Immigration Surety Bonds: What Are They?

The thought of having a loved one released after being detained by the United States Immigration and Customs Enforcement (ICE) agency is often all that family members and friends can think of. It is a stressful situation for everyone involved and the sooner that the immigrant returns home, the sooner the family can relax and pursue legal counsel or get their affairs in order. While traditional immigration bonds are offered by ICE within days of an initial arrest, not all families can afford to pay the amount that is required outright. In these cases, they turn to immigration surety bonds.

For those who can pay the full amount of an immigration bond, the process is simple. ICE will set the amount of the bond, and then an immigration bond sponsor must contact the facility to make the payment. The sponsor must be a legal U.S. citizen or permanent resident in good standing that possesses a valid social security card. From there, they must arrive with a money order or a cash payment that equals the full amount of the bond. This can vary sustainably from case to case, but the minimum amount is usually around $1,500 and can extend to upwards of $10,000. After the bond is paid, the immigrant will be released (usually within a few hours) from ICE detainment at the contracted prison or detention center they are being housed at. They are free to return home with their family and loved ones as their case makes its way through court. If they abide by the terms of their bond and appear at all future court hearings, the sponsor is eligible to receive a refund for the full amount of money they paid to cover the bond. If not, the immigrant can be detained once again until their case resolves. It is important to note that paying this bond does not influence the outcome of the immigration case in any form, and the immigrant may still be deported after an Immigration Judge (IJ) reaches a final decision.

When a family cannot pay the full amount of the bond directly to ICE in the form of cash or a money order, they typically turn to a bail bond company or service for help. Here, they secure immigration surety bonds which are different from if the bond was secured directly through ICE. Instead of paying the full amount required, only a small fraction of the bond money is needed. Typically, this will be less than 20% but will vary greatly based on the company’s specific policies. The sponsor in this case will pay the percentage of the bond needed to the bail bond company, and provide a form of collateral, in return for the immigration surety bond. The surety bond still secures the release of the immigrant from ICE detainment; however, the money paid to the company is not refundable as it is with ICE payments. Instead, it is viewed as a “service fee” but any collateral provided will not be collected unless the immigrant does not abide by the terms of the bond. Like with a standard bond through ICE, an immigration surety bond does not affect the outcome of the immigration case, and the immigrant still faces the possibility of deportation after the case resolves.

Do you need an immigration surety bond to ensure the release of your loved one from ICE detainment? Contact us today to learn about your options and our same day release program.