Immigration Bond Questions

What is an immigration bond?

An immigration bond is an amount set by Immigration agents or an Immigration Judge that must be paid before a person is released from immigration detention. The bond helps guarantee that the person released from detention will show up for all of their Immigration Court hearings or report to Immigration if asked to do so and leave the United States if the Immigration Judge orders deportation at the end of the case. If the person bonded out fails to do these things, the bond money is forfeited to the government.

What's the difference between an Immigration Bond and a Bail Bond?

An Immigration Bond not only guarantees the detainee's appearance but also guarantees that the detainee will not become a burden on the state. In other words if a detainee on bond gets injured and is taken to the hospital, all costs incurred by the city, county or state can be passed on to the Surety company that issued the original bond. This is not true of a Bail Bond.
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Can anyone detained by Immigration get a bond?

Each case requires a separate determination. However, if the detainee already has a final order of deportation but did not leave the United States, they will not get a bond. If the detainee has certain criminal convictions, they also will usually not get a bond. If a detainee missed court hearings in the past, they also may not get a bond.
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Can a detainee get a bond if they have a criminal conviction?

Not usually. Most criminal convictions automatically prevent a detainee from getting a bond even if the convictions are very old. A detainee with a criminal conviction may be able to get a bond if an Immigration Judge specifically finds that they are not a danger to the community.
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Who determines whether a detainee should be released and under what conditions?

The local ICE office makes the initial custody and bond determination. As long as the detainee is not subject to mandatory detention due to criminal or terrorist grounds specified in INA § 236(c)(1), 8 U.S.C. § 1226(c)(1), the detainee may be released on bond or on their own recognizance. In order to be released, a detainee "must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding." The factors commonly considered in making the determination to release and/or set bond include; manner of entry and length of time in the United States, local family ties, immoral acts or participation in subversive activities, prior arrests, convictions, appearances at hearings, membership in community organizations and financial ability to post bond. If the ICE office determines that the detainee should not be released, or bond set; then the detainee may request a Bond Hearing before an Immigration Judge.
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What does an Immigration Agent or Judge consider in setting bond for a detainee?

1. Whether or not the detainee is a danger to the community. 2. Whether or not the detainee is a threat to national security.
and 3. Whether or not the detainee poses a flight risk.
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What proof does an Immigration Judge require before making these three findings?

An Immigration Judge will usually require letters or affidavits from family members with legal status, or from religious leaders or other community members describing where the detainee will live, the kind of person the detainee is, and whether they are likely to come to all required Immigration Court hearings. If a detainee has a medical problem, the judge will usually require a letter from a doctor. Witnesses can also testify in Immigration Court.
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