, and family situations are crucial in the judge’s decision.
Key Steps at the Bond Hearing:
- Legal Representation: Having an experienced immigration attorney can significantly impact the outcome of the bond hearing. Attorneys can present evidence supporting the detainee’s character, ties to the community, and commitment to attending future hearings.
- Document Submission: The detainee (or their attorney) should provide documentation demonstrating they are not a flight risk or a danger to the community. This may include proof of employment, letters of support from family and community members, and records showing a clean criminal history.
- Judge’s Decision: The judge will approve or deny the bond based on the evidence. The bond amount will be set if approved, and the detainee can be released upon payment.
How to Pay the Immigration Bond
Once the bond is set, paying it promptly is essential for securing your relative’s release. The bond must be paid immediately — pay speedy immigration bail bonds. Here’s how the process works:
- 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 the bond is known as the “obligor.”
- Where to Pay: Bonds can be paid at any ICE-ERO (Enforcement and Removal Operations) office that accepts bond payments using a bail bond company, such as speedy immigration bail bonds. It is advisable to call ahead to ensure the office accepts payments, as not all offices handle bonds.
- Method of Payment: Bond payments must be made via cashier’s check, money order, or U.S. postal money order made out to the “U.S. Department of Homeland Security.” You could also pay them cash credit using an immigration bail bonds company. Call us to ask for other forms of payment.