Can I Bond Out of Immigration Detention?
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Can I Bond Out of Immigration Detention?
So, you or someone you know has been detained by Immigration and Customs Enforcement (ICE). It’s a stressful situation, no doubt. But, take a deep breath. There may be a way to get released from custody while your immigration case moves forward – through an immigration bond.An immigration bond is essentially bail money paid to ICE to secure your release from detention. If the immigration judge grants you a bond, you or your loved ones can pay the bond amount. Then, you’re free to go home and prepare for your court hearings.Sounds simple enough, right? Well, not so fast. The immigration bond process has many nuances and potential pitfalls. But don‘t worry, we’ll walk through everything step-by-step.
Who Qualifies for an Immigration Bond?
Not everyone in immigration detention automatically qualifies for a bond. There are certain criteria you must meet:
- You cannot have a conviction for a particularly serious crime like aggravated felonies, drug trafficking, terrorism, etc. These make you subject to mandatory detention with no bond possibility.
- You must prove you are not a flight risk and will attend all immigration court hearings if released on bond.
- You must prove you are not a danger to the community.
If you meet those requirements, the immigration judge has discretion to grant you a bond amount after considering factors like:
- Your immigration history and status
- Family and community ties
- Employment history
- Criminal record (if any)
- Whether you entered legally or illegally
The judge weighs all the evidence to determine if you merit release on bond while awaiting your case’s resolution.
How Much Is an Immigration Bond?
Ah, the million dollar question – how much will this bond cost? Unfortunately, there’s no set amount. Bond amounts are determined case-by-case.That said, immigration bonds typically range from $1,500 up to $25,000 or more for more complicated cases. The median bond amount in 2018 was around $8,000.The judge sets the bond amount based on factors like:
- Your ability to pay (income, assets, etc.)
- Immigration violation details
- Criminal history
- Potential public safety risks
Higher bonds are set for individuals deemed higher flight risks or safety threats. But the judge must set a reasonable bond amount you can realistically afford.
Paying the Immigration Bond
So, the judge granted you a bond – great! Now you have to actually pay it. You have a few options:Cash Bond
The simplest way is to pay the full bond amount upfront in cash, cashier’s check or money order to ICE. Once paid, you’re released with instructions on your next court date.Surety Bond
Can’t afford the full bond? You can get a surety bond from a private bondsman company. For this, you pay a non-refundable fee, usually 15-20% of the bond amount.For example, if your bond is $10,000, you‘d pay the bondsman $1,500-$2,000 as their fee. The bondsman then guarantees the remaining $8,000-$8,500 to ICE.Property Bond
If you own a home, car or other property, you can use that as collateral to secure your release. The property‘s equity value must match or exceed the bond amount.Combined Bonds
Need more flexibility? You can combine bond types, paying part in cash/surety and part with property.No matter which option, the bond amount is held by ICE until your case concludes. If you attend all hearings, the bond money is returned minus any bondsman fees. But if you miss a court date, the bond is forfeited.
The Immigration Bond Hearing
Okay, so you’ve been arrested by ICE and taken to a detention center. What‘s the process for requesting a bond?First, ICE will make an initial custody determination within a few days of your arrest. They‘ll decide if you qualify for release on your own recognizance, parole, or bond.If they deny release, or set a bond you can’t afford, you can request a bond hearing before an immigration judge. This is your chance to plead your case for a reasonable bond.At the bond hearing, be prepared to present evidence showing:
- You have a stable job, home, financial resources
- You have strong family and community ties
- You’ve lived in the U.S. for a long time
- You have a solid legal defense against deportation
- You have a clean criminal record
- You’re not a flight risk or danger
Having an experienced immigration attorney represent you is crucial. They know how to compile and present the most compelling evidence for bond.The judge will consider all the factors and decide if you qualify for release on bond, and if so, set the bond amount.
After Paying the Bond
Once the bond is paid, you’re released from custody with instructions on your next court hearing date and any other conditions like travel restrictions.It’s critical you then follow all the rules exactly – attend every court date, check in with ICE as required, don’t get arrested, etc. Violating any conditions means your bond could be revoked and you’d be detained again.Your immigration case will proceed through the court system. If at the end you win your case and are allowed to remain in the U.S., your bond money is refunded in full (minus bondsman fees if you used one).But if you lose your case and are ordered deported, the bond amount is kept by ICE to help cover costs of your removal from the U.S.
When a Bond Isn’t an Option
In some cases, you may not be eligible for a bond at all due to your criminal history or other factors. This is called mandatory detention.If you’re subject to mandatory detention, the judge cannot grant you a bond no matter what evidence you present. Your only option is to remain in custody for the duration of your case.However, there are some exceptions where you can request a bond re-determination from the judge if:
- Your detention has become unreasonably prolonged (over 6 months in many cases)
- Your circumstances have changed significantly since your last review
- New evidence has emerged showing you are not actually subject to mandatory detention
An immigration lawyer can review your case and advise if any of these exceptions apply to potentially get you released on bond.