Immigration Bail Bond Eligibility
There are certain conditions that affect a person’s eligibility for an immigration bail bond in Texas. If a person has committed a certain kind of crime or is subject to mandatory detention, then they are not eligible for immigration bonds. Another condition that disqualifies an individual from immigration bail bonds is arriving into a U.S port as what is called an “arriving alien.”
What should be stated is that there are circumstances in which both of these conditions can be circumvented. It’s important to speak to the appropriate law office to find out if there are any factors preventing you from posting bond.
Information We Need to Post an Immigration Bond
Because immigration bonds post a bigger risk, bail bond agents typically ask for more than they would for a regular bail bonds. For example, a 15% premium rather than a 10% premium is usually required. Also, collateral will always be needed for immigration bonds. Collateral can be in the form of cash, credit cards, real estate, or something similar.
Ways to Get Released from Immigration Detention around Texas
There are two ways in which someone being detained can be released from immigration detention in Texas. First, we have to discuss the agency that is responsible for making this decision. The organization is called the U.S Immigration and Customs Enforcement (ICE). They detain foreign nationals and have the power to grant them release on personal recognizance. This release is possible in several circumstances, most relevant of which being that the individual is deemed not to pose a threat to public safety.
If a release is granted, the individual is allowed to pay immigration bond. The first type of immigration bond possible is what is referred to as delivery bond. A delivery bond is given with the understanding that the detainee will show up to all court proceedings. To ensure this, an arrest warrant and a notice of custody conditions are provided to the individual being detained. In addition to the ICE having the authority to issue this type of warrant, an immigration judge is also capable of making this decision.
Voluntary Departure Bond
The second type of immigration bail bond available is a voluntary departure bond. Like its name suggests, a voluntary departure bond is an agreement that the detainee will leave the country on his or her own accord. The departure bond amount must be paid in full. Once it is determined that the individual has indeed left the country, the bond will be returned. However, if the person fails to leave the country in the agreed upon timespan, the bond amount will be forfeited and additional charges can be pursued.
It’s also possible to receive a conditional parole. When people hear the word “parole,” they automatically think of someone who is already guilty of a crime. This is not the case in immigration law. In specific cases, the ICE can grant detainees conditional parole.
Paying for an Immigration Bond
Paying for an immigration bond is also something detainees need to consider. Again, there are two ways to go about paying for an immigration bond. The first is a surety bond. A surety bond involves the family or friends of the detainee helping out. They will be required to put up approximately 15% of the total bail amount to the immigration bail bond agent. This amount is non-refundable. So, if the bond is $100,000, the family will have to put up $15,000 for the detainee to receive bond.
The second way to go about paying for an immigration bond is through a cash bond. This is more of a straightforward process in which the individual or the family pays the full bail amount directly to the ICE. This amount is refundable once all court hearings have been completed, assuming the detainee showed up to all dates.
Though it’s understandable that anyone being detained by the ICE would want to be out as quickly as possible, it’s advisable not to rush the process. Speak to a lawyer before submitting any kind of documents for release. A lawyer can help fill the documents with the right kind of supporting information that will give detainees a better chance of being eligible for bond.
However, you must remember a few things about immigration bail that are slightly different from regular bail. An immigration judge has full discretion to take away a detainee’s bond. If the detainee is not careful with the initial forms for bond request, then they are risking losing their bond all together. Another thing to keep in mind is that immigration bonds tend to be much higher than bonds in regular courts. This is, again, at the discretion of an immigration judge.
How Much Do Immigration Bonds Cost?
Immigration bonds are at the discretion of the immigration judge. There are several factors he or she will take into consideration. Criminal history is one, as well as the employment status and current immigration status of that individual. Again, because of the risk, immigration bonds are usually higher than regular bonds.
Benefits of Immigration Bonds
The advantages of posting an immigration bond are clear. The individual gets to leave the ICE detention center. That’s a huge plus. The next most significant thing is that individuals who have posted bond can move anywhere in the U.S. and move their court case to that state. So, if a person is detained in Texas and then post bond, they can move to Florida, if they choose, to fight their case. The last benefit is that the funds are returned once the detainee fulfils all their duties.
PCS Bail Bonds has decades of experience in immigration bail bonds. We understand the complexities of immigration law and can assist with making the process more efficient once bail has been granted. If you or your loved one has been detained by the ICE, please call PCS Bail Bonds right away at 817-335-1655.
“Immigration Bond,” The Law Office of Armand Jawanmardi, last accessed August 31, 2016; http://www.ajimmigration.com/immigration-bond.html.
“How Immigration Bail Bonds Work,” AboutBail, last accessed August 31, 2016; https://www.aboutbail.com/pages/how-immigration-bail-bonds-work.
“Getting An Immigration Bond in Dallas-Fort Worth Texas,” The Vinesh Patel Law Firm, last accessed August 31, 2016; http://vpatellaw.com/getting-immigration-bond-dallas-fort-worth/.
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