If your loved one or relative has been detained by U.S. Immigration and Customs Enforcement (ICE), it is imperative that you understand the requirements and correct procedures to get them released from detention. Here is some important information you should know about immigration bond requirements and procedures.
Applying for an Immigration Bond
Eligibility for Immigration Bond
For a detained individual to receive an immigration bond they need to be found eligible. They are eligible if they can prove that they are not a danger to the community or a flight risk. In some situations, a detainee is not eligible for a bond because of certain criminal convictions or a previous deportation. In other cases, ICE will refuse a bond to those who they believe are not cooperating with them or not answering their questions. Before their first hearing, a detainee should speak with their immigration lawyer to find out if they are eligible for bond.
If the detainee has a history of arrests and convictions, they need to speak with an immigration attorney about whether these past records will prevent them from eligibility for an immigration bond. It’s important to note that even if the previous charges were expunged or dismissed, there can still be consequences that hinder the detainee from getting an immigration bond.
On the other hand, if the detainee is eligible, the decision is still left up to ICE and an immigration judge. If these parties do not set a bond or the amount seems unreasonably high, the detainee’s attorney can file a request for an immigration bond hearing. The process for arranging this hearing could take one to two weeks, but upon this meeting, the judge will address the preliminary issue, which is whether the detainee is eligible for the bond.
Types of Immigration Bonds
There are specific requirements and qualifications that will allow a detained illegal immigrant to be eligible for a delivery bond. These requirements will be identified and determined by ICE and an immigration judge. An official arrest warrant will be given to the detainee, as well as a notice that explains the conditions under which they may be granted release after paying the delivery bond. The purpose of this bond is to ensure that the detainees attend all their court hearings, and it guarantees that the detainee will comply with all deportation orders. It is the most common type issued to illegal aliens.
Voluntary Departure Bond
The voluntary departure bond is when the immigrant arrested agrees to leave U.S. territory and return to their native country of their own free will and abide by the conditions detailed in the court order. They have a certain period of time to do this, framed by the ICE and the immigration judge. Once the immigrant has left the county on their agreed-upon deadline, the person who posted bail can get a fully paid refund. If the detainee refuses to leave, the money spent on the delivery bond will be forfeited.
How Much Do Immigration Bonds Cost?
If you are considering posting bail for your friend or relative, you can pay the entire immigration bond amount to the ICE, as long as you meet their requirements. Keep in mind that the person paying the bond must be a citizen with legal status in the U.S. The bond cannot be paid with a personal check, but needs to be paid in cash or with a cashier’s check. If you do not qualify to post bail, you can hire an immigration bond company. This agency may offer bonds without collateral, and the cost is usually a small percent of the full bail amount. If all goes well and the detainee meets the conditions of ICE and the judge, you will get your deposit back; however, it may take a year or more to receive your refund.
How Do You Get an Immigration Bond?
There are to main ways for you to get an immigration bond: surety or cash. Here is a break down of each of your options:
Surety Bond: To get a surety bond, the detainee’s family member or friend can work with an immigration bond agent. The agent will likely charge a percent of the total amount and the money or collateral is non-refundable.
Cash Bond: The friends or relatives of a detainee can pay the full bond amount to the ICE, and once the detainee has attending their hearings in immigration court the full amount will be refunded. The cash bond can be paid by money order, cash, cashier’s check, or U.S. bonds or notes.
Contact PCS Bail Bonds for a Trustworthy Bail Agent
If you’re looking for a trustworthy local immigration bond agent to help your loved one get out of jail, PCS Bail Bonds can help. We provide bail bonds 24/7 for a variety of charges including weapons, drug possession, assault, theft, hit-and-run, and embezzlement. We also provide bail bonds for various misdemeanors and felony offenses. We serve clients in the Fort Worth, Texas, and other municipalities in Tarrant County and can process our clients’ requests quickly and efficiently. Our bond agents are always on call and we can be down to the jail in under 30 minutes.
The benefit of working with us, aside from your years of experience, is that we provide 10% lower bond fees. Contact us now by phone at 817-335-1655, at our e-mail, visit in-person, or fill out our bail bond request form. You can be confident that you’re working with experts who are dedicated to helping you.