When an individual with no U.S. legal status is arrested for committing a crime Immigration and Customs Enforcement (ICE) is notified and typically places a detainer on the subject. A detainer is an instruction from Homeland Security to the jail requesting a notification to ICE prior to releasing the inmate. This detainer is issued by the Criminal Alien Program, also known as CAP. Usually one an ICE detainer has been placed on an inmate, jails usually refuse to accept payment of the criminal bond. Although the practice is unethical, a criminal bond could be posted for an inmate with an ICE detainer; however most detainees are transferred into the ICE custody opposed to being released.
If you are attempting to post a criminal bond and the jail is refusing to accept your payment, demand to speak with a supervisor that can assist you. Request to speak with a higher authority and don’t stop until you find someone that can help. Remember, it is the detainee’s right to have bail posted and is unlawful for the jail to refuse. Many immigration bonding agencies will not post a criminal bond with an ICE detainer because of the ‘high risk’ association with this type of situation. If the criminal bond is posted and the alien is deported (before ever being released), the bond will be forfeited and will be a complete loss to whomever posted the entire bond. Every state’s procedure to contest a forfeiture from a missed court appearance because of deportation varies. Even with valid proof of the alien’s deportation some States may not exonerate the bondsman.
If bond is not posted, once the criminal case has been resolved, the detainee will ultimately be transferred to ICE. If the charges were dropped or the defendant was found not guilty, they are immediately transferred to ICE custody. The alien is then interviewed by a Deportation Officer or will see an Immigration Judge to determine eligibility for an immigration bond. In some cases, the alien may be ineligible for bond and will ultimately be deported.
If your loved one is currently detained on a criminal bond with an ICE detainer, contact us US Immigration Bonds at 1-800-225-2587 to speak with one of our immigration bond experts. Depending on your situation, we will begin the bond procedure or recommend consult with an attorney for your best course of action.