Immigration Bond: for release from Jail or Detention
The United States Department of Homeland Security (aka DHS) through the Immigration and Customs Enforcement (ICE), authorizes some surety bonds from non-citizens to secure compliance with immigration laws. An Immigration Bond may be “posted” as security for the “performance of stated obligations” by the alien to the federal government. The Immigration Bond will release the detainee from custody with the guarantee that the conditions of the bond are met.
Immigration Inmate Locator (click to locate someone in Immigration custody)
It should be noted that Immigration Surety Bonds can be incredibly complex. It is recommended that you contact our company so that we can explain the issues involved in your particular immigration situation.
Before calling our company, it is recommended that you obtain:
1) Full legal name of the detainee.
2) Alien number. The Alien number starts with an “A.”
3) Location of jail/detention facility (City and State).
4) Bond Amount.
How can I obtain an Immigration Bond?
There are two different ways to get somebody released from immigration detention/jail;
1) Cash or Cashier’s check – You can pay the full amount of the bond directly to Immigration & Customs Enforcement. You will receive that money back when the bonded alien has performed all of the bond’s requirements. For example, if the total Immigration Bond amount is set at $10,000, one can take the full amount ($10,000 cash or cashier’s check) to the immigration office to get the detainee released.
2) Surety Bond – This is what our company can provide to you. You can purchase an Immigration Bond by paying our company a percentage of the total bond amount. For example, if the Immigration Bond is set at $10,000, you can give our company a fee (usually 12%- 15%) and our company will “post” the Immigration Bond at the Immigration & Customs Enforcement office. Once the bond is “posted,” the detainee will be released.
What is the cost of Immigration Surety Bond?
ICE or a Magistrate determine the total bond amounts. Usually, the total bond amount is between $1,500 and $15,000. The full amount of the bond is determined by the risk of the bond. If you choose to purchase an Immigration Surety Bond from our company; you will pay a percentage of the total bond amount (usually 12-15% depending on the circumstances). Be aware that as long as the bond is active, it is renewable each year.
The four main types of immigration bonds are:
- Bond conditioned upon the delivery of an alien (aka Delivery Bond)
- Order of Supervision Bond (Supervision Bond)
- Bond conditioned upon the voluntary departure of an alien (aka Voluntary Departure Bond)
- Bond that the alien shall not become a public charge by receiving public assistance (aka Public Charge Bond)
In our experience, a delivery bond is the most common type of Immigration bond. In some cases, an alien detainee may be required to appear before an immigration official for an interview or hearing. Sometimes this process can occur over an extended period (often years). In most cases, the Department of Homeland Security will allow detained aliens to post a Delivery Bond to secure release from custody. The Delivery Bond guarantees to DHS that the alien will appear for all scheduled interviews or hearings. If the alien “fails to appear”, the surety is subject to forfeiture of the full amount of the Delivery Bond.
Based on the terms and conditions in Form I-352, the Delivery Bond can be exonerated (released from obligation) based on the occurrence of any of the following events.
- The death of the bonded alien.
- Voluntary departure from the country of the bonded alien with proof of departure.
- ICE is taking the bonded alien back into custody.
- Deportation of the bonded alien.
- Magistrate is granting permanent residence to the bonded alien.
- Notice of detention by local, state for federal authorities for more than 30 days.
Frequently, delays occur when a detained/jailed alien has been issued a final order of removal from the United States. Perhaps, the receiving country has decided that they don’t want to accept the detainee. During the waiting period, the detainee may gain temporary release from jail utilizing a Supervision Bond. The Supervision Bond guarantees to the Department of Homeland Security (DHS) that the alien will follow the precise instructions of the Supervision Bond contract. If the bonded alien breaches any portion of the agreement, the surety may be subject to a breach and may be required to pay the bond penalty.
Voluntary Departure Bond
It is required for aliens to provide a Voluntary Departure Bond when they arrive into the United States and apply for permission to enter the U.S. as non-immigrants. The purpose of the Voluntary Departure Bond is to provide assurances that the bonded alien will voluntarily depart from the U.S. before a specified date. It is common for Delivery Bonds (mentioned above) to be transferred to Voluntary Departure Bonds. The Voluntary Departure Bond is canceled when the surety provides proof that the bonded alien has departed the U.S. before the specified date. Also, the bond is canceled if the Federal Government detains/deports the bonded alien.
Public Charge Bond
The Public Charge Bond is utilized to ensure that an admitted alien does not accept public assistance (such as welfare monies or food stamps). The Public Charge Bond obligations remain in force until; 1) Permanent departure from the U.S. of the bonded alien; 2) Naturalization of the bonded alien; 3) Death of the bonded alien. If the bonded alien accepts any prohibited public assistance, the bond will be forfeited, and the surety will be required to pay the full face amount of the bond.
We welcome all questions regarding Immigration Bonds. Be aware that Immigration Bonds are risky for any surety company and we require collateral for all Immigration Bonds. Please call us directly at 800-333-7800. Would you like a FREE QUOTE?