Through immigration bail bonds, aliens who are detained in the United States can obtain their release. In this article, we delve in depth into this legal option.
Some aliens have the option of bail, but others do not. To find out if a national foreigner is eligible for one, it is important to have the best immigration lawyers in Los Angeles from Lluis Law by your side to help you in this process.
LATINOS WITH OVER 50 YEARS EXPERIENCE
Tell Us Your Case
Immigration bail bonds in the United States in 2023
Immigration bonds in the United States serve to release aliens detained, arrested, or imprisoned by Immigration and Customs Enforcement (ICE).
The bond works as a guarantee that the aliens will appear before all the judicial processes planned after they have been released.
It is important to understand the following:
- Immigration bail bonds do not erase the charges against the alien;
- If the alien wishes to obtain legal status or become a US citizen, they must pursue whatever efforts are necessary to do so;
- The bond allows the alien to get out of jail under certain conditions while their case is pending;
- When the alien is released on bond, they will be required to appear at all court hearings and report to immigration officials.
This legal option helps free loved ones from jail while awaiting a court hearing. If you are in California, the help of our attorneys for representation in Los Angeles immigration court will be key.
Types Of Immigration Bail Bonds
There are two main types of ICE bonds for immigration purposes, these are:
- Delovery bonds: Allows the individual to spend time with their family and consult with an attorney prior to a court hearing. To obtain this bond, you must receive an arrest warrant and notice of custody conditions from ICE;
- Voluntary departure bond: Allows the alien to leave the country through voluntary departure from the United States for a specified time. This bond requires that it be paid in full to ICE.
Note: Voluntary departure bonds are refundable once the alien leaves the US. However, the bond will be forfeited if the alien does not leave the country or does not leave within the established time.
Read on, below we will tell you in detail how to claim an immigration bond.
How To Recover The Money From Immigration Bail Bonds?
To claim an immigration bond, you must wait for ICE to send an immigration bond cancellation notice if the alien complied with the bond conditions.
This notice is known as Form I-391, notice of canceled immigration bond.
In conclusion, to receive a bail refund, the following must be done:
- Submit form I-391 to the Department of Homeland Security (DHS) Debt Management Center along with the original immigration bond receipt (Form I-305);
- Include Form I-352 in the submission (if you have one);
- If the applicant cannot find the immigration bond receipt, they can print and complete Form I-395, which is an affidavit in lieu of the lost receipt from ICE;
- If filing an I-395 form, the applicant must sign the form in the presence of a notary public;
- Once signed, it must be submitted to the Debt Management Center along with the I-931 and I-352 notice.
The Debt Management Center will refund the original amount of the bond and any interest that has accrued during the course of the procedure. Applicants will receive this money a few months after completing this process.
Note: In some instances, it can take a year or more for the government to return bail money to the individual who posted it.
How Much Does An Immigration Bond Cost In 2023?
The cost of an immigration bond is set by an immigration bond judge to ICE. Typically, the minimum amount of a delivery bond is $1,500, but it can be as high as $10,000 or more. For the exit deposit, it is usually about $500 approximately.
The amount of the bonds usually varies, since it depends on certain factors, such as:
- The individual’s employment;
- Migratory status;
- If you have relatives in the United States;
- If you have a criminal record.
Typically, if an individual’s flight risk is high, the cost of an immigration bond will be higher.
How To Pay An Immigration Bond?
Any individual with legal status in the United States can post an immigration bond. To do this, the following steps must be followed:
- Schedule an appointment with a local immigration bond office;
- Request to pay the detainee’s bond as an immigration bond sponsor;
- Call the local ICE office for bond payments;
- Let the ICE manager know that you would like to make an appointment at your local office to post the bond;
- Go to the local office;
- If paying bail out of pocket, a good option is to get a cashier’s check made out to the Department of Homeland Security;
- Call the US Immigration Bond and Insurance Services to request that the detainee be released from detention.
Immigration bail bonds cannot be paid in cash or by personal check. To do this, you must have the original Social Security card and a valid photo ID.
If the bond sponsor is not sure how an immigration bond is paid, they should contact the nearest ICE office. In addition, it is recommended that the aliens obtain immediate legal assistance after their release.
Where Can I Pay An Immigration Bond?
If the immigration judge has allowed the payment of a bond, the individual who wishes to post the bond can do so at one of the ICE offices authorized for that purpose. You can find these offices at the following link.
Posting a bond can be made at any time before the final decision is made on the deportation case.
What Happens After Posting A Bond?
Once the bond has been posted, the ICE officer will inform the detention center that the alien can be released. It’s important to put attention on the following:
- This entire bail release process usually takes about an hour;
- The payment of the bond is made separately from the deportation procedure;
- The payment of a bond is a legal instrument as well as the appeals and the types of immigration waivers of inadmissibility, they constitute very valuable resources to help immigrants.
We invite you to find out if an immigration appeal process can be won and how to do it correctly.
Does An Alien In Custody Have The Right To Be Released On An Immigration Bond?
Only certain aliens who are in custody during removal proceedings will have the right to be released on bond. This means that not all immigrants may be eligible to be released on bond.
Some types of convictions make an immigrant ineligible for release on bond, while other types of convictions do not apply to this legal option. To determine whether or not a detained immigrant is eligible, an attorney should be consulted.
Don’t know how to act if ICE agents show up at your door? Don’t worry, we have a blog where we explain this topic in detail.
Can An Illegal Alien Apply For An Immigration Bond?
Undocumented aliens may qualify for a bond. However, not everyone is eligible. In order for the detainee to be eligible for immigration bail bonds, the detainee must meet the following requirements:
- Bail amount is high enough to ensure that the defendant appears for all court proceedings;
- Detainees demonstrate that they don’t represent a danger to property or to society;
- The detainee will be present at any future proceedings to the satisfaction of the immigration court;
- The chances of the detainee winning the case are high.
Although the detainee may be released, it is important to remember that a bond does not guarantee that the alien will not be deported from the U.S. It simply guarantees that the arrested individual can meet with their attorney and take action on their situation.
There are many cases where an alien can become illegal, such as if they overstay their US visa . If they do, aliens will have to face the consequences of unlawful presence in the United States.
Who Decides If A Detained Alien Can Receive A Bond?
ICE will make the first decision on whether or not the detainee can receive a bond. The notification will be made through form I-286 and will indicate whether the immigrant will be eligible or not. If eligible, ICE determines the amount to be paid.
The I-286 notice also tells the aliens if they have the right to request a bond adjustment. For example, if the amount is too high, the alien can ask the judge to lower the amount to be paid at a bond hearing.
What Is A Bond Hearing?
A bond hearing is a hearing where a judge decides whether or not the alien should be released pending trial. The judge apart from dictating if a bail is possible, will also dictate the conditions of it.
How To Request A Bond Hearing?
There are several ways to apply for an immigration bond:
- Request a bond hearing in court. If a bond hearing is requested when the alien is in court, the judge will usually grant a hearing within the next few days;
- To request a hearing, the alien will have to check the option “notice of custody determination” on the document.
- Write a hearing request letter to the judge. The alien should be sure to include their name, A number, and their request to have a bond hearing as soon as possible.
- The letter should be sent to the following address: Immigration Court, 1 Federal Drive, Suite 1850, Fort Snelling, MN 55111.
What Is An A Number?
The alien registration number (also known as an A number) is a 7, 8, or 9-digit number that the government assigns to an alien when their file is created.
What Should Be Brought To The Bond Hearing?
The sponsor letter is an important document that the sponsor can give to a judge. This letter must include the following:
- How the sponsor and detainee know each other;
- The legal status of the sponsor (it is essential that they be a US citizen or resident). The sponsor must also enclose proof of their immigration status with the letter;
- The address where the detainee and sponsor live. Additionally, the sponsor must enclose by mail their name and address showing that they live at said address;
- How they will support the detainee if released and any other elements that indicate the detainee’s ties to the community.
Other Supporting Documents
To appear at an immigration bond hearing in California or any other state, the aliens must gather as much evidence as possible to show the judge that they have strong ties to the community:
- Any evidence that you are eligible or have a strong enough case to receive relief from removal;
- Proof that your close relatives have legal status in the US;
- Tax registration;
- Letters of support from as many family members as possible (including children’s drawings), and a copy of the identification of the individual who wrote the letter;
- Letters of support from friends, acquaintances, or community involvement;
- A letter from the detainee reflecting on why they want to stay in the US;
- Evidence of financial support from relatives;
- Family photos;
- Rehabilitation program certificates (if applicable);
- Informational brochures on rehabilitation programs in your area;
- Social Security records;
- Evidence of ownership;
- Certificates, diplomas, awards and others;
- Proof of insurance (such as car or medical);
These are just some of the documents that can help an alien who is detained. It is important that each individual writing a letter includes:
- A copy of identification along with the letter;
- A passport, or;
- A Green Card.
If the letters are not in English, they must be translated and include the translation certificate. Haven’t got a Green Card yet? You may be interested in knowing how to obtain the Green Card of residence.
Frequently Asked Questions About Immigration Bail Bonds
An immigration bond lasts as long as the defendant is cooperative and has strong support from friends or family. Each bail bond case differs in its timing, but in most states the timing ranges from 90 to 120 days.
Immigrants can appeal a bond decision through the EOIR-26 form. The appeal must be received by the Board of Immigration Appeals (BIA) within 30 days of the decision.
For an alien to be released on bond, the full amount set by the immigration judge must be paid. If you are unable to do so, there are some companies that offer help paying an immigration bond.
This means that the bail sponsor pays only part of the amount while the company pays the rest. These companies charge a fee for this service.
Some courts have ruled that it is unconstitutional to hold someone without bond if their deportation case is taking too long. To be released, the detainee can file a habeas corpus action in federal court.
According to data provided by the US government, the average age of an alien deported by ICE is approximately 30 years old. In addition, most of the detained aliens are between 26 and 34 years old
Why Do I Need A Lawyer To Apply For An Immigration Bond?
Not all aliens may be eligible to apply for immigration bail bonds. In fact, it is possible that in certain cases ICE will deny the possibility of being released from prison on a bond. Therefore, it is important to hire an immigration attorney to help you in these cases.
The lawyers at Lluis Law have more than 50 years of combined experience helping aliens in different procedures. If a national foreigner is detained, they may have opportunities to be legally released.
If you are involved in a case that requires the payment of immigration bail bonds and you need legal support, do not hesitate to contact the Los Angeles law firm of Lluis Law.
LATINOS WITH OVER 50 YEARS EXPERIENCE
Tell Us Your Case