The Difference Between Bail Bonds and Immigration Bonds in Miami
What is an Immigration Bail Bond
When a family member or friend has been detained by the US Department of Homeland Security Immigration and Customs Enforcement (ICE), an immigration bail bond is required for their release.
Immigration bonds in Miami are a requirement for those who are Green Card holders, or those who are undocumented individuals detained by the US Department of Homeland Security’s Immigration and Customs Enforcement (ICE), awaiting the result of a case. An immigration bail bondsmen will issue one of four types of bonds.
These bonds are also referred to as ICE Form I-352, and there are four forms of the bond:
- Delivery Bond (G1)
- This is the most common type of immigration bail bond. It is a bond relying on the delivery of an alien, and that deportation is followed through.
- Public Safety Bond (G2)
- Designed for the reimbursement of any fees to the government if the alien accepts any form of public assistance.
- Voluntary Departure Bond (G3)
- Based on the court order, this bond is issued to ensure proper return to his/her home country within the conditions set forth in the order.
- Order of Supervisions Bond (G4)
- This bond is an order used to warrant that all conditions of supervision are met and the individual surrenders for removal.
The Difference of a Traditional Bail Bond.
When a person is detained by the US Department of Homeland Security Immigration and Customs Enforcement, an Immigration Bond in Miami is necessary, but why can’t a traditional bail bond be used? The reason is simple: the individual may not have actually committed a criminal offense, but rather an offense in terms of being an illegal immigrant.
Regular bail bonds come in six different forms:
- Citation Release
- Used when an officer making an arrest does not take the suspect to the station. Instead, the officer issues a citation, which is an order granting the suspect to appear in court on a designated date.
- Recognizance Release
- This type of bond is used as a release in accordance to a citation. The individual in question signs paperwork making a promise that he/she will guarantee an appearance in court before the judge. If the suspect does not show up, a fine is issued.
- Cash Bail
- Cash bails are issued for more severe crimes, only if the suspect is not denied bail.
- Surety Bond
- This form of release is available to suspects when the individual does not have access to the amount of cash necessary for bail. During this process, the suspect works with a bail bondsman by repaying ten percent of the bail amount to the bondsmen with a guarantee that the individual will appear in court when summoned.
- Property Bond
- Property bonds are not very common. This type of bond uses the suspect’s real estate as collateral.
- Federal Bail Bond
- When a federal crime is in question, only federal bonds are issued. The transaction process is done directly through the courts, and both cash and property can be obtained.
Those who are seeking a traditional bail bond are citizens who have committed a criminal offense. The bond guarantees that the offender will appear in court. However, there are immigration cases where a traditional bail bond may be sought:
- Residency is granted to the alien.
- The immigrant is deported before their hearing.
- The individual leaves voluntarily and provides valid proof of residency afterwards.
Immigration bonds in Miami are available only to those individuals who meet the requirements. If the defendant is denied bail, he/she will not be able to get a bail bond. Immigration bonds are similar as bail bonds, regarding the three parties involved; the defendant or individual responsible, the individual who oversees the fulfillments are carried out by the defendant, and the third-party involved is the immigration bondsman, whom the debt is owed to.