Immigration Bail Bonds, Costs and The Process

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U.S. Immigration and Customs Enforcement (ICE) is the government organization in charge of arresting and detaining foreigners. ICE has the clout to release the individual based on personal recognizance, in which case you don’t need to pay for a bond. However, when either ICE or an immigration judge puts in place a bond amount, it’s time to look at your options.

Immigration Bond Types

There are two types of immigration bail bonds intended for illegal aliens in ICE custody (so long as the individual is not deemed a threat to national security or public safety).

Delivery bond – An illegal immigrant who is detained by ICE might be eligible for a delivery bond on the assessment of ICE or an immigration judge. The detainee has to receive an arrest warrant and also a notice of custody conditions from ICE for him to be freed on a delivery bond. The intent of the delivery bond is to guarantee that the detainee will show up in all immigration hearings. It allows the individual to spend time with loved ones, and also to speak to an immigration lawyer before attending a court hearing.

Voluntary departure bond – In certain cases, detainees have the option to leave the country voluntarily at their own expense by a certain time period. The departure bond–if paid fully to ICE–is refundable if the person has exited from the country, but will be forfeited should the person stay. Learn more about bail bonds at http://www.huffingtonpost.com/topic/bail.

Cost of an Immigration Bond

Either ICE or an immigration judge determines the bond amount, and this amount will go up or down based on a variety of issues, such as the person’s criminal history, immigration status, etc. The more flight risk there is, the bigger the bond amount. The typical minimum amount for a delivery bond is around $1,500, and the cost can go up to $10,000 or more, depending on an evaluation of the individual’s risk factors. For departure bonds, the lowest would be around $500. One crucial thing to keep in mind is that it may take a year or even longer for the government to return the freedom federal bond money to the foreign national who posted it.

How to Get an Immigration Bond

There are two methods of paying for an immigration bond:

Surety bond- The detainee’s family or friends can locate an immigration bondsman who can provide a surety bond. The agent will probably collect 15-20% of complete total bond amount, and your money or collateral is non-refundable.

Cash bond – The foreign citizen’s friends or family can pay the entire bond amount directly to ICE, and such money will be returned as soon as the detainee has shown up at all obligatory hearings in immigration court. The cash bond may be paid by money order, U.S. bonds or notes, Cashier’s check, or simply by cash.

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