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Understanding Immigration Bail Bonds U.S. Immigration and Customs Enforcement (ICE) is the government organization in charge of arresting and detaining foreigners. ICE has the clout to release the individual based on personal recognizance, in which case you don’t need to pay for a bond. But when either ICE or an immigration judge assigns a bond amount, it’s time to survey your options. Immigration Bond Types There exist two types of immigration bonds for illegal aliens who are in ICE custody (as long as the foreigner is not deemed to be a threat to public safety or national security).
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Delivery bond – An illegal immigrant who is detained by ICE might be eligible for a delivery bond on the assessment of ICE or an immigration judge. The detainee has to receive an arrest warrant, along with a notice of custody conditions from ICE to be set free on a delivery bond. The intent of the delivery bond is to guarantee that the detainee will show up in all immigration hearings. It lets the person spend time with family and consult with an immigration attorney before a court hearing.
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Voluntary departure bond – In particular cases, detainees are provided the option to depart from the country at their own expense within an indicated time frame. The departure bond–if paid in the full amount to ICE–is refundable when the person has already left the country, but it will be forfeited in an opposite scenario. Cost of an Immigration Bond Either ICE or an immigration judge sets the bond amount, and it can increase or decrease based on a range of factors, from the person’s immigration status to his criminal history to his employment situation and more. The higher the risk of flight, the greater the bond amount. The common minimum amount for a delivery bond is $1,500, and this can go as high as $10,000 or more, depending on a review of the person’s risk factors. As to departure bonds, the least amount is about $500. One crucial thing to keep in mind is that it may take a year or even longer for the government to return the bond money to the foreign national who posted it. How to Get an Immigration Bond There are two ways of securing an immigration bond: Surety bond- The detainee’s family or friends can locate an immigration bondsman who can provide a surety bond. The agent will usually get 15-20% of the full bond amount, and the money or collateral furnished is non-refundable. Cash bond – The foreign citizen’s friends or family can pay the entire bond amount directly to ICE, and such money will be returned as soon as the detainee has shown up at all obligatory hearings in immigration court. The cash bond may be paid by money order, U.S. bonds or notes, Cashier’s check, or simply by cash.