Immigration Bail Bonds Process & Requirements

Bob Block Bail Bonds is a leading immigration bond company that posts immigration bail throughout the United States. Below you will find everything you need to know on the subject, including further immigration procedures, the immigration bail bond process, how to pay a bond for immigration, and we answer the questions of what is an immigration bond and where to pay it. We even cover how regular bail bonds work and what to look for in a reputable bail agent or agency that provides insurance services for immigration bonds.

Immigration bonds refer to the amount you pay to release a family member or friend who has been apprehended and placed in immigration detention (sometimes referred to as the citizenship and immigration service) . The apprehension falls under the jurisdiction of Immigration and Customs Enforcement (ICE), which is under the U.S. Department of Homeland Security (DHS). Detention began in the U.S. in the 1890s as a result of a mass influx of migrants seeking asylum from terrible conditions in other countries. The detentions began at Ellis Island.

In 1996, for national security reasons, mandatory detention was authorized by the president of the United States through the creation of the Illegal Immigration Reform and Immigration Responsibility Act. This is covered under federal law. Many human rights organizations have expressed concerns about the conditions of migrant detention centers. They claim human rights abuse and poor medical treatment. Between 2003 and 2016, 166 people died while in a detention center under the control of customs enforcement.

This type of bond refers to the amount you pay for the release of a family member or friend who has been apprehended and placed in detention. The apprehension falls under the jurisdiction of Immigration and Customs Enforcement (ICE), which is under the US Department of Homeland Security (DHS). Detention began in the USA in the 1890s as a result of a mass influx of migrants seeking asylum from terrible conditions in other countries. The detentions began at Ellis Island.

In 1996 mandatory detention was authorized by the president of the United States through the creation of the Illegal Immigration Reform and Immigration Responsibility Act. This is covered under federal law. Many human rights organizations have expressed concerns about the conditions of migrant detention centers. They claim human rights abuse and poor medical treatment. Between 2003 and 2016 166 people died while in detention under the control of ICE.

Types of Immigration Bonds

Two basic types of immigration bonds can be used by illegal aliens in legal custody of ICE or the Department of Homeland security. These two types are delivery bonds and voluntary departure bonds.

Delivery Bond

There are specific qualifications and requirements for a detained illegal immigrant to be eligible for this type of immigration bail bond. These will be identified and determined by ICE or a deportation officer, and an immigration judge. The detainee will officially be presented with an arrest warrant and a notice that enumerates the conditions under which the illegal immigrant may be eligible for release upon payment of the delivery bond.

Delivery immigration bail bonds work by creating an agreement that guarantees the release of the individual, and the bondsman vouches that the person will show up for their set court date. This is the most common type issued to illegal aliens. A delivery bond also guarantees the compliance of the detainee with respect to all deportation orders.

Voluntary Departure Bond

These immigration bonds assure the federal government and ICE that the immigrant arrested will leave U.S. territory at their own expense and return to their native country of their own free will according to the conditions spelled out in the court order. If a voluntary departure bond is chosen, the immigration judge will be provided with assurance that the detainee will vacate the country.

Other legal consequences will occur if the individual does not follow through with this promise to the immigration judge. They must do so within a certain time frame specified by ICE and the judge, and this must be done at their own expense. You can get an immigration bail bond refund on fully paid voluntary departure bonds upon departure of the immigrant before the agreed-upon deadline. Otherwise, the bond money expended on the delivery bond will be forfeited.

Commonly-Asked Questions About an Immigration Bail Bond

How Do You Pay an Immigration Bond?

symbol of freedom for immigrants

If you want to post bail bonds for an immigrant, you can pay the entire immigration bond amount to ICE (or a deportation officer) if you meet the requirements. It is essential to note that the person making the payment is a citizen with legal status in the U.S. Immigration bonds cannot be paid with a personal check.

It is most commonly paid with cash or a cashier's check (if posting a cash bond). If you do not qualify to post immigration bail bonds or you simply don't want to, you can hire a bail bonds company (insurance services company) to secure release. The agency may offer immigration bonds without collateral, or in some cases, collateral may be required.

How Does the Immigration Bail Bond Process Work?

Immigration bonds are paid to the United States government to ensure the release of the detained immigrant by the U.S. Bureau of Immigration and Customs Enforcement (ICE). By paying for immigration bonds, and having a bond posted, the person agrees that the detainee will attend their court date as planned.

The person who posts it is typically not the person who is being held in custody. As a law required by the American government, only individuals who possess a green card or are a legal citizen of the U.S. are allowed to post immigration bail bonds. Therefore, a family member or friend of the detained individual is usually responsible for posting immigration bail bonds.

Who Qualifies for an Immigration Bond?

Not every detainee is approved for a bond. The detainee cannot have any prior convictions or have committed any serious crimes. In addition, they cannot be an arriving alien or an individual who is seeking admission at a port of entry. If the individual possesses a history of arrests or convictions, they will be required to speak with an immigration law attorney, who will help them determine if this will affect their chances of qualifying.

Sometimes, ICE will deny immigration bonds, which is common for individuals who have a criminal record of serious offenses. However, an immigration attorney may be able to ask for bond hearings or work with ICE to determine a more reasonable bail amount, as long as the individual is not a danger to the community and not a flight risk.

How Do I Get My Money Back?

If you are wondering how to get a refund, you must first wait for the planned court procedures to end. If the detainee has completed the obligations of the immigration bonds, ICE will send a notice of cancellation to the person who posted it. This is known as Form I-391. Once you receive this form, you can send it, along with Form I-305, to the Debt Management Center. It is also suggested to mail the original copy of the contract, commonly known as Form I-352.

If you have lost your receipt, you may print and fill out an Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security, which is called Form I-395. This form requires a signature with a notary public present. Once the Debt Management Center reviews the forms and documents, they should repay you for the original amount of the bond as well as the interest that was accumulated over time. It may take several months to receive this reimbursement.

How Long Does it Take to Get Immigration Bond Hearings?

If Immigration and Customs Enforcement set immigration bonds that are too high or doesn't set one at all, you may ask an attorney to request a bond hearing. This court proceeding will involve an immigration judge who will reassess the immigration case, clarify any questions, and determine if the individual should receive immigration bail bonds or a lesser amount. The court will set a “motion for bond hearing immigration” promptly, which usually does not take long. It typically takes one to two weeks to schedule a proceeding.

Who Is Not Eligible for an Immigration Bond?

To determine eligibility, it's important to know that if the person came to the U.S.A illegally and never pursued citizenship or a green card, they will be in a legal violation and not eligible for an immigrant bail bond. In other words, what is their residency status. Undocumented immigrants who don't have a citizenship status held by immigration authorities while trying to enter through a port of entry will also not qualify.

Examples of ports of entries are airports, beaches, and one of the American borders. In addition, an individual will not be eligible if they have committed any criminal offenses such as controlled substance crimes, two or more offenses that resulted in a jail sentence of five or more years, drug trafficking, prostitution, terrorism, or a crime of moral turpitude (more information available below).

How Much Does an Immigration Bond Cost?

The set bond cost can vary quite a bit, depending on how the immigration process works and custody determination. Immigration bail bonds work by setting a bail amount based on the person's immigration status, immigration charges, employment status, criminal history, and family ties to the U.S. If the immigration court feels like the individual has a high chance of attempting to flee, they may increase the set bond amount.

Once the amount has been paid for the immigration cases and the individual has gone to all their court-required appearances, the total amount paid will be reimbursed. Generally, the cost associated with having an agency post bail is 15%-20% of the full bail bond amount. For example, if the full bond amount for the entire process is $25,000, you could expect to pay $3,750 to $5,000 for the bond.

What Does Immigration Bond Cancelled Mean?

When a bond has been canceled, it is the end of the immigration bond process. If the detained person has met all the court obligations and showed up for all court appearances, ICE will send a notice of bail bonds cancellation. The obligations usually include attending all court hearings, complying with the immigration officials, or earning legal status.

The cancellation notice is commonly referred to as Form I-391, and it is sent to the Department of Homeland Security's Debt Management Center as well as to the person who posted the immigration bail bonds. When Form I-391 is received, it should be mailed with Form I-305 to the Debt Management Center. Then, the individual who posted the bail bonds must wait a few months to receive their refund.

What Happens After an Immigration Bond Hearing?

During the bond process, an amount for the immigration bonds will be determined. The judge will present a written order and schedule the next court date. If a bond is set, you will have 30 days from that date to pay for it. The bond can be paid by money order or cashier check. An immigration bondsman can assist you through the bail bond process in case you are unable to afford the full amount yourself.

Once paid, the individual will be released from the detention facility and can potentially achieve a same-day release. If the money is not received, the detained person will remain in custody until their next court date. Afterward, the attorney may request the court to move immigration hearings to the court that is closest to the person's residence, and the proceedings will carry on in a court for non-detained individuals.

The person who posts bond is responsible for the detainee after they are released from jail. If they do not show up for their required hearing dates, you may lose the bond money for the bail bonds (if you hired an insurance services company) and will not receive a reimbursement. In addition, an immediate removal proceeding may occur, and enforcement and removal of the undocumented immigrant from the U.S. may occur. If you want more information on court hearings, search online for “bond hearing immigration.”

Final Thoughts and Tips

Earlier, we discussed that to be eligible for posting immigration bonds, an individual could not be involved in a crime of moral turpitude. To expand on this, a crime involving moral turpitude includes murder, kidnapping, voluntary manslaughter, robbery, and more. The only time that a crime of moral turpitude may earn a “Petty Offense Exception” is if the person carried out the crime when they were under the age of 18 and it was more than five years ago.

Also, the individual could earn the “Petty Offense Exception” if they were not given a sentence of more than one year. An attorney hired for legal representation will be able to determine if the crime consisted of moral turpitude and how long the sentence was. Additionally, a person who has received a sentence for an aggravated felony will not be eligible. Examples of an aggravated felony are drug trafficking, rape, firearms trafficking, sexual abuse of a minor, child pornography, felony alien smuggling, and money laundering.

If you are having trouble locating an inmate, you can use the ICE inmate locator.

In some cases, you may not feel comfortable posting bail bonds yourself, or you may not be qualified to do so. In these circumstances, you should call any immigration bail bondsmen that work through an insurance services company. This generally is done through a three-party contract.

You will make a nonrefundable premium payment in accordance with the laws on behalf of the defendant to a licensed immigration bail bondsman at our office. We will then post the surety bond, the immigration courts will be notified, and the defendant will be released from jail. We are available 24 hours a day, seven days a week, for you to contact us. We can email you the necessary forms to complete in the comfort of your own home. Call us now!