The Basics of Immigration Bail Bonds

When someone is arrested, a judge may decide to set bail to provide an avenue for the defendant’s temporary release from custody pending the outcome of the case. A similar arrangement is available for immigrants who have been detained by U.S. Immigration and Customs Enforcement (ICE). This is known as an immigration bond . If your loved one has been taken into custody by ICE officials in the Upper Marlboro area, an immigration bond may be obtainable. immigration - bail - bonds


There are two basic types of immigration bonds. A voluntary departure bond may be available if the immigrant agrees to voluntarily leave the country at his or her own expense. A departure immigration bond must be paid to ICE, but is refundable when the individual departs from the country. If the person fails to leave within a set period of time, the departure bond is forfeited. The second type is a delivery bond. ICE or an immigration judge may determine that a detainee is eligible for a delivery bond, which is similar to a bail bond for a regular criminal case. The immigration bond may be established as a form of insurance to secure the immigrant’s appearance at all hearings after his or her release.


The amount of an immigration bond will depend on the evaluation of the immigrant’s potential flight risk. The judge may consider the immigrant’s family ties in the U.S., criminal history, and employment history. If an immigration bond is set, then family or friends could decide to pay a cash bond, in which the full bond amount is paid directly to ICE. Since many families lack the means to make the full payment, they can turn to a bond agent to get a surety bond. The bond agent will charge a percentage of the bond, which is non-refundable.


Not every detainee is eligible to be released on immigration bonds. Immigration judges are not allowed to set bond if a detainee has certain criminal convictions, such as convictions for crimes of moral turpitude, controlled substance offenses, prostitution, solicitation, or terrorist offenses. Detainment based on suspected terrorist offenses is also grounds for disqualification.