A Complete Guide To Immigration Bail Bonds – Everything You Need To Know
As a Dallas county professional bail bondsman, Southern Bail Bonds handles all types of clients. In many cases, we handle clients who are citizens, and some who are immigrants. Because of this, Southern Bail Bonds is aware of the differences between immigration bail bonds and normal bail bonds. In this article, you will find everything that there is to know about immigration bail bonds.
About Immigration Bail Bonds
The US law and constitution is quite strict on immigration issues. On the off chance that the citizenship status slips or there is an issue with your legal limits or rights to remain in the US, you or your loved one may run the risk of being arrested on an immigration detainer. The Immigration and Customs Enforcement (ICE) branch of Department of Homeland Security can detain you and put you in custody. In this situation, you can apply for an immigration bail bond.
Can An Illegal Alian Apply For An Immigration Bail Bond?
An illegal immigrant is qualified for an immigration bond in the event that he or she has been arrested by the U.S. Citizenship and Immigration Service (USCIS). Immigration bonds are like other bail bonds as they too guarantee the presence of an individual accused of a legal violation in court. The amount of a bond must be sufficient to guarantee that the defendant will show up for all further immigration procedures. The person being detained would be considered for immigration bail bonds if they are qualified. The detainee must demonstrate that such a discharge would not represent a peril to property or people, and that he or she is going to show up for any future procedures to the satisfaction of the immigration courts..
Southern Bail Bonds can post the immigration bond quickly after ICE determines that the person is qualified and provides a bond amount. Notwithstanding, an immigration bond can likewise be posted through a private organization rather than the INS. The name and registration number, or Alien Number, of the detainee and the name of the facility where the detainee is being held will be required. These essential requirements are similar other types of bail bonds, including the yearly premium payment paid to the bail agent.
Immigration bonds require a casualty license instead of the usual county issued license, and are not regulated by county bail bond boards. Additionally, in the event the detainee does not show up in the court when scheduled, the bonds posted will be subjected to immediate forfeiture. Which is why it’s important for the bondsman, detainee and the detainee’s family to stay in close contact. This helps to ensure the person being released on an immigration bond is kept aware of their required hearing dates. The procedures in collecting the collateral differ in immigration cases.
It is important to note that posting immigration bail bonds won’t guarantee that an individual won’t be deported from the country. It just guarantees that the arrested people can unreservedly meet with their attorneys and take other steps important to correct their situations with the U.S. Citizenship and Immigration Service.
Immigration bail bonds have particular standards and requirements that differ from other county or state bonds. An attorney who knows about and specializes in immigration issues can help you to understand the specifics of the immigration process. And Southern Bail Bonds can provide information on how the bail bond process works in relation to posting immigration bonds in Texas or any other state.
Immigration Bail Bonds Nuts & Bolts
The immigration bond is a legal option to discharge a person in custody for immigration detention. Typically, insurance agents that are specifically licensed to handle immigration bonds are needed in these situations. You have to understand that obtaining bail does not equate to withdrawal of the charges. You will still need to continue any efforts underway to gain legal status or to obtain citizenship status in the USA. The bond allows you to leave the jail with a few conditions while the case is processing. After getting discharged on bond, you need to show up for all court hearings and report to the immigration officials when required. Southern Bail Bonds strongly suggest all detainees hire legal representation to assist in their case.
An Immigration bond is a government bond, versus that of the state, for which you might be in charge of posting when you have been detained and arrested by the bureau of Immigration and Customs Enforcement. This is a lot different than being arrested by your city or other local authorities. The main difference is that immigration bonds are at the federal/government level where other bonds are mostly at the state, county or city level.
Southern Bail Bonds specializes in immigration bonds and we are familiar with working with ICE to get bonds processed quickly the first time. The bond is used as a guarantee to the courts that the individual who has been arrested and detained will appear for all planned court procedures after they are released from ICE custody.
The Immigration Bail Bonds Process Is Different
Be that as it may, in some ways, the immigration bond process can be quite different from the normal bonds you may be accustomed to hearing about. On the off chance that a cash bond is being posted, the individual posting the bond will need to go directly to the nearest Bureau of Immigration and Customs Enforcement facility instead of the nearby county or city jail. This ICE facility may or may not be conveniently located in your local town. Not all bail bondsmen are licensed to post immigration bonds, so be sure you are working with a reputable bondsman.
Communication Issues Between The Bondsman And The Family
Communication issues are not a problem. We have bilingual agents ready to provide assistant to you or your family to help you throughout the bonding process. If you’re trying to locate your loved one and aren’t sure what facility they are being held at, we can also help with the location process. If you have questions about how the immigration process works, we can help you get the answers you need.
Eligibility for Immigration Bail bonds
Not every detainee held on immigration charges will qualify for an immigration bond. Each person being held will have a hearing where a judge will look at their particular case and make a determination based on that individuals particular situation. There may be detainees who have a background history that may not allow a bond to be made. There are a few conditions which prohibit issuance of immigration bail bonds to an applicant.
• If you currently have a standing deportation order, you may need to seek the help of an experienced immigration lawyer before you can get an immigration bond.
• If you have certain past criminal charges it may be difficult to get an immigration bond without an attorney.
• Persons who are considered a threat to the community or national security can be denied discharge through bonds after their arrest.
Two Types of Immigration Bonds
A Delivery bond can be issued for a defendant who is charged with being in the U.S. illegally by ICE. It is issued on the condition the individual will appear at all immigration hearings. To apply for it, you have to have notice of custody conditions and an arrest warrant.
The Voluntary departure bond enables the detainee to leave the country by a specified time at their own expense. If the defendant leaves the country by the stated time, the Voluntary departure bond is refundable after departure. However, the bond money will be forfeited if the defendant fails to leave by the allowed time. So, when using voluntary departure bonds, it is imperative for the defendant to abide by the departure deadlines in order to receive the refund, and not have a record of non-compliance if they will be seeking legal re-entry at a later date.
Cost of Immigration Bail Bonds
The amount is set either by an immigration judge or the ICE. Factors like immigration status of the detainee, his or her criminal history, employment status can result in either raising or lowering the bond amount. Many factors are taken into consideration, including the U.S. family ties of the immigrant. In the event that the judge thinks discharging the defendant on bail would be hazardous to the community, the amount may be raised or there may be no bond allowed at all. Bonds can start as low as $500 and can go as high as $50,000 or more.
When You May Need a Bail Bond Agent
At whatever point there are questions in regards to you or a friend or family member or relative’s legal U.S. residency, it is of utmost importance to acquire the best legal help in your general vicinity. These matters are not to be taken lightly, and the procedure itself may be intimidating, particularly if you’ve never had to deal with this experience before. Immigration issues include two government offices: the U.S. Immigration and Customs Enforcement Agency (ICE) and the Department of Homeland Security. These departments can have complex standards and regulations, and it is best to enlist legal representation to guarantee you understand them all.
Count on the Best When it Counts
If you get yourself or a friend or family member in a government immigration detention center, it is significant to count on the best bail bond agents to have you discharged in a timely and efficient way. The experts on your side will assist you when an immigration bail bond is set. These immigration bail bonds are offered out to guarantee the defendant in question will attend every single planned hearing with respect to their deportation status. An experienced immigration attorney in your area will have the expertise and information to answer your legal questions and help you maneuver the intricacies of the immigration and citizenship process. They will also be in a position to inform the defendant and the defendants family of their legal rights and help to protect those rights.
Don’t Go It Alone
With regards to residency related issues, you’ll need a trusted, experienced attorney that will work tirelessly on your behalf. Residency procedures can be extremely complicated, and it is important to utilize expert counsel at every point while you are managing this situation. A good lawyer can put your mind at ease when you are in a situation as stressful as dealing with immigration and residency. You need a lawyer on your side that has a familiarity with everything related to the immigration bail bond process to best clarify your options and give you a game-plan today.
Part of Immigration Bond Agents
When you get arrested for immigration issues in the USA, services of professional bond agents can be helpful. They can enable you to obtain such bonds in the most efficient and time-sensitive way and educate you about legal subtleties. In any case, you may want to work with an agent who can answer all our immigration bond questions and one who will help you navigate the bond posting process.
The central government sets forth regulations on a few aspects of bail, for example, the nature of wrongdoings that are not qualified for getting bail. A few cases of wrongdoings that are not qualified for accepting bail are capital violations and treason. The state has legislation set forth too determining the base and most extreme amount that can be set by the judge for particular types of wrongdoings. A judge will then utilize their discretion on the bail amount contingent upon the nature of the wrongdoing, the defendant’s earlier criminal history, and the flight danger of the defendant. There are times the most extreme bail amounts will be set to try to deter the defendant from securing their discharge pending the outcome of the trial.
Once a person is detained, depending on if there are other county charges, they may be sent to the local county jail before being sent to an ICE facility. If they are in the Dallas area, one such local facility is the Dallas County jail. Anyone searching for a loved one can start their search at that county facility or police headquarters where the bail procedure may start. The booking procedure incorporates positive identification of the defendant, typically utilizing fingerprints, documenting the inventory of any personal items found on the defendant, and checking into the criminal history including warrants and pseudonyms that might have an affect on the defendant’s current or future status. In many instances minor infractions won’t stop a defendant from having a bond set at either the county level or and the federal (ICE) level. In cases where more serious crimes have been previously committed, the defendant may require the assistance of an attorney in order to get bonds set, and depending on the nature of the charges, a bond may not be allowed at all. Depending on the timing, if defendants are being held at an ICE facility, they may have to wait up to 48 hours or longer for their hearing. Most ICE detention facilities close at either 2:00 or 3:00 pm so if a defendant is brought in near closing time on a Friday, they may have to wait until Monday morning before they are brought before a judge for a bond hearing. Additionally, if a defendant gets detained at a county facility on a Friday afternoon or evening, they will have to wait until Monday morning to be transported to the ICE facility.
In the United States, a bail bonds agent works together with the defendant and the defendant’s family to arrange an agreement to fund the bail amount set forth by a judge. On the off chance that the defendant neglects to show up in court a warrant is issued for their arrest. This is the reason all immigration bonds have to be fully collateralized. If the defendant forfeits the bond the family will be responsible for covering the full cost of the bond. A forfeiture also means the bond amount will not be refunded as it would be if the defendant complies with all court requests.
If you or a loved one has been caught up in an arrest, start by contacting a trusted immigration bail bonds expert. The knowledgable agents at Southern Bail Bonds will do everything possible to help get your family back up together as quickly as possible regardless of which ICE facility they are being detained in. Get stated by learning more about us and contacting us so we can help you to get your life back on track. Having a loved one detained is stressful. Let us help you get the answers you need. You can view our FAQ and our services page to understand a little more about what we do as Dallas Texas’s premier bail bonds agent.