How Do Immigration Bail Bonds Work?

A Picture of an Arrested Man with Cuffed Hands Wearing an American Flag Shirt.

What Are Immigration Bail Bonds?

If you a family member or friend has been detained by the Department of Homeland Security or ICE (Immigration and Customs Enforcement) due to reasons having to do with their immigration status, it is a good idea to get immigration bail bonds so they can be released until their court date. An immigration bail bond is when someone puts up money in order for the detained persons can be released from the federal law enforcement station. Immigration bail bonds differ a lot from regular bail bonds; typically the bail amount is determined by a court of judge, but in the case of immigration bail the amount is determined Homeland Security. Another thing that makes them different is that the federal government posts the bail, not the court. So either an immigration judge or custody determination will set the bail.

While there are some things about immigration bail bonds that are different from traditional bail bonds, the process is not that different. When someone is arrested by either Homeland Security or ICE, they will be taken to the Department of Homeland Security Immigration Customs Enforcement in order to be processed and booked. Next, the immigration judge or custody determination will set the amount of the immigration bail bond. Once the bail amount has been set, an outside party such as a friend or relative will have to pay the full amount of the bond. In situations where someone can’t pay the full amount, then they can seek help from a bail bond company. By putting up the bail amount for the detained individual, they are promising to Homeland Security that the defendant will go to their court date or NTA (notice to appear).

Who Qualifies for Immigration Bond?

A lot of people ask who are going through this type of situation, “Who gets immigration bail?” For the most part, people who need immigration bail bonds are eligible for them. However, there are a couple of things that can prevent someone from qualifying for an immigration bond. If someone is considered a flight risk, has past criminal convictions, has already been deported, or ICE or Homeland Security doesn’t think the detainee is cooperating they will not be eligible for immigration bail bonds. When someone doesn’t qualify for these types of bonds, they have to wait in the immigration detention facility to see if an immigration judge decides to deport them or if they are being inadmissible. If someone does qualify for an immigration bail bond, there are a couple of types that can be issued.

  • Delivery Bond: Two things have to happen, a detainee must have an arrest warrant and ICE must receive notice of custody conditions.
  • Public Safety Bond: If the detainee accepts any type of public assistance, the fees to the government will be reimbursed.
  • Voluntary Departure Bond: The detainee is guaranteed voluntary return to their country based on the conditions in their court order.
  • Order of Supervisions Bond: The detainee is required to check in with ERO (Enforcement and Removal Operations) so that it minimizes the flight risk.

For detainees to not forfeit their bond, they have to meet the immigration bail conditions. The conditions of the immigration bond will depend on the specific circumstance.

How Much is a Bail Bond for Immigration?

When it comes to the bail amount for immigration bail bonds, there are a couple of factors that are taken into consideration. The immigration judge or ICE will consider the detainee’s employment, criminal history, if they have family ties to the U.S., and what their immigration status is. If the detainee is considered a flight risk, their bail amount will be a lot higher. The bail amount can also depend on what kind of immigration bail bond is assigned. Typically, you can expect to pay anywhere from $1,500 to $10,000. If the detainee is unable to pay the bond amount or their loved ones can’t pay the bond, then they can get help from a bail bond company.

What Happens When Individuals Are Released On Bond in Immigration Court Proceedings?

A Picture of a Book with the Title Immigration Law with Gavel On Top.

What Happens After Immigration Bail?

Many people ask, “What does it mean to be granted immigration bail?” what it means is that the detainee is free to leave the detention center that they were being held at. While this is great news, it doesn’t mean that your case is over–there are still things that need to be done in order to ensure everything goes smoothly. If someone is released on a Rodriguez bond (Rodriguez v. Robbins, 805 F.3d 1060) that means that the case has been expedited, and the court hearing will take place 10 to 28 days later after you leave the detention center. Because of this, you need to make sure that your mailing address is up to date. If its a regular deportation case and doesn’t involve a Rodriguez bond, you will still need to go to every hearing. You should also file a written request to have your case moved to a court that is closer to your home. If you have a loved one who needs immigration bail bonds in Weslaco, TX, please call Rodriguez Bail Bonds today! Our bail bonds will help you get released from jail quickly. From immigration bail bonds to drug charges bail, there is nothing we can’t handle. Call us at 956-316-2245 for 24 hour immigration bail bonds.