Immigration Bond: for release from Jail or Detention
In many ways, an Immigration Bond is similar to a "Bail Bond". An Immigration Bond will secure the release of an undocumented alien from immigration custody with the guarantee that the conditions of the Immigration Bond are met. The United States Department of Homeland Security (aka DHS), through the Immigration and Customs Enforcement (ICE), are the federal agencies that are responsible for detention and enforcement of immigration-related issues.
Usually, if an alien is brought into immigration custody, they will be eligible for an Immigration Bond provided that they: A) not a "flight risk"; B) not a danger to the community; C) not charged with a serious crime; D) don't have an existing deportation order. In some circumstances, the detainee will need to request a "bond hearing" whereby a Magistrate will determine eligibility for a bond.
Before calling our company, it is helpful if you can obtain: 1) Full legal name of the detainee; 2) Alien number; 3) Location of jail/detention facility (City and State); 4) Bond Amount; 5) Date of Birth of the detainee.
How can I obtain an Immigration Bond?
Provided that a detainee has been granted bond, there are two different ways to get them released from immigration detention/jail;
1) Immigration Surety Bond – You can purchase an Immigration Surety Bond from our company by paying our company a percentage of the total bond amount. For example, if the Immigration Bond is set at $10,000, you can pay our company a fee (usually 15%) and our company will "post" the bond at the ICE /DHS office. Once the bond is "posted," the detainee will be released with a future promise to appear in immigration court. Note that our company will require you to pledge collateral (see below) to ensure that the detainee fulfills the bond requirements.
2) Cash or Cashier’s check – If you have sufficient liquid assets, you can pay the full amount of the bond directly to ICE / DHS. After the bonded alien has performed ALL the bond’s requirements, the collateral will be refunded.
What is the cost of an Immigration Surety Bond?
If you choose to purchase an Immigration Bond from our company; you will pay us a percentage of the total bond amount (usually 15%).
Do I need collateral for an Immigration Surety Bond?
Yes. Immigration Surety Bonds must be fully collateralized. We generally only accept four types of collateral:
- Real property (such as a home or land). The property can be located anywhere in the United States. Also, the property must have equity that is greater than the amount of the bond.
- Credit Card - Our company can use your credit cards as collateral. We can obtain approval from your credit card company for the amount you wish to pledge as collateral. Your credit card company will place a "hold" on these funds. The good news for you is that these particular funds will NOT be on your monthly credit card statement and will NOT have an interest charge. Sometimes many different family members/friends will use different credit cards to obtain the full collateral amount.
- Cash - We accept cash, securities, and other marketable liquid assets as collateral. We will place these assets in a collateral account (similar to an escrow account) until the bond is exonerated (finished).
- Letter of Credit from a Bank - In essence, an accredited financial institution is vouching for you.
Note: We do NOT accept automobiles as collateral.
The four main types of Immigration Bonds:
- 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?