What’s the Difference Between Criminal Bail Bonds and Immigration Bonds?

When a United States citizen is arrested and charged with a crime, they are taken to a local jail until their case can be heard before a judge. Because the process can take time, many of these individuals opt for a criminal bail bond. This bond allows them to spend this time at home instead of in jail. The same is true of an immigration bond when it comes to immigrants detained by ICE, so what’s the difference between criminal bail bonds and immigration bonds?

Essentially, criminal bail bonds and immigration bonds are the same. They are both used as a form of collateral to ensure that a person will cooperate with future court proceedings. To ensure this, the price of each bond is set accordingly. This is done by evaluating the specifics of each case. For example, if an individual has never been charged with a crime before, they are more likely to receive a lower bond price. On the other hand, those with a severe charge or multiple priors will receive a higher bond or will be declared ineligible for a bond altogether. With immigration cases, the same method is used but will also focus on the amount of time the immigrant has been in the country, their family ties, and employment history. This aims to deter arrested citizens and immigrants from attempting to flee, as the money paid will be forfeited if they do.

While there is only one form of criminal bail bond, immigration bonds are unique because they can allow an immigrant to leave the country or to remain and fight their case. When an immigrant obtains a departure bond, they come to an agreement with ICE to leave the United States on their own within a specified timeframe. Typically, the time given by the agency is around 30-90 days. Many immigrants choose this option in order to avoid the possibility of having a recorded deportation on their record. This prevents them from being able to return in the future, but a voluntary departure opens up the possibility of a return in the future. It also gives them more time to get their affairs in order in both countries.

More commonly, immigrants decide to have their case brought before an Immigration Judge (IJ) with a delivery bond. Although this can be a lengthy process, it allows the immigrant to return to their homes in the United States until a decision is made. To remain in good standing with ICE, immigrants with a delivery bond must appear at every court proceeding or appointment. If they fail to do so, the bond can be revoked and they may once again be detained in an ICE facility. Afterward, regardless of the decision made, the person who paid the bond (known as a bond sponsor) can receive a refund if the immigrant remained cooperative.

Want to learn more about the differences between a criminal bail bond and an immigration bond? Contact the experts at US Immigration Bonds today to discover how we can help.