If an undocumented immigrant is arrested at any point during their time in the U.S., they are at risk of detention by U.S. Immigration and Customs Enforcement (ICE) officers. This increases their chance of being deported back to their home country.
The arrest could be anything from an ICE raid where an immigrant can’t verify their status to an immigrant committing a crime that leads to their immigration status gets questioned.
While immigrants may not be considered U.S. citizens, they still have rights while they are in the country. Immigration bonds are one of these rights. Continue reading to learn everything you need to know about immigration bonds and how to get one.
What Is a U.S. Immigration Bond?
A U.S. immigration bond is a type of bond for undocumented immigrants that have gotten arrested and are being held in U.S. Immigration and Customs Enforcement (ICE) custody. These bonds allow you to be temporarily released from jail on bail.
This type of bond represents a guarantee that the detainee, once released from immigration custody, will appear at all hearings scheduled in immigration court.
Immigration bonds are based on the detainee’s ability to prove that they are not a flight risk or a danger to the public. Depending on the crime committed or the detainee’s flight risk, the judge may decide to deny bail.
How Do You Get an Immigration Bond?
The first step to posting bail for your friend or loved one is learning where they are being held. Once you figure out which detention facility they are in, you can start the process.
You can use the Online Detainee Locator System to locate where they are being detained. Sometimes it is impossible to figure out where they are without having an immigration lawyer look into it.
To get your friend or loved one released from ICE custody, you need to get an immigration bond. You have to have legal citizenship status in the U.S. and be over the age of 18 to pay an immigration bond and fill out any of the necessary paperwork involved in the bond process.
A bond hearing where a judge sets bail may have to take place before their release from detention. This may take up to 48 hours.
How Do You Pay for an Immigration Bond?
When the detained person is eligible for an immigration bond, ICE will be able to tell you how much the bond is going to cost. Once the bond is set, you will need to go to the local ICE office with the following things:
- your photo ID and original social security card
- alien registration number, date of birth, and name of the detained person
You can only pay an immigration bond with a cashier check written out to the Department of Homeland Security (DHS). If you can’t afford to pay the total amount of the bail, you can get assistance from an experienced and licensed agent at Amistad Immigration Bonds.
Amistad Bail Bonds agents are available nationwide. We can help you get an immigration bond in the states that tend to detain more immigrants than any other state. The top five states that detain the largest number of immigrants in detention each day are:
At Amistad Immigration Bonds, we can help you from anywhere in the United States.
You will have to put up collateral to make sure that the bond gets taken seriously. If you get a bail bond to pay for your immigration bond and then avoid your hearings, you will forfeit your release from custody and risk immediate deportation.
What to Do After Release?
The first thing you need to do after getting released from ICE custody is to hire an immigration lawyer. They will know everything that you need to do to prepare your case for when you are called before the judge.
Don’t miss any of your hearings. The immigration bond is a privilege and allows you to await your hearing from the comfort of your home with your family.
You can take the steps to get legal citizenship status so that you can stay in the country legally. If you get deported or removed from the United States, you can apply for readmission (Form I-212).
There are a few different ways that you can obtain U.S. citizenship as an undocumented immigrant.
You may be able to obtain a “cancelation of removal” and prevent your pending deportation if you fear that you would be harmed if you were sent back to your home country. You must apply for asylum within one year of arriving in the U.S.
Seeking Adjustment of Status
An adjustment of status is when you are trying to become a permanent record and obtain your green card. This is possible if you are married to a U.S. citizen, have an adult child who is a U.S. citizen, or have a parent that is a U.S. citizen.
Your U.S citizen counterpart must file Form I-130 on your behalf, then you file Form I-145 to complete the process.
Cancellation of Removal and Suspension of Deportation
There are certain kinds of “cancellation of removal” that you can receive as an undocumented immigrant in special cases.
There is the Cancelation of Removal where you can remain in the U.S. legally if you meet these requirements:
- you’ve been living in the U.S. for 10 years
- you’ve shown good moral character the entire time
- your legal citizen spouse, child, or parent would suffer if you had to leave
Then there is the Cancelation for Battered Immigrant Women and Children, where you can seek safety from an abuser and remain a legal citizen of the United States.
Amistad for Your Immigration Bonds Needs
We understand that this can be a scary time for you and your family. You aren’t alone. Help is available.
Amistad is available 24/7 to answer your calls. Contact Amistad with any questions that you might still have about immigration bonds.
We can help you begin the process to get your friend or loved one released from an ICE detention center and back home to await immigration court.