What are Immigration Bail Bonds?

Christine Blog

People often have question about immigration bail bonds and how they differ from other bail bonds.

Immigration bail bonds are for foreign nationals residing unlawfully in America. The United States Immigration and Customs Enforcement (ICE) is the federal law enforcement agency responsible for border control, including immigration. In bail bonds terms, this is the organization that enforces immigration laws and arrests and detains illegal immigrants. If you or a loved one is arrested by ICE and an immigration judge sets a bond amount for release, you must get an immigration bond – ICE Form I-352 in order to be released.

There are four types of immigration bonds available and all of them are intended to ensure eventual deportation of the illegal immigrant, (if so ruled). The two most common are:

  • Delivery bond – while the purpose of a delivery bond would seem to ensure that the detainee will be present at all immigration hearings, if the detainee does not appear in court, the bond is not immediately forfeit. If, however, the guarantor of the bond cannot produce the detainee for deportation on the date and time the court specifies, the penal sum of the bond must be paid to Homeland Security. Delivery bonds allow the detainee additional time to be with loved ones and seek legal consult before his court hearing.
  • Voluntary departure bond – this type of bond is given to immigrants who intend to voluntarily leave the country by their own means in advance of a certain date. It is refundable – if paid in full to ICE – when the detainee has left the United States. If the detainee fails to leave on the date and time specified, the full bond amount, again, is forfeit.

The amount an immigration judge will set for a bond depends, like with all other bonds, on the risk factors perceived to be involved. The usual minimum delivery bond amount is $1,500, but this amount can and will be increased if the judge perceives significant risk of flight. Immigration bail bonds can be as much as $200,000 and as little as $500, depending on what the judge perceives as an acceptable bail amount.

There are two ways to pay for an immigration bond. You can involve a bail bondsman who will typically charge you between 20-25% of the face value of the bond. This sum is not refundable to you regardless of any outcome in immigration court as it is the bondsman’s fee for his services.

The second way is to pay the full amount by cash, cashier’s check, or money order to ICE directly. This money is refundable if the detainee abides by the ruling of the immigration court judge. Remember, however, the wheels of justice turn slowly, as does the ICE refund system process, and there may be a significant delay in the return of these funds.

If you or your loved one has need of an immigration bail bond, Christine’s Bail Bonds would be glad to help expedite this process for you. Please contact us to let us know how we may be of assistance to you.

By: Christine Spoor