To secure an immigration bond, a third party such as a relative or friend must typically sign an agreement with ICE stating that they will pay the total bond amount if the individual does not show up for his/her immigration court hearing or fails to comply with any other terms of their release. The third party must also provide financial records showing sufficient funds to cover the bond cost if necessary. Additional requirements may be imposed on the third party, such as travel restrictions, residency requirements, and notification of address changes.
In some cases, ICE may also require additional security measures beyond an immigration bond, such as Electronic Monitoring Devices (EMDs), GPS tracking devices, weekly check-ins with ICE agents, and reporting obligations to verify compliance with all stipulations set forth by ICE. Furthermore, in certain situations where individuals are deemed ineligible for release on bond due to flight risk or danger posed to society, ICE may choose not to grant a bond of any kind regardless of who offers it or how much money is offered. In these uncommon instances, it is up to an Immigration Judge (IJ) to determine whether someone should remain in detention until their hearing date arrives and/or until their case has been resolved in court.
Immigration bonds can either be delivery or voluntary departure bonds and are usually posted in cash or via certified funds such as money orders or bankers’ checks. Depending on eligibility criteria, individuals may also use an immigration bond or bail bonds company, which reduces administrative fees associated with posting an immigration bond with ICE. In some cases, if a detainee cannot afford to post an immigration bond themselves, friends and family members may be able to do so on their behalf.
Individuals detained while attempting to enter the United States without proper documentation are eligible for an immigration bond. Individuals convicted of certain felonies are not generally eligible for release on an immigration bond unless approved by ICE officials. Additionally, those seeking asylum within U.S. borders may be eligible for release on an immigration bond pending the completion of legal proceedings surrounding their application status.