Skip to content

Everything You Need to Know About Immigration Bail Bonds

U.S. Immigration and Customs Enforcement (ICE) arrests over 100,000 people every year.

Illegal immigrants and green card holders detained by ICE must post bail in order to get released. This may require an immigration bail bond.

Similarities between immigration bonds and criminal bonds exist. But there are many differences as well. For starters, immigration bonds require payment in money order or cashier’s check.

Want to find out more? Keep reading to learn the ins and outs of immigration bail bonds.

Who Is Eligible?

It’s important to note that not every person detained by ICE is eligible for immigration bail bonds. In most cases, the detainee must meet the following requirements for eligibility:

  • No major convictions
  • Not a danger to the local community
  • Not a flight risk
  • No previous orders for deportation
  • Not a threat to national security

If a detainee gets denied bond, they can ask for a Joseph Hearing to plead their case in front of an immigration judge.

Types of Immigration Bail Bonds

Traditional bail bonds include cash bonds, personal bonds, property bonds, and surety bonds. But you have different options when it comes to immigration bonds.

Let’s look at the two primary types of immigration bail bonds.

Delivery Bonds

When people talk about immigration bonds, this is what they usually mean.

A bond payment enables detainees to go free. But they must attend all their scheduled court hearings.

Voluntary Departure Bonds

Unlike delivery bonds, voluntary departure bonds involve an agreement to leave the country. Once the immigrant leaves within a designated time period, they receive the bond amount back. They’re also free to return legally in the future.

If the immigrant guarantees to leave and won’t follow up on their promise, they face other legal penalties. In addition, they won’t get back the bond amount.

How Much Do They Cost?

Bound amounts are set by ICE or immigration judges. The minimum amount is $1,500, but there’s no upper limit.

Typically, the higher the odds that the detainee will flee, the higher the bond amount. Other factors such as employment status and criminal record as may come into play as well.

How to Pay It

Any citizen or permanent resident can pay the bond. However, they must notify ICE before doing so and then prove their legal status.

Unlike criminal bonds, you cannot pay immigration bonds with personal checks or cash. Instead, the obligor usually gets a cashier’s check made out to the Department of Homeland Security (DHS). In some cases, they may enlist the services of a bail bondsman.

About an hour after the bond gets paid off, the detention facility will release the detainee.

Final Thoughts

Many people have no idea there’s such a thing as bail bonds for immigrants detained by ICE.

However, anyone who wants to sell federal immigration bonds must be properly licensed. Bail bondsman looking to enter this market should also prepare to deal with a language barrier.

Are you interested in starting a career as a bail bond agent? If so, apply today!