Guide to Obtaining Release From Immigration Detention

immigration release from detention

Do you or someone you know need to know about obtaining immigration release from detention?

Currently, 27.0% of the U.S. population is here undocumented. Many are not held by ICE, but a large number are. According to the American Immigration Council, detainees get held an average of 55 days in detention.

As of June 20, 2020, 23,429 people are currently held in immigration detention across the United States. Texas, Louisiana, Arizona, California, and Georgia were holding the most people in immigration detention in 2019.

There are ways for people some people to get released. Read on to find out how some detainees can obtain release from immigration detention.

How to Find Out If Someone Has Gotten Detained

If you aren’t sure if someone has gotten detained or where they are, you can find out by checking the ICE website to look for their name if you know their country of birth. It is also helpful to add their date of birth if you know it.

Unfortunately, that link doesn’t work to help to locate someone who is under 18 years of age. An immigration bond service can assist you.

How to Get Immigration Release From Detention

There are several ways some people can get released from immigration detention. In order to use one of these paths, ICE must agree to the release.

Some detainees get released on their own recognizance. If this happens, the detainee just has to sign some paperwork promising to attend any future court hearings scheduled in their case.

Some people get released via alternatives to detention (ATD) by an Order of Supervision (OUSP). This means they have to comply with certain conditions once they get released or ICE can pull them back in for detention. This can include promising to attend future court hearings, report to an ICE officer periodically, wear a GPS device on their ankle, or agree not to travel outside a designated area.

Finally, ICE can authorize a detainee to post an immigration bond. This bond gets set at an immigration bond hearing.

If the detainee pays the bond amount, they will get released. The minimum bond amount is $1,500.00, but the amount can be much higher if ICE believes the person will fail to appear for future court hearings.

What Is an Immigration Bond?

An immigration bond is an agreement between a detainee and ICE. ICE promises to release the detainee if a stated bond amount gets paid. In return, the detainee must pay the bond amount and agree to appear at all future court hearings.

The amount of the bond, if one is set, is set by ICE or an immigration judge. The amount set can vary and will get based in part on whether they think the detainee is a high flight risk. Other considerations that get taken into account as the detainee’s criminal history, work status, immigration status, and whether or not they have ties to family in the U.S.

Two common types of bonds are the delivery bond and the departure bond. A delivery bond gets used when the detainee wants to stay in the U.S. during the immigration process. A departure bond that gets used when the detainee has promised to voluntarily leave the U.S.

Once a person gets released on an immigration bond, they are referred to as a respondent. This is to differentiate them from people who have cases pending but who are still in custody.

How Do Immigration Bonds Work?

While it is possible for the bond to get paid directly to ICE, most immigration bonds get posted through an immigration bail bonds service. The reason for this is because if a cash bond gets paid directly to ICE, the full amount set for the bond must get paid.

The immigration bond procedures for using a bail bond service does not require full payment of the bond amount. The person who got detained, or someone they know, can arrange to have the bond posted through an immigration bail bond service.

When using an immigration bond a premium payment is paid to the agent. They will also require collateral which could be 100% cash, property, or a credit card. The collateral will secure the bond in case the respondent fails to appear.

An advantage of using a bondsman rather than paying the bond directly to ICE is that your collateral will be returned to you sooner.

Another advantage is that they can remotely pay a bond to any detention center in the U.S. This eliminates the need for anyone to travel to the actual detention center. They also have staff who speak both English and Spanish.

What Happens Once the Bond Gets Posted?

After the bond has gotten paid by an immigration bail bond service, the respondent will not immediately get released. The release will happen after ICE confirms the payment of the bond and processes it.

Your immigration bail bond service can let you know the expected processing time. The time can vary depending upon the facility the respondent is being detained in.

What Benefit Does an Immigration Bond Provide?

Posting an immigration bond gets a respondent out of detention. This means that the respondent will no longer be in custody, but it doesn’t mean their case is over.

After posting a bond and getting released, the respondent will be freely available to retain an attorney and gather information to support their case.

Contact an Immigration Bail Bond Service Today

If you or someone you love is seeking immigration release from detention, reach out to talk to an immigration bail bond service today to get the process started.

Contact us today so we can help get the bond process started. We can post immigration bonds anywhere in the U.S. without any need for you to come to our office.

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