Trying to fully grasp the nuances of immigration law in the United States can be a challenge to anyone unfamiliar with the way the system operates. Someone coming from another country who has been detained for reasons related to immigration equally struggles to know their rights when it comes to how immigration bail actually works.
Unless released based on personal recognizance, the only way to free a family member or loved one who has been detained for immigration purposes is to get an immigration bond. And actually obtaining an immigration bail bond is also not guaranteed, as certain qualifications must be met.
Explaining the Immigration Bond Process
The actual arrest of the illegal immigrant is the event that triggers the immigration bail bond process. The deportation officer then interviews this individual and an immigration judge sets the bail amount. It is important to note that there is no standard bail amount for immigration cases; the amount is determined in part by the Department of Homeland Security and must be paid by an outside party. If full bail can’t be paid, then arrangements must be made with an immigration bail bond company.
Types of Immigration Bonds
If it is determined that the arrested illegal immigrant is not a threat to the security of the country or public safety, two types of immigration bonds are available:
Delivery Bond: If U.S. Immigration and Customs Enforcement (ICE) finds it fit, a delivery bond can be issued to an illegal immigrant following their arrest. To ensure the immigrant shows up to all immigration court hearings, an arrest warrant and notice of custody conditions are given in accordance with the delivery bond. The client is then free to spend their time outside of prison with their family or whomever they choose, all in coordination with the custody conditions.
Voluntary Departure Bonds: Illegal immigrants may be given the option to voluntarily leave the country on their own expense. If the departure bond is paid in full and immigrants leave within the specified timeline, then a full refund of the funds will be given.
Ways to Get an Immigration Bond
You can get an immigration bond in one of two ways. The first is for the friend or family member to pay the amount in full directly to the ICE. Once the arrested immigrant attends all immigration court hearings, their family will be reimbursed the full amount.
The other way of obtaining an immigration bond is through what is called a “surety bond.” In this case, a friend or family member works with an immigration bond agent who charges approximately 15%–20% of the total bail amount. This cost is non-refundable.
Bail in Tarrant County
PCS Bail Bonds has helped thousands of clients in their over 25 years of service in Texas. They provide professional bond services for anyone within the Tarrant County area and have managed to obtain the respect of many Tarrant County judges and attorneys.
“How Immigration Bail Bonds Work,” AboutBail.com; http://www.aboutbail.com/pages/how-immigration-bail-bonds-work, last accessed December 5, 2014.
“Immigration Bonds Explained,” Action Immigration Bonds web site; http://www.immigration-bail-bonds.com/immigration-bond-process.php, last accessed December 5, 2014.