Understanding Immigration Bail Bonds
Immigration bail bonds are a specialized area of the bail system that deals with individuals detained by Immigration and Customs Enforcement (ICE). These bonds allow detainees to be released from ICE custody while their immigration cases proceed through the system. The process is significantly different from the standard criminal bail system.
Types of Immigration Bonds
Delivery Bond
A delivery bond is the most common type of immigration bail bond. It allows the detained person to be released from ICE custody while their immigration case is pending. To be eligible, the detainee must:
- Have received an arrest warrant and notice of custody conditions from ICE
- Not be subject to mandatory detention
- Not be deemed a flight risk or danger to the community
The delivery bond guarantees the person will attend all immigration court hearings and comply with any final order of removal if applicable.
Voluntary Departure Bond
A voluntary departure bond allows the detained person to leave the United States voluntarily by a specified date. If the person departs on time, the bond amount is refunded. If they fail to leave by the deadline, the bond is forfeited. This option is used when the person agrees to leave the country rather than fight deportation.
How Immigration Bond Amounts Are Set
Immigration bond amounts are set by either ICE or an immigration judge. The amount depends on:
- The person's immigration history
- Criminal record (if any)
- Community ties in the United States
- Employment history
- Family relationships (especially U.S. citizen family members)
- Flight risk assessment
- Length of time in the United States
Bond amounts typically range from $1,500 to $25,000, though they can be set much higher for individuals deemed high risk.
Paying an Immigration Bond
Immigration bonds can be paid in two ways:
1. Directly Through ICE
A friend or family member can pay the full bond amount directly to ICE. This requires:
- Payment in the form of a cashier's check or money order
- Payment must be made at an ICE office (not the detention facility)
- The payer must be a legal U.S. resident or citizen
- The full amount is refundable if the detainee complies with all court orders
2. Through an Immigration Bail Bondsman
An immigration bail bondsman posts the bond for a non-refundable premium, typically 15-20% of the bond amount. Not all bail bondsmen handle immigration bonds — you need one specifically authorized for this type of bond.
The Immigration Bond Process
- Detention: The person is detained by ICE and taken to a detention facility
- Bond eligibility: ICE determines initial bond eligibility and may set a bond amount
- Bond hearing: If the detainee disagrees with ICE's decision, they can request a bond hearing before an immigration judge
- Bond set: ICE or the immigration judge sets the bond amount
- Payment: The bond is paid directly to ICE or through a licensed bondsman
- Release: The detainee is released with conditions
- Compliance: Must attend all immigration court hearings and comply with all orders
Mandatory Detention
Some individuals are subject to mandatory detention and cannot receive a bond. This includes people who:
- Have certain criminal convictions (aggravated felonies, drug trafficking, firearms offenses)
- Are deemed a threat to national security
- Have been ordered removed and are awaiting deportation
- Are arriving at a port of entry without proper documentation
Finding an Immigration Bail Bondsman
Immigration bail bonds are a specialty. When searching for a bondsman:
- Verify they are specifically authorized to handle immigration bonds
- Ask about their experience with immigration cases
- Understand the premium rate (typically 15-20%)
- Ask about collateral requirements
- Make sure they understand the specific ICE facility where the person is detained