As a non-citizen or someone who knows a non-citizen, you’re well aware of the financial struggle for those in legal custody of Immigration and Customs Enforcement (ICE).
There are a few options for those attempting to leave ICE’s custody before they return to their country of origin, but before you can look into these, you need to know how to make bail for immigration and if you even qualify.
Read on to about the different types of immigration bail bonds, who qualifies for them, and how to pay an immigration bail bond.
Types of Immigration Bail Bonds
There are a few types of bail bonds. These are dependent on the detainee and his or her determined level of threat to public safety by ICE.
Delivery Bond
A delivery bond is for a detainee and is determined by ICE or an immigration judge. The individual has to have received an arrest warrant and a notice of custody conditions from ICE to then be released on the delivery bond.
This type of immigration bail bond is to make sure the detainee appears at all of his or her immigration hearings. It lets the person spend time with family and consult his or her, immigration lawyer.
Fortunately, delivery bonds are the most common type of immigration bail bond. It shows that the non-citizen is guaranteeing him or herself cooperating with federal and local law. The bondsman is responsible, too, but the detainee is responsible for following any and all deportation orders.
Voluntary Departure Bond
The voluntary departure bond assures the government and ICE that the arrested immigrant will leave the United States and return to his or her country of origin.
The individual who agrees to a voluntary departure bond chooses of his or her own will to commit to leaving the country, with conditions specified in a court order. Legal consequences follow if the person breaks his or her commitment for the departure bond.
A time frame for departure from the United States is set by ICE and the judge. If the immigrant leaves before his or her agreed-upon deadline of departure, it’s even possible to get a refund on a fully paid bond.
The voluntary departure bond is better for any immigrant than a delivery bond because if someone’s been detained, they may be barred from re-entering the United States for up to 10 years. If he or she has family here, that’s a very long time.
Public Safety Bond
A public safety bond is to make sure the non-citizen doesn’t become a public charge. It’s designed to repay the government if an immigrant accepts any public assistance.
Order of Supervision Bond
A supervision bond is designed to ensure full performance. The immigrant is expected to fully perform all conditions of the order of supervision, and then he or she submits to removal from the country.
Qualifying for Immigration Bail Bonds
In order to qualify for an immigration bail bond, the detained immigrant can’t have any prior convictions or serious crimes. These serious crimes, or aggravated felonies, include:
- Drug trafficking
- Possession of drugs, with intent to sell or deliver
- Manufacture or sales of drugs
- Firearm trafficking, or related offenses
- Rape
- Sexual abuse of a minor
- Possession of child pornography
- Murder or attempted murder
- Felony smuggling of non-citizens (not one’s husband, wife, child or parent)
- Fraud or income tax evasion
- Money laundering
These are only some of the aggravated felonies which might get in the way of someone qualifying for an immigration bail bond. Other common ways include theft, burglary, violent crime, documentation fraud, and obstruction of justice.
These, and other types of aggravated felonies not listed, come with their own conditions, so the best thing to do is seek clarity in a hearing with an immigration judge.
The best way to appeal any minor or major crimes, as well as deal with ICE when no bond is set, is to seek out an immigration attorney. The attorney will work with ICE to set a bail amount, as long as the detained non-citizen doesn’t endanger public safety and isn’t a flight risk.
Ineligibility
An immigrant doesn’t qualify for an immigration bail bond if he or she came to the United States illegally and didn’t try to get a green card or to become a citizen.
Someone who was detained by immigration authorities while crossing the border will not qualify for a bond either.
How To Pay an Immigration Bail Bond
Now that you’ve determined whether you or someone you know qualifies for an immigration bail bond, you need to know how to pay it. There are a few ways to do this.
Surety Bond
The detained person’s friends or family can work with an immigration bond agent, such as US Immigration Bonds & Insurance Services, for a surety bond. The agent will charge 15-20% of the bonded amount. This goes to the bond agency and is non-refundable.
Cash Bond
Friends or family can also pay the full bond directly to ICE and the money is refunded when the detained immigrant is finished attending all immigration court hearings. Cash bonds can be paid by cash, money order, cashier’s check, and US bonds or notes. If the bonded amount is $10,000 or higher, the only method available is a cashier or certified check.
Paying for Immigration Bail
Paying a bond for immigration isn’t easy. It can be easier when you find a good bond agency, but that’s when immigration offices and bond agencies are running normally.
If you have to deal with any circumstances beyond your control that have closed down the offices and services you need, don’t worry. If you’re wondering how to pay immigration bond when immigration offices are closed, contact a bond agency that will work with you digitally, like US Immigration Bonds.
Your Options for Immigration Bail
Now that you’ve determined whether you or someone you know qualifies for immigration bail, you can start the process. The sooner you learn your options, the better. Immigration bail is a lengthy process and not something to put off. Be sure to check out our other posts for other helpful information on immigration bail bonds.
