Get an Immigration Bond. Release From ICE Detention Today!

rules for immigration into the USA. Immigration and Customs Enforcement

Southern Bail Bonds is authorized by the U.S. Department of the Treasury to provide immigration bonds in any state across the USA.

If your 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 and held on an immigration detainer. The US law and constitution is very strict on immigration issues. The Immigration and Customs Enforcement branch of the Department of Homeland Security can detain you and put you in custody. If this happens, you can apply for an immigration bail bond to stay out of jail.

Immigration bonds are a unique type of federal bond, specifically designed for non-citizens who are in the custody of the Immigration and Customs Enforcement. These bonds come into play when a non-US citizen is detained and identified as a potential flight risk. Instead of long detention, an immigration bond can be issued by a local bail bonds company that is licensed to write federal bonds such as Southern Bail Bonds, which allows that person to be released from ICE jail and guarantees that the individual will show up at the future immigration proceedings.

Same Day Release

Southern Bail Bonds is federally approved by the Department of Homeland Security (DHS) to provide immigration bail bonds. Our listing in Circular 570, issued by the Bureau of the Fiscal Service of the U.S. Department of the Treasury, ensures our compliance with federal standards, including those set by U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), for immigration bond services.

Usually, if the detainee is eligible, their bond will be assigned the same day they were detained. But there are times when immigration bail bonds won’t be assigned until a later date. Each case is different and will be decided on based on the individual detainee’s situation.

We can get immigration bonds in all 50 states. Our team is here for you 24/7.

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What are Immigration Bonds?

Immigration bonds function similar to other bail bonds – they serve as a financial guarantee to the government to ensure that an immigrant, detained by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE), will honor all legal obligations, including attending all court appearances.

Immigration bonds are different from criminal bail bonds. While the latter falls under the jurisdiction of state law, immigration bonds are a federal concern, governed by federal immigration laws.

ICE detains persons who are considered a “flight risk” or may be a threat to public safety, or whom they feel may be residing in the country illegally. Detention allows the government to make sure that the non-citizen appears before the Immigration Court.

Some reasons why ICE may detain a non-US citizen include:

  • Accused of a crime.
  • Failure to appear at past immigration hearings.
  • A pending or late removal order.
  • Seeking refugee status or asylum at the border without a visa.
  • Entering the U.S. without proper documentation.

The primary purpose of immigration bonds is to ensure that non-US citizen detainees, particularly those identified as potential flight risks, adhere to all court orders. If the individual complies with all legal requirements and court orders, the bond amount is refunded to the person or entity that posted the bond once the immigration proceedings finish. However, if the individual fails to appear in court, the bond is forfeited, and the individual may face severe legal consequences, including potential apprehension and deportation by ICE.

The Immigration Bond Process

the immigration bond process

Here is a breakdown of the entire process from reasons why you might get detained to the final outcome:

1. Reasons for Being Detained by ICE.

Here are some common reasons why ICE may detain you or a loved one:

  • Overstaying a visa.
  • Committing certain crimes or violations.
  • Failing an asylum request.
  • Entering the U.S. without proper documentation.
  • Missing an immigration court date.

2. Detention

  • You are detained and placed in an ICE facility.
  • You or your representative are told about the reasons for the detention as well as your rights.

3. Determine the Bond Amount

In order to be released from the ICE holding facility, ICE may set a bond amount based on the individual’s case. If they don’t, or if the detainee disagrees with the amount, they can request a bond hearing with an immigration judge. Unfortunately, every person that gets detained will not be eligible to receive an immigration bond.

4. Find a Good Immigration Bail Bonds Company

You or your family finds a bail bonds company who knows what they’re doing to help handle the paperwork and secure the bond. Be sure to keep in mind that most bail bonds companies do not process actual immigration bonds. They are licensed at the County level, not the Federal level. So, locating the right bail bonds company makes a big difference.

5. Fill out the ICE Paperwork

The bail bonds company manages the required documents and ensures everything is in order. Once the paperwork is completed, the immigration bond will be posted. At Southern Bail Bonds, we can generally get your loved one back home the exact same day as long as the cosigner completes their paperwork before noon.

6. Bond Payment

The bail bonds company or the family pays the bond amount. This acts as a guarantee that the detained person will attend all mandatory court hearings.

7. Release from Detention

Once the bond is posted and accepted, the detainee is released from the ICE facility.

8. Attending Court Hearings

Once released, you must attend all immigration court hearings. Missing a hearing can lead to re-arrest and losing your money or property you put up for the bond.

9. Bond Refund

If you follow all of the conditions, including attending all court hearings, the bond amount can be refunded at the end of the process, minus any fees.

10. Case Resolution

Depending on the court’s decision, you might be allowed to stay in the U.S., face deportation, or have another outcome based on their specific situation.

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Eligibility and Obtaining Immigration Bonds

Securing an immigration bond isn’t a universal right for all detainees held by Immigration and Customs Enforcement (ICE). The eligibility for such a bond is determined through a formal procedure known as a bond hearing. This hearing is conducted either by an ICE officer or an immigration judge, contingent on the specific circumstances.

The eligibility is based on several factors including:

  • The detainee’s immigration status.
  • Criminal record.
  • Employment situation.
  • Family connections in the U.S.
  • The potential risk they pose to public safety or the likelihood of them running away.

If the detainee is found to be eligible for a bond, it can be posted by any individual who is 18 years or older and legally residing in the U.S. The person posting the bond is required to show identification and proof of their legal status. The payment for immigration bonds is strictly limited to money orders or cashier’s checks, payable to the Department of Homeland Security.

Upon payment of the bond, ICE typically releases the detainee within a few hours to a few days, depending on logistical factors. Post-release, the individual is allowed to prepare their legal defense outside of detention, provided they comply with all immigration court deadlines and appearances. Failure to do so could lead to forfeiture of the bond and enforcement of their removal from the U.S.

Denial of Bond

Unfortunately, every person that gets detained will not be eligible to receive an immigration bond. For instance, if a detainee has been previously deported within the last 10 years, they will not receive an immigration bond. Additionally, any detainee that has been charged with an elevated felony offense will not be granted an immigration bond. Elevated felony offenses include any aggravated (violent) charges, manufacture & delivery (drug making and selling) charges, and many crimes against children, the elderly or disabled.

If the detainee is perceived as a threat to national security or public safety, ICE or the court holds the right to deny the bond.

ICE immigration laws

Types of Immigration Bonds

Immigration bonds come in two primary forms: Delivery Bonds and Voluntary Departure Bonds.

Delivery Bond

This is the most prevalent type of immigration bond. Its purpose is to ensure the court that the detainee will attend all immigration hearings. To qualify for a delivery bond, an arrest warrant and a notice of custody conditions must be issued by ICE or an immigration judge. The cost of a delivery bond is set by the judge or ICE and can fluctuate based on the detainee’s immigration status, criminal history, employment status, and family ties in the United States.

Voluntary Departure Bond

In certain situations, a detainee may be offered the choice to voluntarily exit the country at their own expense within a specified timeframe. This is referred to as a Voluntary Departure Bond. If the individual successfully leaves the country within the allotted time, the bond amount is refunded. However, failure to do so results in the forfeiture of the bond.

Understanding the type of bond you qualify for can significantly aid in formulating your legal strategy and financial planning. Southern Bail Bonds has been providing immigration bonds for over 20 years. Please reach out to us with any questions.

How Bail Bond Agents Help with Immigration Bonds

Immigration bond procedures can be complex, so finding a competent bail bond agent is very important. Professionals – such as Southern Bail Bonds – seasoned in the field, specialize in setting up surety bonds for individuals detained and facing removal proceedings.

Commonly referred to as bail bondsmen, these agents offer a financial assurance to the court that the detained individual will attend all necessary court proceedings. This assurance is provided in return for a premium, a non-refundable fee that is usually a percentage of the total bond amount.

There are several advantages of working with a bail bond agent, including:

  • They handle all of the complex paperwork.
  • Have an in-depth understanding of the legal process.
  • Making sure that the bond is posted correctly and promptly.
  • Giving their professional guidance to the detainee’s family throughout the immigration court process, help keep track of court dates, and offer support that goes beyond securing the release of the detainee.

What Does a Bond Agent Do?

Case Evaluation

When someone is detained due to immigration issues, it’s important to understand if they can get a bond to be released. In the “Case Evaluation” step, we look closely at the details of the individual’s situation. We’ll figure out if the person can qualify for a bond and what type of bond might be best. This is like a doctor checking a patient to see what treatment they need. Our agent’s goal is to find the best way to help the detained person get released while they wait for their court date.

Explain the bond terms and conditions

We know bonds can seem a bit tricky, especially if you’re going through this for the first time. Don’t worry, we’re here to help. Think of us as your guide. We’ll walk you through all the bond details, breaking them down into simple terms. We’ll chat about what’s expected, any costs involved, and what could happen if things don’t go as planned. Our goal is to make everything clear and easy for you.

Document Management

Handling paperwork can be overwhelming, especially when it’s tied to something as important as an immigration bond. That’s why our dedicated team is here to take care of it for you. Proper document management is the backbone of the bond process. It ensures that every piece of information is correctly recorded, gathered, and submitted on time. Any slip-ups or delays in this step can lead to unnecessary complications or even prolong the detainment. By entrusting Southern Bail Bonds with this task, you’re ensuring accuracy, timeliness, and a smoother path to securing the bond. We prioritize getting everything right the first time, so you can have peace of mind.

Handling Money

Money matters, especially in situations like this. At Southern Bail Bonds, we’ve adopted a special approach to ensure every dollar is properly handled and tracked. We manage and process bond payments for detainees, making sure the bond payment is sent correctly and promptly to the U.S. Immigration and Customs Enforcement (ICE) or the Department of Homeland Security While some might overlook the details, we believe in taking extra care. Think of us as a trusted friend, double-checking and ensuring your funds are safe and go where they’re supposed to. With our approach, you can feel confident that your finances are in good hands, and you’re being looked after by a team that genuinely cares.

Compliance and Monitoring

We understand how deeply personal and concerning this journey can be. At Southern Bail Bonds, we’re not just here to help with the initial steps but to stand by you throughout the whole process. It’s essential to remember all the court dates and to stick to the bond’s conditions and terms. We’ll be there, reminding you of these dates and helping confirm that all bond conditions are being met. Think of us as a friend who’s got your back, ensuring everything is in line with what’s required. We’re here to make sure everything goes smoothly, and you have one less thing to worry about.

Advantages of Hiring a Bail Bond Agent vs. Doing it Yourself

  • Expertise Matters: Southern Bail Bonds has over 30 years of experience. We know the ins and outs of the bond process, ensuring everything is done right.
  • Avoid Costly Mistakes: Doing it yourself can lead to errors. Mistakes in paperwork or missing deadlines can jeopardize the bond and even lead to added costs.
  • Save Time: We handle all the paperwork and work with the authorities. This means a quicker release for your loved one.
  • Financial Flexibility: Bonds can be expensive. With Southern Bail Bonds, you pay a small premium instead of the full amount. Plus, we offer flexible payment options and even accept collateral.
  • Guidance Through Complexity: The immigration system is complex and even overwhelming. We break it down, offering clear guidance and support, ensuring you and your family understand every step.
  • Peace of Mind: Missing a court date or not following bond conditions can have serious consequences. We monitor all obligations, ensuring nothing is overlooked.
  • Trust in Experience: Southern Bail Bonds has helped countless families navigate the bond process. Our track record speaks for itself.
  • Emotional Support: Beyond the paperwork, we understand the emotional toll this process can take. We’re here to offer support, reassurance, and a listening ear.
  • Risk of DIY: Going it alone can be overwhelming. There’s a risk of missing vital steps, facing delays, or even jeopardizing the bond altogether.
  • Trust in Reputation: Southern Bail Bonds is known for its dedication, expertise, and commitment to helping families. Our reputation in the community stands as a testament to our quality service.

By choosing Southern Bail Bonds, you’re not just hiring a bond agent, you’re gaining a trusted partner to guide you through this challenging journey.

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214-372-2500

Cost of Immigration Bonds

paying money for a bond

An immigration bond amount is set either by an immigration judge or the ICE, and the cost is determined by several factors, primarily the perceived flight risk and potential danger the detainee may pose to the community. 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 $1,500 and can go as high as $50,000 or more.

We’ll cover some of the factors that influence the cost of immigration bonds and the various payment methods available. We’ll also point out some common payment issues. Being well-informed can help prevent unnecessary complications or delays.

Understanding these factors can help families and detainees prepare and potentially reduce bond costs. Using a bail bond agent can simplify this complex process. Our in-depth understanding of the system can guide you towards the most favorable outcome.

Determining Bond Cost

The financial aspect of immigration bonds is not a one-size-fits-all scenario. The cost fluctuates, influenced by a lot of factors. The Department of Homeland Security (DHS) sets the minimum bond amount at $1,500, but the upper limit can reach $50,000 or more, contingent on the specifics of the case. In some parts of the country, they average $7,500, while in others, the average cost approaches $15,000.

Two primary elements come into play when setting the bond cost:

  • Flight Risk: This factor looks at the likelihood of the detainee attending all court dates. The judge considers various aspects, including the detainee’s family connections in the United States, employment track record, and any past immigration violations. Detainees deemed a high flight risk may face a steeper bond amount.
  • Threat to the Community: The judge also evaluates whether the individual poses a threat to society. This assessment involves scrutinizing the detainee’s criminal history, the gravity of any crimes committed, and potential future risks.

A detainee’s immigration history can also influence the bond cost. Repeat immigration violators or individuals who have previously been deported may face a higher bond amount.

How Do I Pay For an Immigration Bond?

Once the bond cost is established, various payment methods are available.

  • Cash Bond: The detainee or a family member can pay the entire bond amount directly to the DHS. You can make the payment using money orders, cashier’s checks, certified checks, or via the DHS’ online payment portal CeBONDS. Upon completion of all immigration proceedings, the bond amount is refundable to the person who posted it, no matter the outcome of the case.
  • Surety Bond: If paying the full bond amount is not feasible, a surety bond is an alternative. This involves partnering with an immigration bail bond agency such as Southern Bail Bonds. We act as the surety, assuring the DHS of the total bond amount, while the individual pays a fraction of the bond as a premium to the agency.

Implications of Non-Compliance with Immigration Bond Terms

arrested for immigration violation

Immigration bonds, like other legal agreements, come with a set of rules that must be strictly observed. Failing to comply with these terms can result in serious legal repercussions, affecting both the detainee and the bond poster.

Consequences of Non-Payment

Fulfilling the financial obligations of an immigration bond is extremely important, and failure to do so can have significant repercussions. If a surety bond is not paid according to the agreed-upon plan, the bail bond agency is entitled to recover the debt. This could involve seizing any collateral used to secure the bond, such as a house, car, or other valuable assets.

In the case of a cash bond, if the full bond amount is not paid, the detainee will remain in custody until the bond is paid in full or until the immigration proceedings are concluded.

In both scenarios, failure to fulfill the bond’s financial obligations could adversely affect the individual’s immigration case, including potential considerations for future bond release. Defaulters can be reported to credit agencies, potentially damaging their credit score and hindering their ability to secure loans or open new credit lines in the future.

It’s very important to manage bond payments responsibly and correctly. Engaging a reputable bail bonds agent like Southern Bail Bonds can provide valuable guidance in understanding these potential consequences and ensuring strict adherence to bond conditions.

Consequences of Violating Bond Terms

Non-compliance with the rules of an immigration bond can result in serious consequences. One of the fundamental conditions when an individual is released on an immigration bond is their commitment to attend all court hearings. Failure to do so is deemed as a breach of the bond agreement.

The immediate repercussion of such a violation is the loss of the bond. For a cash bond, the entire amount is surrendered to the government. In the scenario of a surety bond, the bail bond agency is obligated to remit the full bond amount to the government. The agency will then attempt to recoup this amount from the detainee or the signatories of the bond agreement, potentially through the seizure of collateral.

To illustrate, let’s consider John, who was released on a surety bond but failed to attend his court hearing. As a result, the bail bond agency had to pay the full bond amount to the government. The agency then sought to recover this amount from John and those who co-signed the bond agreement, which included seizing John’s car that was used as collateral.

Moreover, the government may opt to re-arrest the individual and recommence removal proceedings. This violation could significantly diminish the individual’s chances of being granted a bond in the future.

The ramifications of violating bond terms extend beyond financial losses. It can also lead to a loss of credibility in subsequent court proceedings, which could negatively impact the individual’s immigration case.

Given these potential repercussions, you must adhere to the bond terms. A bail bond agent can offer further advice on this process and the potential pitfalls to avoid.

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Useful Information

Important ICE Forms

The U.S. Immigration and Customs Enforcement (ICE) has specific forms related to immigration bonds. Here are the primary ICE forms associated with immigration bonds:

  • Form I-352, Immigration Bond: This is the primary form used for posting an immigration bond. It outlines the terms and conditions of the bond and serves as an agreement between the obligor (the person or entity posting the bond) and the U.S. government.
  • Form I-391, Notice – Immigration Bond Cancelled: This form is issued by ICE to notify the obligor that the bond conditions have been met and that the bond has been canceled. It indicates that the bond amount should be returned to the obligor.
  • Form I-305, Receipt of Immigration Officer – United States Immigration Bond: This is the receipt provided to the obligor when the bond is posted. It serves as proof of payment and should be retained for records and potential future use, especially when seeking a bond refund.
  • Form I-395, Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security: This form is used when the original receipt for a bond or other collateral is lost. It serves as an affidavit to replace the lost receipt.

Relevant Links

IMMIGRATION DETENTION AND REMOVAL: A Guide for Detainees and Their Families: https://www.nilc.org/wp-content/uploads/2015/12/detentionremovalguide_2006-02.pdf

The U.S. Immigration and Customs Enforcement (ICE) official website provides detailed information about detention and removal, including the process of obtaining immigration bonds https://www.ice.gov/detain, https://www.ice.gov/remove

The U.S. Department of Homeland Security (DHS) oversees immigration enforcement and provides resources related to various immigration processes. https://www.dhs.gov/immigration-statistics

The Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases in the U.S. Their website provides resources related to immigration court procedures. https://www.justice.gov/eoir

The U.S. Citizenship and Immigration Services (USCIS) agency oversees lawful immigration to the U.S. Their website provides forms, tools, and resources related to various immigration processes. https://www.uscis.gov/

ICE online detainee lookup. Use this page to locate a detainee who is currently in ICE custody. https://locator.ice.gov/odls/#/index

Immigration Court practice manual (describes procedures, requirements, and recommendations for practice before the immigration courts) https://www.justice.gov/eoir/reference-materials/ic

Common Questions Our Clients Have About Immigration Bonds

Not always. An ICE hold is not an order of deportation or removal, it means that the individual will likely be taken into immigration custody by ICE officials. While they are in immigration custody, a legal determination will then be made if that individual should be deported or whether they are able to remain in the United States.
An immigration bond remains in effect until ICE issues Form I-391, which is the “Notice – Immigration Bond Cancelled”
Usually, if the detainee is eligible, their bond will be assigned the same day they were detained. But there are times when immigration bail bonds won’t be assigned until a later date. Each case is different and will be decided on based on the individual detainee’s situation. All bonds have to be paid in full before the detainee can be released.
No. If a person is released from detention on an immigration bond, that does not mean they have been granted any type of residency or citizenship. And a bond does not mean the end of deportation hearings. It simply means the person and/or their family is guaranteeing they will show up for all hearings.

For a delivery bond, ICE will issue a cancellation notice if any of the following occur before a bond breach:

  • ICE takes the person back into its custody
  • ICE removes the person from the United States
  • The person dies

For a voluntary departure bond, ICE will issue a cancellation notice if:

  • The court lets the person leave on their own and there’s proof they left on time.
  • The person dies before they were supposed to leave.

ICE will issue a cancellation notice on an Order of Supervision bond if:

  • The noncitizen complies with all terms of the Order of Supervision while it remains in effect.

An obligor is someone who pays the bond for a noncitizen. By doing this, they promise that the non-citizen will follow the government’s rules.

CeBONDS is an online system introduced by U.S. Immigration and Customs Enforcement (ICE) to make the immigration bond process more modern and efficient.

  • People can use CeBONDS to check if someone is eligible for an immigration bond.
  • Instead of going to an office, you can pay immigration bonds online through CeBONDS.
  • After paying a bond, CeBONDS will send updates and notices electronically.
  • If someone you know is detained and needs an immigration bond, you can use CeBONDS to pay it.
  • Obligors who promise to pay the bond can use CeBONDS to get updates and make sure everything is in order.

The judge will tell you that you have “the burden of proof” which means you must convince the judge that you are not a danger or a flight risk.

Just saying you’ll be good isn’t enough. The judge wants things like:

  • Family members’ birth certificates or green cards.
  • Paychecks.
  • A paper showing where you live.
  • Letters from family, friends, bosses, or religious leaders.
You don’t need to pay the bond immediately. Someone else with legal US status can pay it for you, but you’ll only be set free once the bond is paid.

Yes, an illegal immigrant is qualified for an immigration bond in the event that he or she is being detained by ICE.