If you or a loved one is facing detention by U.S. Immigration and Customs Enforcement (ICE) in Michigan, understanding immigration bail bonds is essential. This guide will walk you through the types of bonds, eligibility requirements, the process of securing a bond, and what to expect after release.
What Are Immigration Bail Bonds?
Immigration bail bonds are financial guarantees that allow individuals detained by ICE to be released while awaiting their immigration hearings. These bonds ensure that the detainee will appear in court as required. Unlike standard bail bonds, immigration bonds are federal and follow specific rules and procedures.
Types of Immigration Bail Bonds in Michigan
There are two main types of immigration bail bonds available in Michigan:
1. Delivery Bond
A delivery bond allows a detainee to be released from ICE custody under the condition that they attend all scheduled immigration hearings. To qualify, the detainee must:
- Have an ICE-issued arrest warrant.
- Receive a Notice of Custody Conditions outlining the terms of release.
The bond amount typically ranges from 1,500 to 25,000, depending on factors like immigration status, criminal history, and ties to the community.
2. Voluntary Departure Bond
This bond permits a detainee to be released with the agreement that they will voluntarily leave the United States within a set timeframe. Key details include:
- The bond amount is usually around $500.
- The bond is refundable once the detainee departs the U.S., though the refund process can take several months.
Who Is Eligible for an Immigration Bail Bond?
Not everyone detained by ICE qualifies for a bond. Eligibility is generally denied to individuals who:
- Have committed aggravated felonies.
- Are involved in terrorism-related activities.
- Have a history of crimes involving moral turpitude.
- Possess controlled substances (except for minor marijuana offenses).
On the other hand, lawful permanent residents and undocumented individuals without serious criminal records are often eligible.
How to Obtain an Immigration Bail Bond in Michigan
Securing an immigration bail bond involves several steps:
1. Determine Bond Eligibility and Amount
An ICE officer or immigration judge evaluates the detainee’s eligibility and sets the bond amount based on:
- Flight risk: The likelihood of the detainee appearing in court.
- Community ties: Family connections, employment, and length of residence in the U.S.
- Criminal history: Any prior convictions or ongoing legal issues.
2. Post the Bond
There are two ways to post an immigration bail bond:
- CeBonds: Paid directly to ICE by someone with legal status in the U.S. (e.g., a U.S. citizen or lawful permanent resident). Payment must be made via cashier’s check or money order payable to the “Department of Homeland Security.”
- Surety Bond: Obtained through Speedy Immigration Bail Bonds. Speedy Immigration Bail Bonds charges a non-refundable fee (usually 10-20% of the bond amount) to post the bond on the detainee’s behalf.
3. Release from Detention.
Once the bond is posted, ICE processes the release, which can take several hours. The detainee is free to return home but must attend all future immigration hearings.
Responsibilities After Release
After being released on bond, the detainee must:
- Attend all scheduled immigration hearings.
- Comply with any additional conditions set by ICE or the court.
Failure to meet these obligations can result in bond forfeiture and re-arrest.
How to Get a Bond Refund
If a cash bond was posted, the person who paid it (the obligor) may be eligible for a refund once the detainee fulfills all court requirements. The refund process includes:
- Case Completion: Confirming the detainee attended all hearings and complied with court orders.
- Refund Request: Submitting the necessary paperwork to ICE.
- Processing: Refunds can take several months to be issued.
Where to Post Immigration Bonds in Michigan
In Michigan, immigration bonds can be posted at the following ICE Enforcement and Removal Operations (ERO) facility or by calling Speedy Immigration Bail Bonds at 888-240-2663
- Detroit ICE Office
Address: 333 Mt. Elliott, Detroit, MI 48207
Phone: (313) 394-2500
You should contact the facility to confirm operating hours and bond posting procedures beforehand.
The Role of Immigration Attorneys
Immigration attorneys are invaluable in navigating the complexities of immigration bail bonds. They can:
- Provide legal advice and explain your options.
- Represent you in court and during bond hearings.
- Advocate for lower bond amounts or favorable release conditions.
While Speedy Immigration Bail Bonds help financially, they do not provide legal representation. Hiring an experienced immigration attorney can significantly improve your chances of a positive outcome.
Final Thoughts
Navigating the immigration bail bond process in Michigan can be overwhelming, but understanding the steps involved can make it more manageable. Knowing your rights and responsibilities is crucial for dealing with a delivery or voluntary departure bond. Consulting with an immigration attorney and working with Speedy Immigration Bail Bonds can help ensure compliance with legal requirements and improve your chances of a successful resolution.