Immigration Bonds

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We know that having a loved one in federal detention pending the outcome of their application to obtain legal immigration status can sometimes be overwhelming. We are dedicated to helping you successfully navigate the process to get your friend or family member released and back home with you as quickly as possible. If you do not feel like you understand your options, just ask, and we will work to find a solution that works for you.

How do immigration bonds work?

If your friend or loved one has been arrested and detained for immigration reasons, you must get an immigration bond to release the person from custody until his or her court appearance. Immigration bonds are only available to detainees if they meet certain qualifications, which we will explain later.
U.S. Immigration and Customs Enforcement (ICE) is the government organization that arrests and detains foreign nationals. ICE has the authority to release the person based on personal recognizance, in which case you won’t need to pay for a bond. But when either ICE or an immigration judge sets a bond amount, it’s time to explore your options.

Types of immigration bonds.

There are two types of immigration bonds available to illegal aliens in ICE custody (as long as the detainee is not considered a threat to national security or public safety) and we’ll explain the purpose of each below.

What is a delivery bond?

An illegal immigrant who has been detained by ICE may be eligible for a delivery bond based on the determination of ICE or an immigration judge. The detainee must receive an arrest warrant and a notice of custody conditions from ICE to be released on a delivery bond. The purpose of the delivery bond is to ensure that the detainee shows up to all immigration hearings. It allows the person to spend time with family, as well as consult with an immigration lawyer leading up to a court hearing.

What is a voluntary departure bond?

In some cases, detainees are given the option to voluntarily leave the country at their own expense by a specified time period. The departure bond—if paid in full to ICE—is refundable once the person has left the country but will be forfeited if the person fails to leave.

How much can I expect the bond amount to be?

Either ICE or an immigration judge will set the bond amount, and the amount will increase or decrease based on several factors, such as the person’s immigration status, criminal history, employment situation, and family ties in the United States. The higher the flight risk, the higher the bond amount. The usual minimum amount for a delivery bond is $1,500, and the cost can increase up to $10,000 or more depending on an assessment of the detainee’s risk factors. For departure bonds, the minimum amount is typically $500. One important thing to keep in mind is that it sometimes takes a year or longer for the government to return the bond money to the person who posted it.

How do I pay the bond and how much does it cost?

There are two ways to pay for an immigration bond: surety bonds and cash bonds. For surety bonds, the detainee’s friends or family can work with an immigration bond agent to get a surety bond. The premium charged for a bond is typically 15-20% of the total bond amount. The premium is deemed fully earned at bond issue and not refundable. The detainee’s family or friends will need to sign a contract in which they are agreeing to be responsible for the full amount of the bond if the detainee fails to appear in court. Collateral will be needed to secure the bond in the form of either real estate equity or cash equivalent. For cash bonds, the detainee’s friends or family can pay the full bond amount directly to ICE, and that money will be refunded once the detainee has attended all mandatory hearings in immigration court. Refunds of cash deposited with the government can take a year or more.

Contact us to discuss your options with immigration bonds further.

Disclaimer: This website is for informational purposes only. Hyre Insurance Agency is not a law firm and our staff members are not attorneys. We do not practice law or offer legal advice. We work with immigration attorneys across the country and can give you a referral if you’d like to speak with one. If you submit a question to us which requires an attorney to answer, you are giving your express consent for us to give your contact information to an immigration attorney and for that attorney to contact you directly, at no cost to you unless and until you retain his or her services.

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