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How Exactly Do Immigration Bonds Work?

How Immigration Bond Work

In 2019 alone, the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agency arrested approximately 143,000 illegal immigrants and removed more than 267,000 from the United States. This means that hundreds of immigrants are arrested by the agency each day. They are separated from their friends and loved ones and placed in an ICE facility or local contracted prison where they are held in detainment. Fortunately, many of those who are housed in these facilities are eligible for release on an immigration bond until their case resolves in court. So, how does an immigration bond work and how can your detained friend or family member secure one?

Securing an immigration bond after being detained by ICE does not require taking extraordinary measures. In fact, an immigrant’s eligibility for a bond will automatically be determined within the first day or two of detainment. To come to a final decision, several factors are taken into consideration by the agency. One of the most important of these being the immigrant’s criminal history. This is perhaps the most crucial element because those with certain charges will automatically be deemed ineligible for release through an immigration bond. The most common charges that prevent an immigrant from securing a bond include those that are violent in nature, terroristic or those that include drug trafficking. In these scenarios, immigrants will be held in mandatory detention until their immigration case fully concludes in court. Other factors like family ties, the entry method and amount of time spent in the United States, employment history and country of origin will also be considered.

For those who are eligible, ICE agents will make the immigrant aware of their status along with the amount required to ensure their release through an immigration bond. The cost of the bond will vary, but the minimum amount required is typically at least $1,500. If the amount is much higher than the immigrant’s friends and family can afford, they can request a Bond Redetermination hearing where they can plead their case for a lower bond. Although it is not always successful, in some cases, an Immigration Judge can be convinced to lower the cost significantly. From there, an immigration bond sponsor can plan to pay the cost of the bond at a local ICE facility. If the immigrant cooperates until the case concludes, the sponsor is able to receive an immigration bond refund to recover these funds.

It is important to note that the immigration bond sponsor does not have to be related to the immigrant; however, they do have to be a U.S. citizen or legal resident alien in good standing with the government. Likewise, they will need to produce their original social security card and will have to pay the full amount of the bond in cash before the immigrant can be released from detainment. Once payment is posted and all documents have been signed, the immigrant will typically be released within an hour or two. The immigrant will remain free, but they must abide by the terms of their immigration bond which include appearing at all future court hearings until the case concludes in court. If the immigrant does not abide by these stipulations, they can be detained once again and held by ICE until the case outcome is determined. In this event, the sponsor would not be eligible for an immigration bond refund.

If your loved one is detained by ICE and you are wondering, “how exactly do immigration bonds work?”, reach out to us today to see how we can help.