In 2019, the U.S. Department of Immigration and Customs Enforcement reported arresting about 143,000 individuals. It was also reported they deported more than 267,000 people.
If you or a loved one has become one of those daunting statistics, you want to know your options. One option that can help secure release temporarily while you await trial is an immigration bond.
What are immigration bonds? Which different bond types should you know about? Continue reading to find out.
What’s an Immigration Bond?
These bonds secure the release of someone detained by the U.S. Department of Immigration and Customs Enforcement (ICE).
ICE handles situations involving foreign nationals. This includes people with green cards or illegal aliens.
When these people are detained, a bond can get them released as long as they attend all court hearings. After release, a person can continue working and supporting their families. They can also consult with an immigration lawyer.
Who Might Need an Immigration Bond?
Immigration bonds are only for people who aren’t natural American citizens. Typically, an immigration bond might be used if:
- You entered the country illegally
- Your work or travel visa expired while you were still in the U.S.
- You’re a green card holder under investigation for several reasons
- You’re a green card holder or illegal immigrant who has committed a minor crime
There are other reasons a person might be detained by ICE. But, those listed above are the most common reasons people need immigration bonds.
Types of Immigration Bonds Available
There are several types of immigration bonds a person may be eligible for. Some are more common than others. But, all bear mentioning because they’re available in certain circumstances.
A delivery bond is the most commonly used option. It requires a person to meet specific guidelines. If a judge agrees the detainee meets these guidelines, they’ll set a bail amount.
The detainee will be temporarily released on the condition they attend all scheduled court hearings. If they participated in all court proceedings and paid the bond in cash, they can receive their money back. If they don’t attend all scheduled court dates, the money is forfeit, and the person will be detained by ICE.
To receive a delivery bond, a person must have an arrest warrant and custody conditions notice from ICE. Not everyone is approved, either.
The judge takes into consideration several factors when determining if someone can receive a delivery bond. A few of the considerations include:
- Is the detainee a flight risk?
- Is the person a risk to the community?
- Does the detainee have ties to the community (like a job or family)?
- Does the person have a prior criminal record?
- Has the detainee ever skipped bail before?
These are only a few considerations. There are many more things the judge will take into account. If someone re-entered the country illegally after being deported before, they likely aren’t a candidate for a delivery bond.
Voluntary Departure Bond
The second most common type of bond is a voluntary departure bond. This is when the detainee agrees to leave the country voluntarily within a specific time. Since the costs of leaving the country are the responsibility of the detainee, the bail amount is usually low.
Once the person has agreed to leave the country, they are released on a voluntary departure bond. They’re given a certain amount of time to take care of anything they need to. Once they leave the country, the bail money is refunded to them.
Not leaving the country with a voluntary departure bond has serious consequences. Not only will the bail money be forfeited, but the person will be detained again and charged.
Public Safety Bond
A public safety bond is used to ensure the government is paid back for any public assistance used by illegal immigrants. It’s rarely used but is one of the four immigration bonds allowed by ICE.
Order of Supervisions Bond
An order of supervisions bond is only used for people with an active deportation order. It’s generally offered for people who have close family ties in the United States. These ties include children, spouses, and elderly parents.
This bond allows a person to arrange the return of other close family members to their home country. A person with an order of supervisions bond must report to the government regularly. They may have additional guidelines to follow.
How Can Immigration Bonds Be Paid?
There are two ways you can pay for an immigration bond. The bail amount will vary depending on which bond the person receives, as well as other factors. The severity of the crime and prior criminal history will play significant parts in setting a bail amount.
Once an amount has been set, a legal United States citizen must post the bail. They can pay using a cash bond or a surety bond.
With a cash bond, a friend or family member of the detainee will pay the full amount of bail upfront. If the detainee attends all court hearings, the person who posted bail will receive a refund.
Not everyone has the money to pay upfront in cash, which is why you can also choose to use a surety bond.
A surety bond is an option for people who don’t have enough to pay the bail in full. A friend or family member of the detainee will pay an average of fifteen to twenty percent of the total bail cost. This payment is non-refundable.
The person posting bail will work with a bondsman. The bail bondsman will front the rest of the bail money. Sometimes, it’s necessary to provide collateral, but this can vary.
Do You Still Have Questions About the Different Types of Immigration Bonds?
An immigration bond is used to secure the release of someone who has been detained by ICE. There are four different types of immigration bonds available. But, a delivery bond is the most common option.
Do you still have questions about the different types of immigration bonds available? Or, do you need help securing the release of your loved one?
Contact us today. One of our associates would be more than happy to assist you.