Immigration bail bonds - 【2024 Complete Guide】

Through immigration bail bonds, national foreigners detained in the United States can obtain their release while their case is resolved.

While this payment allows the individual to be released, it does not end the process. That is why our Los Angeles immigration attorneys at Lluis Law are here to guide you on this path to help you build a solid defense to obtain a favorable resolution.

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Table of Contents

What are US immigration Bail bonds for 2024?

An immigration bond is a sum of money paid to ICE to obtain the release of a person detained for entering or remaining in the United States illegally.

However, immigration bail bonds only allow for provisional release; they do not mean that the deportation case is closed. As a result, the individual will be required to attend all court hearings and comply with the judge’s orders, which may include deportation.

Note: Not everyone qualifies for an immigration bail bond. Therefore, it is key to have the advice of one of our immigration attorneys who can evaluate your case.

Who is eligible for immigration Bail bonds?

To be eligible for an immigration bond, a detainee must prove that he or she does not pose a danger to the community and is not considered a flight risk.

Who is not eligible for immigration Bail bonds?

Detained individuals with certain criminal convictions or who have been previously deported are not eligible for immigration bonds.

Whether or not you qualify for bail, if you are in California, the help of our attorneys will be key for representation in immigration court in Los Angeles.

How many types of immigration bonds are there?

There are 2 types of immigration bonds for foreign nationals in ICE custody:

Delivery bond: Ensures that the person will attend all immigration hearings. It also allows the detainees to be with their family and consult with an attorney before the hearing.
Voluntary departure bond: Allows the aliens to leave the country at their own expense. It is usually paid to ICE and is refundable if the immigrant voluntarily departures from the United States.

What is the immigration bond process?

The immigration bond process is carried out in the following steps:

Detention: ICE detains the immigrants and transfers them to a federal prison.
Request for hearing: The detainee must request a bail hearing from the judge during the first hearing by sending a formal letter.
Document preparation: For the hearing, the detainees must submit certain documents that demonstrate their ties to the community and compliance with the law.
Determining the amount: The amount of bail is usually set by an immigration judge. If the full amount cannot be paid, arrangements must be made with a bail bond company.
Bail and release: Once bail has been deposited by money order or bank transfer, the detainee may leave the detention center.

What are the requirements to apply for immigration Bail bonds?

To apply for an immigration bond, certain requirements must be met, which the judge will evaluate during a bond hearing:

Risk of flight: The detainees must demonstrate that they do not represent a risk of flight during the judicial process.
Danger to the community: The detainees must prove that they don not represent a danger to the community. A criminal record can be a factor, but rehabilitation can be a positive factor.
Probability of success in the case: The judge will consider whether there is a high probability that the detainee will win the case. If so, bail is more likely to be granted.

Who determines if an immigrant is eligible for an immigration bond?

When an immigrant is detained, ICE handles their case for the first few days and decides on bail at this initial stage.

If ICE denies bond payment, the immigrant can request a bond hearing with an immigration judge.

It is worth noting that bond hearings are held separately from deportation hearings, even if the presiding judge is the same for both proceedings.

immigration lawyers specializing in deportation

The immigration attorneys specializing in deportations at Lluis Law have years of legal experience with these cases. After studying your case, we can consider the route of cancellation of removal.

How does an immigration bond work?

An immigration bond is an agreement you make with Immigration and Customs Enforcement (ICE).

By posting bond, you agree to attend all of your court hearings and comply with the judge’s orders, even if that means deportation.

To secure this commitment, a friend or relative legally in the United States must deliver a sum of money to ICE.

Can the detainees pay Their own bail?

The detainee cannot post their immigration bond. In addition, the bond must be posted by a person over 18 years of age who is legally residing in the United States.

An example of this would be a lawful permanent resident or US citizen. They must also guarantee that the detainees will attend all their hearings and court dates upon release.

What are the benefits of paying an immigration bond?

The advantages of paying immigration bond include:

The detainee will not have to remain in a detention center;
You will have more time to review your options and meet with an immigration attorney;
You will be able to explore alternatives that could prevent your deportation;
If you attend all hearings and comply with the judge’s orders, your bail money will be refunded at the end of the process, regardless of the outcome of the case.

Although the advantages are extensive, it is key to have the assistance of experienced lawyers.

This ensures that the process is carried out effectively and increases the chances of a favorable outcome. Please feel free to call us today.

How much can an immigration bond be worth in the United States?

The cost of an immigration bond in the United States varies from case to case. The minimum amount set for a delivery bond is $1,500, while voluntary departure bonds can start at $500.

However, the amount can increase considerably, reaching thousands or even tens of thousands of dollars.

Note: The cost depends on factors such as the detainee’s criminal record and immigration history.

Where are immigration Bail bonds paid?

Immigration bonds can be paid through the Electronic Cash Bond System (CeBONDS).

This online system allows the public to request verification of bond information and make cash bond payments for detained noncitizens. Bonds must first be approved by an immigration judge or ERO.

Additionally, ICE can send electronic notifications to bond debtors through the system.

Who can use CeBONDS?

CeBONDS can be used by those who are within the United States with legal immigration status. These include:

American citizens;
Lawful permanent residents;
Law firms; and
Non-profit organizations.

What documents should I bring to the immigration bond hearing?

For a bail hearing, we recommend that you bring the following documents:

Immigration sponsorship

Letter from sponsor including address, phone number and proof of residency;
Description of the relationship between you and the sponsor.

Family ties

Letters of support from family members;
Photos with family members during important events;
Copy of marriage certificate;
Personal and close relatives medical records.

Employment and properties

Letter of support from your employer or supervisor;
Tax records;
Property deeds;
Proof of any debt.

Connections with the community

Letters of support from friends, neighbors or community leaders;
Documentation of volunteer activities or membership in local organizations.

Note: Make sure all letters include a copy of the sender’s identification. An example is a driver’s license or Green Card. If letters are in another language, provide translations with a translation certificate.

How to apply for an immigration bond in the United States?

To apply for an immigration bail bond in the United States, follow these steps:

1# Request a Bail Hearing

If ICE provided you with documents with a bond amount or a “No Bond” notation, you can request a bond hearing from the judge.

You can request the hearing before the Government files the Notice to Appear (NTA), or at your first hearing before the judge. In this case, the judge will assign you a hearing date.

2# Prepare for the Hearing

Make sure you have all the necessary evidence and documentation before the hearing. This includes proof of your:

Community ties;
Employment;
Property; and
Any other relevant documents.

Complete the bail calculation sheet, which is usually available at the courthouse. This sheet should include information about your immigration status, criminal history, and other information.

3# Get a Sponsor Letter

The bail sponsor must write a letter that includes the following information about you, the detainee:

Immigration status;
How did you meet; and
Address where you will live.

4# Gather Supporting Documents

Document your ties to the community. For example:

Letters of support from friends or community members; and
Evidence of volunteer activities or membership in local organizations.

Include as many documents as possible, especially those that show your financial stability. This could be a letter of employment or tax records.

5# Request a New Date if Necessary

If your hearing is scheduled quickly and you have not gathered all of your evidence, tell the judge that you need more time and ask for a new date.

Please remember that although requesting a bail hearing does not guarantee that you will be granted bail, preparing adequately can improve your chances of obtaining a low or favorable bail.

What happens if you don’t pay the immigration bond?

If you do not pay your immigration bond, you will remain in detention until your deportation case is resolved.

However, you will not have another chance for a bail hearing unless there is a change in circumstances, such as the withdrawal of criminal charges or the vacating of a conviction.

However, you may appeal the judge’s decision to the Board of Immigration Appeals (BIA). The BIA will review your case and may uphold or modify the judge’s decision.

For more information, please check our blog on the immigration appeal process.

How long does it take to get an immigration bond?

Detainees are usually released at the end of the day, after bail is approved.

It is worth noting that the bond verification process generally takes between 1 and 2 hours, depending on factors such as the availability of staff and operational resources.

Frequently Asked Questions About Immigration Bail Bonds

What happens if the judge gives me bail that is too much money?

If the judge sets bail that is too high for you, you do not have to pay it immediately or on your own. In fact, it can be paid by anyone with lawful status in the United States.

However, you will have to wait until the bail is posted to be released. If you are facing threats to obtain bail money, you should inform our immigration attorneys immediately.

When will I get my immigration bond money?

Immigration bond money will be returned to the person who paid it once your case is fully resolved.

However, bail will only be returned when the detainee has attended all hearings and complied with all orders of the Immigration Judge or ICE. If these conditions are not met, ICE may retain the bail money.

Can an illegal immigrant apply for an immigration bond?

Generally, illegal immigrants can get a bond if they have been detained by ICE. To qualify, they must prove that their release does not pose a danger to people or property and that they will attend all scheduled immigration hearings.

What should I do if I am detained by immigration?

If you are detained by immigration, the first thing you should do is stay calm and not resist. In addition, you should:

Not try to run away;
Avoid arguing or confronting the officers;
Ask politely where you will be taken.

Please remember that there is a process in place and you have the right to follow it. You will therefore be taken to a processing or detention centre, where you will be guided through the procedure.

You can explore more on this topic in our blogs: “If ICE agents show up at your door” and “Illegal reentry after deportation” .

Why do I need a lawyer to apply for an immigration bond?

Not all immigrants may be eligible to apply for an immigration bond. In fact, in certain cases, ICE may deny the possibility of being released from prison on bond.

Therefore, it is important to have an immigration lawyer to help you in these cases, since these detained foreigners may have the option of being released legally.