Immigration Bond
 When
an individual is detained by the Bureau of Immigration and Customs Enforcement
(ICE) it may be possible for an immigration bond to be posted. There are two
types of immigration bonds: the delivery bond and the voluntary departure bond.
Under the first type, an individual must be issued a Notice of Custody
Conditions and Warrant of Arrest. Not all individuals will have the delivery
bond made available to them. Basically a bond is “insurance” that the detainee
will show up for their future court date(s). Usually the USCIS or U.S.
Citizenship and Immigration Services judge will set the bond amount. Once the
bond has been posted the detainee is temporarily released. This gives them time
to meet with an immigration lawyer who could improve their chances of staying in
the United States. While meeting with an immigration lawyer is possible in a
detaining facility, it is less convenient and communication is more limited.
When the individual shows up for their court date the amount of the delivery
bond posted is returned. However, if the individual fails to show up for the
mandatory court date(s) then the delivery bond is forfeited. The money will not
be returned and the individual who was supposed to show up at court is in more
legal trouble. The second type of bond that may be available is the voluntary
departure bond. In this type of case the immigration judge grants voluntary
departure. This means that the individual has agreed to leave the country at
their own expense and within a specific period. The voluntary departure can be
granted before the removal proceedings even take place or before the proceedings
have been completed. A voluntary departure bond is posted as a “guarantee” that
the individual will leave the U.S. within the time agreed. If they fail to do
so, the voluntary departure bond is forfeited and more legal trouble is to come.
Bonds can be posted by an individual like a relative or friend of the detained.
The amount will vary as there is no flat rate for a bond. The bond must be made
in cash. Once the payment is received the detained will be released. They must
appear in court for their future appointment or whoever posted the bond will
lose their money. If they fulfill their obligation to show up for court then the
money is returned not to the detainee but to whoever posted the bond. The money
can possibly take a year or even longer to be returned so this makes it harder
to find someone who is willing to post the bond. There may be other requirements
that must be met by the individual posting the bond as well. In the cases where
the bond amount cannot be posted by a relative or friend, detainees have another
alternative. They can turn to someone who posts immigration bonds or an
immigration bondsman. However, using their services will likely result in a
higher fee. A co-signer will be required and possibly some type of collateral
may have to be put down. An immigration bondsman can be found in the telephone
directory such as the Yellow Pages or by doing an Internet search. They will
usually charge a non-refundable fee based on a certain percent of the bond
amount. It is important to do some research on the bondsman because they must
have a special license for immigration bonds. In addition the insurance company
they write for must be registered with the government. Calling the State’s
Division of Insurance in the state the bondsman does business may be another way
of finding out if they are qualified. Others may opt to turn to an immigration
attorney for references.
Many individuals have found themselves being rounded up by ICE officials
sometimes in the most unexpected places. Once they are detained this does not
translate into an automatic deportation. Usually the detained are to appear in
immigration court at a later date or later dates. The detained can plead their
case and the immigration judge will make the final decision. If the individual
is given the opportunity to post a delivery bond this should be taken advantage
of. The cost of the bond will vary on the individual’s case and may come at a
higher price if a bondsman provides this service. In the case that a bondsman is
needed, research should be done to make sure they are qualified. Like with
immigration lawyers their fees will differ so getting different quotes may save
the detainee some money. Being outside the detaining facility allows the
individual to be able to spend time with loved ones in the comfort of their home
and to work more closely with an immigration lawyer. A bond represents a
contract and if the individual detained does not honor this contract then there
are consequences. The amount of the bond paid is automatically forfeited but
that is not the worst part. If they had any chance of staying in the United
States before posting bond, it is highly likely that they have now convinced the
USCIS judge that they should be deported. A voluntary departure bond works
similar to a delivery bond but it is more definitive in the sense that the
individual is not fighting deportation and has agreed to depart the country.
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