Reasons Why ICE Can Hold an Alien without an Immigration Bail Bond

Immigration and Customs Enforcement (ICE) is a department within the government, whose primary focus is enforce border patrol, customs, trade and immigration, to promote homeland security and public safety.

When an illegal alien is taken into ICE’s custody, a bond will be determined; if granted, an amount for the bond will be set. An immigration bail bond is a certain amount of money that you pay the government, in order to be released while you continue through legal proceedings. As long as you attend all of your scheduled immigration court hearings, your payment will be returned; however, if you are absent at any scheduled hearings, you will lose your immigration bail bond money.

If the alien is eligible for an immigration bail bond, also known as ICE Form I-352, one of four bail bonds will be given:

1. Delivery Immigration Bail Bond
2. Public Safety Immigration Bond
3. Voluntary Departure Immigration Bond
4. Order of Supervision Immigration Bail Bond

There are instances where an immigration judge will rule against the alien, saying that they do not meet the qualifications for release, and an immigration bail bond will not be allowed. This happens when an immigrant has been released from criminal custody. Any immigrant that has been arrested for a criminal offense is required to be held by ICE during the legal proceedings, regardless of immigration status and personal circumstances.

The alien must meet the following conditions to be held by ICE without bond:

1. The alien was released from criminal custody after October 8, 1988; and
2. The criminal custody the alien was release from is one mandatory detention grounds.

Mandatory Detention Grounds

The following are a list of criminal grounds of inadmissibility – meaning an actual conviction is not required:

1. A crime involving moral turpitude
2. Multiple convictions that would result in five+ years in prison
3. A prostitution-related offense
4. A controlled-substance offense
5. Terrorist activity
6. Human trafficking
7. Money laundering

The following is a list of deportable criminal convictions:

1. A crime involving moral turpitude that resulted in a year+ sentence
2. Two or more crimes involving moral turpitude
3. A firearms offense
4. An aggravated felony
5. Drug abuse or addition
6. Espionage, sabotage or treason

If you or a loved one is currently being detained by ICE without a bond and you believe that you are eligible for an immigration bail bond, petition for a “Joseph Hearing”. During this hearing, an immigration judge will review your case and determine if you are eligible for detention without bail and can consider you for a bond.

If you are granted the ability to post an immigration bail bond, US Immigration Bonds would like to help. Our nationwide immigration bail bonds company offers the lowest cost immigration bonds in the industry and has same day release! If you have been given an immigration bond amount, our bail bondsmen can help you post your immigration bond. Call 1-800-225-2587 today, to learn more about our immigration bail bonds!