Surety Immigration Bonds: Is My Loved One Eligible?

Learning that a family member or loved one has been arrested by the U.S. Immigration and Customs Enforcement (ICE) agency is devastating. It typically happens unexpectedly and can disrupt the lives of everyone—especially when the immigrant has young children. The priority in these scenarios is simply getting the immigrant released from detainment so that they can return home while their case processes in court. Fortunately, most immigrants will be made aware of their bond eligibility status for surety immigration bonds within the first day or two after their arrest. So, how can family members who are eagerly anticipating the return of their loved one know if they will be eligible for release?

To determine if an immigrant is eligible for release through surety immigration bonds, the ICE agency will consider a variety of factors. First and foremost, they will take into consideration any criminal history that the immigrant has. If the immigrant has a clear record, this is highly favorable for ensuring their release. Those who have significant criminal histories; however, are far less likely to be approved for a bond. The dates of criminal charges and the types of crime committed will be taken into consideration, but in some instances, crimes may require mandatory detainment until the case is resolved. This generally occurs when the crime committed presents the immigrant as a risk to national security or the safety of the community.

Along with criminal history, ICE will also consider factors like the immigrant’s method of entry into the United States, family ties, standing in the community and employment history. After carefully evaluating each scenario, the immigrant will either be declared eligible or subject to mandatory detainment. Those who are eligible will also be notified of the cost of their immigration bail bond. Generally, this is influenced by the factors evaluated and can range from $1,500 to upwards of $10,000. If family and loved ones can pay this amount in full, in cash or a money order, the immigrant will be released from detainment as soon as the payment is made. Once the case concludes in court, which can take several months or even years, the person who paid the bond (known as an immigration bond sponsor) will be able to receive a refund of this money if the immigrant fully followed the rules of the bond.

When the family cannot afford to pay the bond in full, they seek the assistance of a bail bond company. This company will require them to pay a percentage of the immigration bond amount (usually less than 20%) and provide a form of collateral. In return, they are granted surety immigration bonds that will also secure the release of the immigrant from detainment. Unfortunately, however, the money paid to the bond company is not refundable as it is when paid directly to ICE. Collateral, on the other hand, will not be collected unless the immigrant fails to abide by the terms of the surety immigration bond.

Interested in purchasing a surety immigration bond to secure the release of your loved one from ICE detainment? Contact us today to discover how we can help.