Navigating bail bonds can be a complicated process, and the challenges are amplified when immigration issues are involved. Immigration-related bail bonds provide an essential opportunity for individuals detained by immigration authorities, allowing them to temporarily secure their release while their immigration status or removal proceedings are ongoing.
For detainees, their families, and legal advisors, understanding the specifics of immigration bail bonds is crucial. Below is a guide to immigration bonds, highlighting important considerations and unique aspects.
What Are Immigration Bonds?
An immigration bond is a financial guarantee ensuring that a detainee will comply with immigration court orders, including attending hearings and following any deportation or removal directives if applicable. Unlike bail bonds in criminal cases, which are processed through state or federal courts, immigration bonds are managed by the Department of Homeland Security (DHS) and immigration courts.
There are two main types of immigration bonds:
- Delivery Bond (Form I-352): This bond allows a detained individual to be released while awaiting their immigration hearings. The individual must agree to attend all hearings as scheduled.
- Voluntary Departure Bond: This bond permits a detainee to leave the U.S. voluntarily within a specified timeframe. If the individual departs as required, the bond is refunded.
Key Differences Between Criminal Bail Bonds and Immigration Bonds
Though both types of bonds serve to ensure compliance with legal requirements, immigration bonds differ significantly from criminal bail bonds in several ways:
- Jurisdiction: Immigration bonds are overseen by DHS and immigration courts, whereas criminal bail bonds are handled by state or federal courts.
- Eligibility: In criminal cases, eligibility for bail is typically determined by a judge, who considers factors like flight risk and criminal history. In immigration cases, eligibility is assessed by ICE officers or immigration judges, who review the detainee’s immigration status and other relevant factors.
- Bond Amounts: Immigration bond amounts are generally higher than criminal bail bonds, often ranging from $1,500 to $25,000 or more, depending on the specifics of the case.
Challenges in Securing an Immigration Bond
Obtaining an immigration bond can present various challenges:
- Language and Cultural Barriers: Detainees may struggle to understand legal terms or navigate the bond process due to language differences.
- Proof of Community Ties: Immigration courts often require substantial evidence to show that a detainee is not a flight risk. This could include documentation of family ties, employment, or property ownership in the U.S.
- Co-Signer Requirements: A co-signer (often a family member or friend) must demonstrate financial ability to cover the bond and ensure the detainee adheres to court orders.
- Non-Refundable Fees: If a bondsman is used, a percentage of the bond (usually 10-15%, or 12% in Louisiana) is non-refundable, even if the case is resolved favorably.
Special Considerations for Undocumented Immigrants
Undocumented immigrants face additional obstacles in securing a bond. ICE may deny bond eligibility to individuals with prior removal orders, criminal convictions, or other factors. Additionally, certain individuals classified as “mandatory detainees” — such as those with serious criminal histories — may not qualify for a bond.
How to Secure an Immigration Bond
The process begins by determining bond eligibility. If ICE denies bond, the detainee or their attorney can request a bond hearing before an immigration judge. At this hearing, the detainee must demonstrate that they are not a flight risk and do not pose a danger to the community.
Once a bond amount is set, payment can be made directly to ICE’s Enforcement and Removal Operations (ERO) office or through a licensed bond agency specializing in immigration cases. In Louisiana, for example, individuals can contact the ICE New Orleans Field Office located in New Orleans (1250 Poydras Street, Suite 325). (And here’s the ICE guide to posting an immigration bond.).
The Importance of Legal Representation
Immigration law is complex, and having an experienced immigration attorney is essential. An attorney can help navigate bond hearings, ensure compliance with court orders, and advocate for the detainee’s legal interests during their release on bond.
Conclusion
Bail bonds play a crucial role in immigration cases, enabling detainees to secure their release while awaiting the resolution of their legal issues. Understanding the unique aspects of immigration bonds, including their higher costs and specific requirements, is vital for navigating the process effectively.
If you or a loved one is facing immigration-related detention, consulting both an immigration attorney and a reliable bail bond provider is a crucial first step in addressing the situation.
Frequently Asked Questions About Immigration Bonds
What is an immigration bail bond?
An immigration bond is a financial guarantee paid to DHS, ensuring that a detainee will attend all court hearings and ICE check-ins if released.
How much does an immigration bond cost?
The minimum bond amount is typically $1,500, but it can go up to $25,000 or more, depending on the individual’s situation.
How can I recover my immigration bond money?
To recover the bond, you must submit Form I-391 and the original bond receipt (Form I-305) to the Debt Management Center. Include Form I-352 if applicable.
How long does an immigration bond last?
An immigration bond remains in effect until ICE issues a Notice of Bond Cancellation (Form I-391). It can also be canceled if the detainee complies with all terms, is re-detained, departs the U.S., or passes away.
Who is not eligible for an immigration bond?
Individuals deemed a flight risk or a danger to the community, or those with past criminal convictions or deportation orders, may not qualify for a bond.
Who qualifies for an immigration bond in Louisiana?
Green card holders and undocumented individuals in Louisiana are typically eligible, except for those with serious criminal convictions or cases involving terrorism or controlled substances.
What is a voluntary departure bond?
A voluntary departure bond allows an immigrant to leave the U.S. voluntarily within a specified timeframe. The bond is refunded once the immigrant proves departure.
Can someone re-enter the U.S. after voluntary departure?
It is possible to re-enter the U.S. legally after voluntary departure, often by securing a valid non-immigrant visa.
About Bail Bonds St. Tammany
Bail Bonds St. Tammany is a local bonding company. With several locations throughout the state of Louisiana, we service St. Tammany Parish Jail in Covington, Livingston Parish Jail in Livingston, Jefferson Parish Jail in Gretna, Tangipahoa Parish Jail in Amite, St. John Parish Jail in Laplace, and many more.
For more than 20 years in the industry, Bail Bonds St. Tammany has been providing both families and individuals with expedient and efficient bail service. We are reliable at any time, day or night. We are always here for our clients and we treat people who require bail as people, not criminals. There is no way of knowing the circumstances behind what has happened to an accused, and we firmly believe in “innocent until proven guilty.” This respectful approach to our clients is part of what makes Bail Bonds St. Tammany better than the competition.
We process all bond payments securely, and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want loved ones to stay in custody longer than necessary. Our bail bondsman will make the entire process of obtaining bail simple and painless. Let industry knowledge work for you.
We offer payment plans, too. For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.
