Immigration and bail
Immigration is a big focus for America right now, and that has brought more attention to immigration bail bonds and other issues regarding illegal citizens. Because of most of those arrested as being illegal can’t speak English, and many of the local State Department employees are not able to speak Spanish, or any second language, the communication is challenging.
In this piece today, we’re going to answer a few basic questions that could help many that have found themselves asking about how immigration bail bonds work and the biggest question, “How do I get a bond?”
If you or anyone you know has ever had to be bailed out jail, you know that process is confusing and takes time. If you’re the one behind bars or the one waiting for somebody to be released, it can seem like it takes forever. When it comes to immigration bail bonds, the process takes even longer, especially currently with the slew arriving through open borders. Let’s review the process and steps:
- First, an illegal alien is arrested ICE (Immigrations Customs Enforcement) and taken in for booking and process at a local federal law enforcement station.
- A bond is posted to the federal government.
- An immigration judge sets the amount for immigration bail bonds or custody determination is established after a Deportation Officer has conducted an interview with the arrested illegal alien
- The Department of Homeland Security determine the immigration bond amount. The amounts vary based on several factors.
- A person from the “ outside” must post the immigration bond. If they do not have the full amount of the bail, they can seek the services of an outside party cannot pay the full amount of the bond, they must can apply for help with one of the many immigration bail bond companies in the area.
- A licensed bondsman from the immigration bail bond company will post the immigration bond with the ERO (Enforcement and Removal Operations) office and the illegal alien will be released to the bondsman’s custody.
What are the chances of getting an immigration bond?
Most non-citizens are found eligible to post bail bonds for immigration that will have them released from ICE custody until their hearing. There are some non-citizens that will be subjected to mandatory detention and not eligible to be released on immigration bail bond, typically those with a criminal record.
The minimum amount for immigration bail bonds is $1,500, but the amounts an vary based on certain factors that include:
- a crime involving moral depravity, with some stipulations set
- multiple convictions
- a controlled substance offense
- a prostitution-related offense
- terrorist activity
- human trafficking
- money laundering
What happens at an immigration bond hearing?
On the day of the immigration bail hearing, the detained is led into the courtroom wearing federal issued clothing and choose, without handcuffs or shackles. The only person the detained is allowed to speak with is their immigration attorney.
An Immigration Judge will review the detainee’s immigration status in America to confirm they are eligible for one of the immigration bail bonds and decide to grant or deny that bond. The Immigration Judge will review all evidence presented to help make this discretionary decision. It is the detainee’s duty, or their immigration attorney, to prove the following:
- detainee is not a flight risk
- detainee is not a danger to the safety and security of this country
- detainee is not a threat to national security
Factors that the Immigration Judge will review for their decision is the detainee’s family connections and ties in this country; are they employed; their housing situation; is there any removal of relief available to them. During immigration bail bonds hearing, the Immigration Judge will ask about these things as well as any criminal history. That criminal history will include, but not limited to DUI arrest.
Once immigration bail bonds have been approved by an Immigration Judge and has been obtained by an outside party, there are no immigration bail bond refunds possible should the detainee skip out or the person that paid the bail bond agency decides to back out of their obligation.
What is mandatory detention under immigration law?
Mandatory detention is a provision set by Immigration and Naturalization Agency that any non-citizens with specified criminal convictions are to be detained by Immigration Customs Enforcement agency. This keeps them from being eligible for immigration bail bonds and they are detained until their removal proceedings are held.
Once an illegal alien is arrested by ICE, how long can ice hold you in jail? If an illegal alien is arrested for anything and taken to jail where it is then discovered they are an illegal alien, Federal law states that they can only be held forty-eight hours by ICE after their jailed release. This is why it is beneficial and important to hire an immigration attorney as soon as arrested. The attorney will know their rights and the law, making sure that all aspects are honored. Call today for your immigration bail bonds needs in Weslaco, TX.