When a person is suspected of being an undocumented immigrant, he or she can be arrested and taken into the custody of the Immigration and Customs Enforcement (ICE) agency. At this point, a deportation officer will decide whether to allow the individual to obtain a bail bond , perhaps with the help of a bail bond company located in Virginia. Immigration bail bonds work in much the same way as regular bail bonds issued to U.S. citizens who have been arrested and charged with a crime. They allow an allegedly undocumented immigrant to be released from the detention center pending the outcome of the case.
There are two basic types of immigration bonds. Voluntary departure bonds are granted when an undocumented immigrant agrees to leave the country at his or her own expense. The individual must depart the country within the specified time period. A voluntary departure bond may be granted before removal proceedings have been completed or sometimes before they even begin. The second type of immigration bond is a delivery bond. It is similar to a regular bail bond in that it allows the detainee to be temporarily released with the condition that he or she return for all mandated appearances.
After an allegedly undocumented immigrant is taken into custody, the deportation officer may set a bond depending on the assessed risk that he or she will miss the court appearances and the potential risk to the safety of the community. If a deportation does not set bond or the amount of the bond is too high, the detainee can request a bond hearing before an immigration judge. The immigration judge may set bond, reduce the amount, or refuse bond.
Not all detainees are eligible to obtain immigration bonds , including those who were arrested while trying to enter the U.S. illegally and those who have been accused of terrorist activities. Some immigrants detained in the custody of the Department of Homeland Security (DHS) are subject to mandatory detention and cannot be released on bond. These include individuals who have been convicted of crimes such as drug trafficking, prostitution, terrorist activities, and crimes of moral turpitude.