BY | May 3, 2024

Dealing with the detention of a loved one by Immigration and Customs Enforcement (ICE) can be an incredibly stressful and bewildering experience. In a moment, lives can be upended, families separated, and uncertainty looms large. For many immigrants in the United States, this scenario is a harsh reality, where legal status and documentation can become tangled in bureaucratic complexities.

ICE, tasked with enforcing immigration laws, detains individuals deemed to be in violation of these laws. These detentions can occur for various reasons, including expired visas, illegal entry into the country, or other immigration-related issues. The result is often a loved one held in custody, facing an uncertain future.

In such challenging times, understanding the options available becomes paramount. This is where immigration bonds come into play. These bonds are designed specifically to offer an option out of custody. However, without immigration bail bonds, most people can find it difficult to secure the release of a detained individual while their immigration case progresses. Rather than languishing in detention, an immigration bond provides the opportunity to reunite with family, consult with legal counsel, and navigate the complexities of the immigration system from a place of relative freedom.

We get it. It can be tough to figure out how to approach immigration law and manage the entire immigration bail process. So, at Future Bail Bonds, we’ve produced a guide to immigration bail bonds, giving you access to the essential avenues for support and assistance. Immigration bail bonds offer a pathway to address the immediate crisis of a loved one's detention, providing a sense of relief amidst the turmoil.

Read below to find out how we can help get your loved one out of jail. 

Immigration Bonds, What Are They?

Immigration bonds are a critical tool for navigating the complexities of immigration detention and deportation proceedings in the United States. When an individual is detained by ICE, they may have the option to secure their release through an immigration bond. Similar to bail bonds in the criminal justice system, immigration bonds provide a means for individuals to be released from custody while their immigration case progresses.

Essentially, an immigration bond is a legal agreement between the detainee, the bond agent, and the government. It serves as a guarantee to the courts that the individual will appear for all scheduled immigration proceedings after their release from custody. In situations where the detainee fulfills their obligations and attends all required court appearances, the bond is typically refunded at the conclusion of the case, minus any administrative fees.

It's important to note that not everyone detained by ICE is eligible for an immigration bond. Eligibility for bond is determined on a case-by-case basis, taking into account factors such as flight risk, criminal history, and ties to the community. 

Those deemed eligible for the immigration bail bonds may have the option to secure their release through during bond types.

However, obtaining an immigration bond does not alter an individual's immigration status. For instance, if someone is detained for being in the country illegally, securing an immigration bond does not change their legal standing. It simply allows them to be released from custody while their immigration case proceeds through the legal system.

What Are The Different Types of Immigration Bonds?

When it comes to navigating the complexities of immigration detention and the legal system, understanding the different types of immigration bonds available is crucial. Each type of bond serves a distinct purpose and carries its own set of conditions and requirements.

Delivery Bond

A delivery bond is the most common type of immigration bond and is issued to individuals who are detained by ICE with the option for release pending their immigration hearing. This bond allows the individual to be released from custody with the condition that they will attend all scheduled immigration proceedings. It is essentially a guarantee of compliance with the immigration court's orders.

The process of obtaining a delivery bond typically involves working with a licensed bail bond agent who will post the bond on behalf of the detainee. The amount of the bond is set by an immigration judge and can vary depending on factors such as flight risk and ties to the community.

Voluntary Departure Bond

In some cases, individuals may opt for voluntary departure rather than contesting their immigration case in court. A voluntary departure bond is issued to individuals who agree to voluntarily leave the country by a specified date. This bond allows them to depart the country without facing the consequences of a removal order.

Similar to a delivery bond, a voluntary departure bond requires the assistance of a licensed bail bond agent to post the bond on behalf of the individual. The bond amount is determined by an immigration judge and may vary depending on the circumstances of the case.

Who Is Eligible For Immigration Bonds?

Being detained by the ICE is no guarantee that you can use immigration bonds. In fact the process to decide whether an individual is eligible involves taking various factors into consideration. Here's a breakdown of who decides eligibility, the decision-making process, and the factors influencing the outcome:

Decision-Making Authority

The decision regarding eligibility for immigration bonds typically falls under the purview of immigration judges or ICE officials. These authorities assess each case individually to determine whether the detainee meets the criteria for bond release.

Decision-Making Process

The process of determining eligibility for immigration bonds involves a thorough review of the detainee's circumstances. This may include evaluating factors such as the individual's immigration history, criminal background, ties to the community, and perceived flight risk.

Factors Influencing Eligibility

Several factors may influence the decision to grant or deny immigration bonds:

• Flight Risk: Authorities assess the likelihood that the individual will comply with the conditions of their release and attend all scheduled court proceedings. A high flight risk means that you are likely to be benign immigration bonds. 
• Criminal History: A detainee's criminal record, particularly convictions for serious offenses, may impact their eligibility for bond release.
• Ties to the Community: Strong ties to the community, such as family relationships, employment, and community involvement, may weigh in favor of bond release.
• Immigration History: Previous immigration violations or encounters with law enforcement may reduce your chances for bond eligibility.
• Safety Concerns: If the detainee is deemed a potential threat to public safety or national security, this may impact their eligibility for bond release.
• Likelihood to Win the Case: If the judge thinks that the person in ICE custody is likely to win the immigration case in court, they tend to grant immigration bonds. 

Ultimately, the decision of whether you are eligible for immigration bonds is made on a case-by-case basis. 

How Much Do Immigration Bail Bonds Cost?

Immigration bond costs can vary significantly depending on the circumstances of the case. On average, immigration bonds may range from a few thousand dollars to tens of thousands of dollars. The exact amount is typically set by an immigration judge or ICE official and is based on factors such as the detainee's flight risk, criminal history, and ties to the community.

Determining Costs

The amount of an immigration bond is determined by assessing various factors related to the detainee's case. This includes evaluating the individual's immigration history, criminal background, and perceived risk factors. The goal is to set a bond amount that balances the need for ensuring the individual's appearance at immigration hearings with considerations of public safety and flight risk.

Different Types of Bonds, Different Costs

Different types of immigration bonds may have different minimum amounts. For example, delivery bonds, which allow individuals to be released from custody pending their immigration hearings, may have varying minimum amounts depending on the specifics of the case. Typically, delivery immigration bonds have a minimum amount of $1,500. But the bonds can reach as high as $10,000 or more.  

Voluntary departure bonds, which allow individuals to leave the country voluntarily, tend to have a lower minimum amount, usually around $500. 

Bail bond agents make it easier to pay your high immigration bonds. In fact, we encourage you to check out our instant bail bond quote, which is going to be only a fraction of the immigration bond amount. 

Can I Get A Refund?

Yes, in the case of immigration bonds, the bond amount is returned as long as the detainee meets all the criteria for return. For delivery bonds, you will need to attend all hearings. For voluntary departure bonds, you will need to leave the country by the agreed date. 

However, it's important to note that the process of returning the bond amount can be lengthy, often taking a year or longer for the government to process and send the return to the person who signed the bond. 

Bear in mind that when you work with bail bond agents, the fee paid to the agents will not be returned. 

What Is The Immigration Bond Hearing?

Navigating the immigration bond hearing process is a critical step for individuals detained by the ICE. There is a lot more than just the bond hearing happening. So, we’ll briefly explain what is going on and the order in which the processes occur. 

Arrest and Booking Process

Following an ICE arrest, individuals are typically taken into custody and transported to a federal jail or detention facility for booking. During this process, personal information is recorded, and the individual's immigration status is assessed.

Bail Hearing Eligibility

Once detained, individuals may be evaluated for eligibility for immigration bonds. Factors such as flight risk, criminal history, and ties to the community are considered in determining eligibility for bond release.

Requesting a Bond Hearing

To request a bond hearing, detainees must submit a formal request to the immigration court. You can directly ask the judge during the bail hearing. Also, remember that you are asking for a bond hearing, and not a deportation hearing, which is a different thing. 

It's crucial to make sure you tick “I do request an immigration judge review of this custody determination” in the Notice of Custody Determination document, provided by ICE. This will be the starting point. You will also need to submit an official letter to the judge asking for a bond hearing, in which you state your name, A-number as a detained, and formal request.

The bond hearing will then happen in the following days or weeks. 

Bond Hearing Process

During the bond hearing, the detainee or their legal representative should present the judge with a letter from their sponsor, outlining the sponsor's relationship with the detainee and their legal immigration status. The sponsor must be either a legal permanent resident or a U.S. citizen, and the letter should include the detainee's residential address, which must be a physical street address.

In addition to the sponsor letter, it is advisable for the detainee to gather as many supporting documents as possible that demonstrate their ties to the community and compliance with the law. These documents may include tax records, social security records, a copy of a marriage certificate, or letters showcasing community involvement. Other relevant documents, such as proof of property ownership, evidence of debt, and family photos, can also bolster the detainee's case.

The immigration bond amount is determined either by an immigration judge or through a custody determination following an interview with a Deportation Officer. The Department of Homeland Security sets the bond amount, which must be paid by an external party. If the external party cannot cover the full bond amount, they may arrange payment through an immigration bond company.

Posting the Bond

Once the bond is granted, the detainee or their family members can work with a licensed bail bond agent to post the required amount. This typically involves paying a percentage of the bond amount to the bail bond agent, who then posts the full bond on behalf of the detainee.

After Bond Posting

After being released on bond, individuals must comply with all court orders and attend all scheduled immigration hearings. Success at the bond hearing often correlates with success in establishing the individual's right to remain in the USA. 

According to data from TRAC, individuals released after a bond hearing have a high success rate in Immigration Court proceedings. In 2015, 68% of individuals released after the judge granted bond ultimately prevailed in their immigration case.

It's important for individuals and their families to work closely with legal counsel throughout the bond hearing process to ensure the best possible outcome and to establish their right to remain in the United States.

Why You Need Immigration Beil Bonds

As explained, immigration bail bonds bail you out of custody. But they don’t remove the reason why you ended up in ICE cvustody in the first place. So, you may be wondering if immigration bail bonds are really worth the hassle? Our answer is yes. Here’s why: 

Legal Representation and Case Preparation

Being detained by ICE can be a highly stressful and disorienting experience, particularly for individuals who are unfamiliar with the complexities of the immigration system. Securing release through an immigration bail bond allows individuals to access legal representation and begin preparing their case while outside of detention. This is crucial for building a strong defense and navigating the intricacies of immigration law effectively.

Family and Community Support

Being detained by ICE often means being separated from loved ones, including spouses, children, and extended family members. Securing release through an immigration bail bond enables individuals to reunite with their families and receive much-needed emotional and practical support during what is often a challenging and uncertain time.

Employment and Financial Stability

Detention by ICE can have significant financial implications, as individuals may be unable to work or support themselves and their families while in custody. By securing release through an immigration bail bond, individuals can return to their jobs and resume their daily lives, mitigating the financial strain associated with prolonged detention.

Ability to Fight Deportation

Perhaps most importantly, securing release through an immigration bail bond affords individuals the opportunity to fight their deportation case from a position of relative freedom. This allows individuals to attend all scheduled court hearings, consult with legal counsel, gather evidence, and present their case effectively, increasing their chances of obtaining relief from deportation and establishing their right to remain in the United States.

Trust Future Bail Bonds With Immigration Bail Bonds

Entrusting your immigration bail bonds to a reputable agency like Future Bail Bonds offers numerous advantages over navigating the process alone:

At Future Bail Bonds, we’re proud to have a team of seasoned bond agents with years of experience navigating the intricacies of the immigration system. Their in-depth knowledge of immigration laws and procedures ensures our clients receive expert guidance and support at every step of the bond process.

Unlike navigating the bond process alone, working with professional and licensed bond agents guarantees personalized attention and dedicated support. We understand the unique challenges and concerns you face when you are detained by ICE. So, we are 100% committed to providing compassionate and individualized assistance to all.

Benefit from expedited release from custody, allowing you to reunite with your families and resume your lives as quickly as possible. Our efficient and streamlined process ensures minimal delay in securing release through immigration bail bonds.

At Future Bail Bonds, we offer support in Spanish because we know it’s important to understand and get understood when you are dealing with the legal system. 

Reach out to our team now to help get a loved one out of immigration custody!