What is the Purpose of Immigration Finance A person who is in the custody of Immigration Customs Enforcement (ICE) is detained by Immigration as a “detainee.” Not all detainees are allowed to be released on immigration bond. Depending on their immigration status and/or criminal record, some detainees may be subject to mandatory detention. A person subject to mandatory detention has to fight deportation while remaining in mandatory detention. People who think they are eligible for bail but cannot contact an attorney should write to the immigration court that has jurisdiction over their case and request a hearing to ask for bond. The detainee has to prove that he or she does not meet the requirements for mandatory detention. As state and federal bonds, immigration bonds are designed to ensure the detainee’s appearance at all Immigration Court hearings. Immigration bonds are immediately forfeited if the detainee does not show up for a hearing or hearing with immigration authorities. Immigration Bond Hearing In general, people who are not “arriving aliens”, criminals or terrorists are allowed by immigration law to apply for bail. Usually, when Immigration (ICE) takes you into custody, your bond will be set by ICE. Sometimes they can give bail “on parole” and release them. This means that you will not have to pay a bond. Although he did not have to post bail to be released, you have to appear for all hearings in Immigration Court. If ICE does not set a bond for you, you can request a bond determination at a hearing with an immigration judge. You don’t have to wait for ICE to give you a document called a Notice to Appear (NTA) to request the hearing with the immigration judge. You can apply for bail and the hearing as soon as you are in custody. If ICE sets your bond at an amount you believe is too high, you can request a bond re-determination at a hearing with an immigration judge. But you should be careful when asking for this hearing because the immigration judge can reset your bond for an amount higher than that set by an ICE. To determine the amount of bail, the immigration judge usually looks at these things:
- Your family ties in the United States;
- His criminal history;
- Your employment;
- Your financial ability to post bail;
- Their membership in community organizations (churches, societies, etc.);
- How he arrived and how long he has been in the United States;
- If you have committed immoral acts or participated in subversive activities, and
- Your eligibility for one way to avoid removal or deportation.
The immigration judge is not allowed to set a bond for less than $1,500.00. This means that if a bond is set for you, it will be at least $1,500.00. After the immigration judge sets your bond (or decides that you are not eligible for bond), you can appeal the immigration judge’s decision to the Board of Immigration Appeals. If, after your hearing for your bail re-determination, if you still disagree with your bail amount, you may request another bond re-determination hearing. However, you may only apply for another bail re-determination hearing if your circumstances have changed significantly since your previous bail re-determination hearing. However, if you are being released on bond, you have to appear for all hearings in Immigration Court or the bond is canceled immediately, the money is lost, and the immigration judge will almost certainly place a deportation order on you. Options for the payment of an Immigration Bond (Bond) There are two options for paying bail for a detainee.
- Cash Bond – A cash bond can be paid directly to ICE. A cash bond has to be paid in cash, with money order, bank check, or bonds or notes. After the detainee has appeared for all hearings in Immigration Court, the money paid for bond is returned to the person who paid for the bond.
- Bail bond through a Guarantor – The second option is to pay the bond using the services of a guarantor (Bondsman.) The guarantor charges a non-refundable fee for the deposit. (The person who paid the money is not refunded the money paid.) The cost of using the services of a bail bondsman can be anywhere from 15 to 20 percent of the bail amount. Usually, the cost depends on the type of warranty used. The guarantee is what is given to guarantee the deposit. Examples of collateral include cars, homes, credit cards, and stocks.
Types of Immigration Bonds The two types of immigration bonds are as follows:
- Delivery Bond – A person who is detained by ICE and issued a detainer (Form I-205) and a Notice of Conditions of Custody (Form I-286) may be eligible for a Surrender Bond.
- Voluntary Departure Bond – If a detainee is granted voluntary departure, the person may leave the United States voluntarily after being placed in removal proceedings (or instead of being placed in removal or deportation proceedings). The person granting voluntary departure may have to post bail to ensure the detainee’s departure from the United States within the time given for voluntary departure.
