An immigration bond is required to secure the release of an individual being detained by Immigration and Customs Enforcement (ICE). Technically, an immigration bond is a surety bond and is a three-party contract between the Department of Homeland Security (DHS), the detained alien, and the entity posting the bond.
The Agent or Agency: If you do not have the entire amount of the bond in cash you will need to find an agent or agency licensed to issue immigration bonds.
A complete listing of insurance companies on the Treasury List authorized to issue immigration bonds can be found here: Department of the Treasury’s Listing of Certified Companies.
An agent transacting immigration bonds on behalf of an insurance company must have either a property and casualty license or a bail bond license, depending upon the state’s licensing requirements.
The insurance company has credit with the United States Government, and the immigration bond represents a promise to pay the amount of the bond to DHS in the event of a breach. So no funds change hands when an immigration surety bond is issued.
Typically, a family member, friend of the detained, or other third party will contract a bonding agency to arrange for an immigration bond. That third party will pay the bondsman a pre-determined percentage of the bond and will also pledge something as collateral in order to secure the bond.
The cost varies from company to company. If you give the full amount of the bond directly to DHS you will get a full refund if the alien complies with all conditions set forth in the bond. But this process can be confusing and time consuming.
If you hire a bonding company to post the immigration bond, you will be required to pay the rate that the bondsman’s insurance company has filed with the Department of Insurance in your home State.
US Immigration Bonds & Insurance Services charges a one-time fee of 12% of the set bond amount, plus a $10 filing fee in all states. There are no annual fees.
No. That’s where we’re a big help. We do not give Homeland Security any money, but instead we work through an insurance company that has credit with the United States Treasury Department. So when we issue an immigration bond, we are simply guaranteeing Homeland Security that we will pay the bond only in the event of a breach.
All you need to do is pay our bond premium: the one-time fee of 12% of the bond, and a $10 filing fee, and provide collateral such as real estate or credit cards.
US Immigration Bonds is always exploring new options for collateral, and our experts will be pleased to discuss your options based on what you have available.
If you have the full amount of the bond in cash, you can visit an immigration office that accepts bonds and post the bond yourself. But remember, you are dealing with Homeland Security, and navigating through the DHS bureaucracy can be difficult and time consuming. You also have to deal directly with Immigration and Customs Enforcement, and you will need to locate an immigration office that accepts bonds, purchase a cashier’s check or money order for the full amount of the bond, and then be prepared to wait many hours in order to post the bond.
If the alien’s file is unavailable or if the alien is being transferred to another location—which often happens—you will have to return the following day, a waste of your valuable time.
Even after the bond is posted, your money will be sent to an office in Vermont, formerly the Burlington Finance Center (BFC), which handles and oversees all of the debt management for ICE.
Finally, when the alien’s case has been concluded and he or she is either deported, allowed to remain in the United States, or has left the country voluntarily and provided valid proof, the bond will be canceled and ICE Form I-391 (Notice Immigration Bond Canceled) will be issued to the obligor (person or entity posting the bond).
Now, once you receive the I-391, you must send the original ICE Form I-305 along with a copy of the I 391 to BFC in order to obtain your refund.
If you do not have the original I-305, you will need to submit ICE Form I-395 (Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security) along with photo ID and three signatures. Unfortunately, the ICE office that accepted the bond will often give you a copy of the I-305, making it impossible to bypass the I-395.
And remember that immigration removal cases typically stay active for three years or longer. A lot can happen in that timeframe, and many people are forced to hire an expensive attorney to get their bond refund. Another disadvantage to posting the bond directly with DHS is that they are only required to send I-340s (Notice to Appear) to the address listed on the I-352 bond contract for the alien and the obligor.
So if you move and ICE is not notified, you may not receive notifications from ICE and your money will almost certainly be lost.
But you can avoid all of this by simply picking up the phone and contacting US Immigration Bonds at 1-800-225-2587 today.