4 Common Misconceptions About Immigration Bonds

Immigration bail bonds are similar to those that are utilized in the U.S. criminal justice system. Despite this, many are unfamiliar with how they work. This leads to a plethora of misconceptions about immigration bonds, which can cause confusion and undesirable outcomes. Discover 4 of the most common beliefs:

1.      Charges Are Dismissed After Release

When an immigrant is detained by ICE, they face severe legal ramifications. Being detained does not erase these charges, nor does getting released through an immigration bond. Many believe that getting released on a bond is the end of the immigration case, but unfortunately, the charges brought forth remain. Immigrants who are released on a delivery bond will need to appear in court as their charges are processed through the court system. Ultimately, a judge will determine the consequences of failing to abide by U.S. immigration laws.

If an immigrant opts for a departure bond instead, the charges are typically dismissed after the immigrant leaves the country. Despite this, the encounter will often remain on their record and will severely inhibit their chance to reenter the United States, typically for 10 years or more. This is among the most common misconceptions about immigration bonds and often confuses bond sponsors and immigrants alike.

2.      Immigration Bonds Are Always Refundable

Immigration bonds can be immensely costly, and the need typically arises unexpectedly. Because it is an emotional situation, many family members, friends, and other loved ones quickly agree to aid with the cost of the bond. Many times, they believe that they will receive the money they contribute back after the case has concluded. Unfortunately, this isn’t always the case.

ICE is notorious for being slow to process immigration bond refunds and many sponsors fail to receive them at all, even when the case concludes. In some cases, this is because the immigrant failed to abide by the terms of their bond. These situations dictate that the money paid is forfeited and the immigrant may once again be detained by ICE. In other circumstances, such as when a bond service is utilized, the money paid may not be eligible for a refund. This is often because sponsors purchase a surety bond, which only requires them to pay a small percentage of the total bond cost upfront. The percentage paid is a service fee rather than a refundable payment towards the cost of the bond.

If you are considering acting as a bond sponsor, paying in full through a bond service is often an option and will result in the fastest refund— if the immigrant follows the stipulations of their bond.

3.      Anyone Can Post an Immigration Bond

Another one of the most common misconceptions about immigration bonds is that anyone is eligible to post the bond. Unfortunately, this isn’t the case and it can be tough for immigrants to find a qualifying bond sponsor. This is because sponsors must be U.S. citizens or permanent residents who are in good standing with the government. They must also be able to produce valid identification, agree to the terms and risks associated with paying a bond and if working with a bond service, meet their financial requirements.

4.      All Immigration Bonds Are the Same

One of the biggest and most common misconceptions regarding immigration bonds is that they are all created equally. Most immigrants and their families are familiar with immigration delivery bonds, which require an immigrant to return to an ICE facility for check-ins, or court hearings. This option allows the immigrant to remain in the United States until a judge finalizes their case. Despite this, departure immigration bonds are also available, and it is crucial to understand the difference.

An immigrant who commits to a departure bond agrees to leave the country within a specified timeframe, typically 30 to 90 days. They must finance their travel accommodation and leave on their own to avoid further legal action. If an immigrant wishes to remain in the country and have their case heard before a judge, it is essential to avoid committing to a departure bond unless the ramifications are clearly understood.

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