Are Immigration Bonds Refundable?

Every day in the United States, millions of immigrants live in fear that they will be arrested by the Immigration and Customs Enforcement (ICE) agency. When their fears become a reality, it is devastating to the immigrants themselves as well as their family members and loved ones. Often, the biggest concern for everyone in this situation is simply how long the immigrant will be detained. After discovering that many are eligible for release through an immigration bond, families quickly aim to raise the funds to pay. Unfortunately, the cost of an immigration bond can range drastically from $1500 to over $10,000. As this is no small fee for an immigration bond sponsor to pay, families often ask, “are immigration bonds refundable?”

The answer to this question depends on several factors. The first one being the method in which the immigration bond sponsor paid for the bond. Typically, if the family or sponsor can raise enough money to pay in cash or through money order, they will arrange a meeting at a local ICE facility. At this point, the immigration bond sponsor must show that they are a U.S. citizen or legal permanent resident in good standing. They will have to come equipped with their original social security card, in addition to the payment. Upon completion of this meeting, the immigrant will be released from detainment. If they abide by all the terms and conditions of the immigration bond agreement; the immigration bond sponsor will be eligible to receive a refund after the case resolves through the immigration court system.

If the family is unable to pay the immigration bond in full to ICE- they may opt to use an immigration bail bond company instead. This option only requires the immigration bond sponsor to pay a small percentage of the total bond amount set by ICE (generally less than 20%). Most companies will also require a form of collateral. This can be anything of significant value, such as the deed to a home, or title to a vehicle. Once these requirements are met and a contract is signed, the immigrant’s release will be arranged by the company. In this scenario, the answer to “are immigration bonds refundable?” is always no. Collateral, however, will not be collected unless the immigrant failed to comply with the terms of bond until their case was resolved in court.

It is important to note that refunds will not be issued in any case until an immigration judge has made a final decision regarding whether to grant the immigrant with a legal status or to deport them. The outcome, in either case, does not alter refund eligibility. Likewise, it can take several months to a year after this point to receive a notification regarding refund status. This notification is known as a form I-391 or Notice of Bond Cancellation. It will be sent to the address on file with ICE. For this reason, it is crucial that immigration bond sponsors make the agency aware of any changes to their address until they have received a refund.

Are you an immigration bond sponsor who wants to learn more about the refund process? Contact us today to see how we can help.