An immigration bond is a kind of surety bond that is used to guarantee the discharge of a person or people that are in the custody of Homeland Security and living illegally within the United States. An immigration bond is also similar to a bail bond. There are phases that one must take in order to secure an immigration bond. You must meet certain criteria as well. For instance, if you have committed a crime or have been convicted of a crime, you may be ineligible. You also cannot apply at the port of entry; meaning you just can’t arrive and expect to get a bond. The best thing one can do is get an immigration attorney. It’s in your best interest to protect yourself because you do have rights. This useful resource is a step by step to securing an immigration bond in the US in 2019.
- Know your rights
- Find an immigration bails bondsman
- Use the immigration detainee tracker
- Is the detainee eligible
- How to pay for the bond
- Should you use collateral
KNOW YOUR RIGHTS
In cases like these, you should know your rights. You should request a lawyer before you sign any kind of paperwork because you may be signing away the right to see a lawyer or a judge. Make sure you write down all the information of the person who is assigned to your case. Make sure that you don’t sign a voluntary departure because if you do this, you may not ever be able to enter the US again.
Know what a stipulated order of removal is and make sure that you sign nothing before knowing. Know that you have a right to make a phone call as well as speak to your consulate. Speaking to a lawyer is the most important thing you can do. Unfortunately, one won’t be provided for you, you will have to find your own. Have your lawyer explain all of your options as the courts and the judge won’t do this for you. Fortunately, you have the right to ask to be discharged from custody if you’re able to pay the bond.
FIND AN IMMIGRATION BAIL BONDSMAN
There are many immigration bondsmen around. Do a search on immigration bonds and you should be able to find qualified local agents. Make sure to check their fees as well as to see if you need any type of collateral to deal with them. Search around a find a few different ones so that you can compare their fees. Remember, after a detainee has been freed, you can then check on how to get your money back.
USE THE IMMIGRATION DETAINEE TRACKER
The Immigration and Customs Enforcement Online Detainee Locator is a record that is available online and it offers information about where a person is being detained by ICE. There are different ways to search the database. If you have the detainee’s alien registration number, put it into the locator as well as the country in which they were born. You can also search by name and country of birth as well as their date of birth.
IS THE DETAINEE ELIGIBLE FOR BAIL
ICE will decide if the detainee is eligible for bail. They will often post a bail amount. However, they may also reject a bond. If that happens, then the case will go to a judge who will then grant the bond or not. If the detainee is not a danger to the community or a flight risk there should be no reason they should not get a bond.
HOW TO PAY FOR THE BOND
There are two types of bonds.
Delivery Bond – An illegal immigrant held by ICE may qualify for a delivery bond based on ICE or an immigration judge determination. In order to be released on a delivery bond, the detainee must receive an arrest warrant and a custody notice from ICE. The purpose of the delivery bond is to ensure that all immigration hearings are attended by the detainee. It allows the detainee the freedom to spend time with family and consult with an immigration attorney leading up to a court hearing.
Voluntary Departure Bond – In some cases, detainees are given the choice to leave the country voluntarily for a specified period of time at their own expense. The departure bond – if paid to ICE in full – is refundable once the person leaves the country, but will be surrendered if the person doesn’t leave.
Normally ICE or an immigration judge will set the total amount of the bond, and the amount will decrease or increase based on several reasons such as the immigration class of the person in the United States, criminal history, employment situation, and family ties.
The bond may be higher for those who pose a flight risk. A delivery bond is usually a minimum of $1,500 but it can potentially increase to $10,000 or more. This would depend on an assessment of the risk factors of the detainee.
$500 is the minimum amount for departure bonds. It’s important to remember that it can take the government a year or longer to return the bond money to the person who posted.
No collateral Bail Bond – For people who may have a warrant for their arrest and need to surrender, no collateral bail bonds are set up. A no collateral bail bond ensures that the person will have the chance to get out of jail much quicker than if the bail bond collateral is not used. A collateral bail bond is tremendously helpful to a person who can be put in a terrible situation in their life due to spending time in prison or being detained. Lots of people have been released from work because they were sent to prison or they were detained, which is one of the most important reasons for slowing the process down where they turned in people with warrants. For anyone who may not be in the best financial state, collateral for bail bonds is cheap and reasonable.
Whatever you do, just make sure that you have the proper representation.