Your loved one is in immigration detention, so how do you get them out when a trial is pending? It can be a challenge, but getting an immigration bond to release them from custody until their court appearance may be possible depending on their case. However, some cases are not eligible for release and are subject to mandatory detention. For example, an aggravated felony (an immigration term which may include misdemeanors) or misdemeanors such as armed robbery or distribution of controlled substances is not eligible for release from immigration detention if a loved one attempts to post bond. However, many crimes are not subject to mandatory detention, so bonds are possible, although they need to be analyzed case by case.
The U.S. Immigration and Customs Enforcement (ICE) is a government organization responsible for arresting and detaining foreign nationals. It is in their authority to release a person on their own recognizance, in which case, you won’t need to pay for a bond or they could set a bond. However, if ICE has denied bond or given a high bond, often people request a bond with an immigration judge under what is deemed a Motion for Bond Redetermination.
How Do I Request a Bond?
To request a bond redetermination, it is best to file a Motion for Bond Redetermination. It is also very useful to work with a competent immigration attorney for a bond motion because many factors go into analyzing bonds, such as whether the person is subject to mandatory detention, whether s/he is a flight risk, and if s/he is a threat to society and ability to pay for bond if granted. If you request it, you may have a formal bond hearing to discuss releasing your loved one from immigration detention.
The amount of the bond is determined either by ICE or an immigration judge, and it will be based on several factors, including the person’s immigration status, any criminal background, employment situation, and any family ties they have in the United States. If the detainee is determined to be a flight risk, the bond amount can be higher.
To pay for the bond, you may decide to use a surety bond (which is paid to a bond agent, not to our firm) at a percentage (could be 10-15%) of the total bond amount, and you offer a collateral in case you do not pay in time or at all). The other option is a cash bond, in which the full bond amount is paid directly to ICE, and it may be refunded later. These cash bonds are payable by cash, money order, cashier’s check, or U.S. bonds/notes.
Two Types of Immigration Bonds
Undocumented immigrants (also called “illegal aliens”) in ICE custody may be eligible for one of two different bond types:
- Delivery bond: the detainee can be released on a delivery bond, which ensures they will show up to all immigration hearings. It allows the detainee to leave immigration detention to spend time with family, as well as consult with an immigration lawyer leading up to their court hearing date. Usually, the minimum bond amount is $1,500, but maybe up to $10,000 depending on the assessment of the detainee’s risk factors.
- Voluntary departure bond: Certain detainees have the option to voluntarily leave the country at their own expense in a specific time period. This bond is paid in full to ICE and is refundable once the detainee has returned to their home country. If the person fails to leave by the specified date, they forfeit the bond money. These usually cost up to $500.
Trying to get your loved one out of immigration detention? The Modi Law Firm, PLLC may be able to help. Contact us today to speak to a skilled immigration lawyer at (832) 514-4030 or contact us online for a quick reply.