What To Do When One Is In Trouble And Requires An Immigration Bond
The views expressed on this page are those of individual authors and may not reflect the views of the U.S. government. The information contained herein should be used for information purposes only.
When an illegal immigration, or non-legal resident, of the United States is arrested for a crime, charges for an offense will ensue. The charged illegal immigrant may be released on bond. In this case, the non-legal residents will require a specific type of bond called an immigration bond.
Two Types of Immigration Bonds
An immigration bond may need to be posted when an illegal immigrant becomes detained by the Bureau of Immigration and Customs Enforcement, which is a branch of USCIS. There exist two kinds of immigration bonds. First, there is a delivery bond. With a delivery bond, the detainee must be issued a Notice of Custody Conditions and Warrant of Arrest. A bond, in other words, acts similar to an insurance, which guarantees the detained individual will be present for the future court date. The judge would determine the amount of the bond in accordance to the severity of the crime. When the bond is posted, the detained individual will be released temporarily. Upon the release, the individual can meet with immigration counsels and explore possible options that will allow him or her to stay in the United States. Once the individual returns to appear in court, the bond amount is released. However, if the individual fails to return for the court date, the bond money is forfeited. If this situation occurs, the individual will be in enormous legal entanglement. The other type of immigration bond is the voluntary departure bond. This is a situation where the immigration judge grants the detainee voluntary departure. In this scenario, the individual would consent to leave the country at his or her own costs within a specified time frame. The voluntary bond may be posted before or after removing proceedings take place. The purpose of the voluntary bond is to serve as insurance that the individual departs the United States within the allotted time. If the individual fails to comply, the voluntary departure bond will be also forfeited. Similarly, the individual would encounter enormous legal trouble.
What to do With the High Cost of Immigration Bonds
For immigration bonds, the amount of money will go to the USCIS because unlike other bonds, it is a federal bond. In traditional bonds, the sum would go to the local jail or local court. In most situations, the illegal immigrant case will be estimated as "high flight risk." This entails the estimated bond amount will be considerably higher. Since most illegal immigrants have connections and family members outside of the United States, they have a high chance of fleeing upon release. When the bond is an exorbitant amount, those who cannot afford it will need a bondsman from a bail bond agency, which is a private company that assists people to pay their bond. For instance, if one pays the bail bond company a small percentage of the total sun, such as 10 percent, the bondsman will cover the cost of the bond to the Immigration and Customs Enforcement. The bondsman becomes responsible in returning the former detainee to the court date. However, not every bail bond agency is credentialed. Before securing a bondsman, one must make sure that the company is licensed. Often, bondsmen charge more money to illegal immigrant cases because of the "high flight risk." Thus, it is helpful to obtain different quotes from different companies and choose the most reasonable price.