What are immigration bail bonds?

Nov 1, 2021 | Uncategorized

Handcuffs next to a passport.

Understanding Immigration Law

Immigration issues aren’t just along the southern borders. Other states like Tennessee have needs for immigration bail bonds too. Immigration bail bonds are like a standard bail bond, but for immigration purposes. 

When ICE (Immigration and Customs Enforcement) arrests a person suspected of being undocumented in this country, they are taken into custody. The decision on allowing any immigration bail bonds to be issued is that of a deportation officer. There are two different types of immigration bail bonds: 

  • Voluntary Departure Immigration Bail Bonds: These are granted to undocumented immigrants that have agree to leave the country at their expense. They are given a set time frame in which they must depart. The standard removal proceedings are not always necessary before these immigration bail bonds are issued. 
  • Delivery Immigration Bail Bonds: Immigration bail bonds of this type work like regular bail bonds, allowing detainees to be released on a temporary basis with the condition they will return for all mandated court appearances. 

What is mandatory detention under immigration law?

Mandatory detention is a provision of the Immigration and Nationality Act (INA) that states any non-citizens with particular criminal convictions are to be detained by ICE. Those who are subjected to the mandatory detention provision are not entitled to an immigration bail bond hearing and will remain detained until removal proceedings are forthcoming.

The purpose of immigration detention is for holding individuals that are suspected of illegal entry, unauthorized arrival, or visa violations. Immigration detention may also be implemented for an immigrant that is subject to being deported and removed until immigration authorities have decided to grant them a visa and release them or return them to their country of origin.

How long can ICE hold you in jail?

If an officer of the Immigrant and Customs Enforcement believes that an arrested immigrant can be any danger to the general public, they will request Immigration and Customs Enforcement to hold the person until they can be transferred for a hearing. Immigration and Customs Enforcement can hold a suspected illegal immigrant for forty-eight hours. During this time, they begin the process of transferring the detainee. 

What happens at an immigration bond hearing?

When an illegal alien is detained, the first thing that takes place is they are issued an alien number, referred to as the “A” number. This will be how their families or immigration lawyer can find information about them. 

ICE will then determine if they are eligible for an immigration bail bonds. They are then allowed to contact a family member or immigration lawyer. At that point, that person is able to post bail for them if they were granted bail by ICE. If their bail was denied, they will be granted an immigration bail bond hearing. 

What takes place at an immigration bail bonds hearing will depend on what the person has been detained for. A simple immigration violation like a minor criminal infraction or overstaying a visa, simply will need to prove they are not a flight risk and will return for all court mandated appearances. This can be done by any of the following measures: 

  • Demonstrating they have family ties here
  • Demonstrating they have community ties
  • Provide proof an immigration lawyer has been obtained
  • Demonstrate plans for a solid case
  • Provide evidence of any immigration benefits eligibility plans 

Any illegal alien that is suspected of criminal issues like being charged or convicted of a crime must convince they are not any danger to the general public. This can be done by submitting evidence of character in good standing and anything that will overshadow the crime that was committed. 

What are the chances of getting an immigration bond?

Nationally, one in every four persons detained by ICE for immigration reasons is released on immigration bail bonds. That was just over 23,500 in May of 2018. The median cost of bail bonds for immigration between 2001 and 2014 was $5,000 with the average cost at $7500. 

Not only does a suspected alien need to demonstrate their good intentions, but they also need to produce the money for immigration bail bonds. In addition, they have the expense of an immigration lawyer. As with regular arrest and bail bond filing, if they have had gainful employment, they will likely lose that job and have trouble securing another job. With lack of employment, all the other things fall into place like buying food, paying rent, etc. 

How do I get a bond?

Immigration bail bonds are technically a “surety bond”, or a contract between three parties: 

  • Homeland Security
  • The Obligor (Surety) and co-obligor (Agent)
  • The principal aka alien or defendant

The Obliger/Agent are guaranteeing Homeland Security that the alien defendant will appear at all mandated court dates after being released on immigration bail bonds. If there is a co-signer (Indemnitor), they are guaranteeing the immigration bail bonds agent the defendant will appear at all mandated court dates. 

The Indemnitor pays the bail bond fee, many immigration bail bond companies have a fixed fee based on the bail bond total. Other immigration bail bond companies have an annual premium that is a percentage of the set bail bond with a 2-year minimum. The annual premium method is the more expensive option. 

To arrange immigration bail bonds, collateral is required, typically this is equity in a home or a credit card. Immigration bail bonds companies have other creative ways for collateral to be set in place. 

Gavel next to a pile of money.

Closing Words    

Are immigration bail bond refunds possible? Yes, after the defendant has been released, the obligator that paid the bond will get their money back once the following has been completed: 

  • The defendant met all court mandated appearances
  • The defendant was granted legal status or was deported
  • The obligator has completed Form I-391 from ICE

For any person that is arrested on immigration issues, it is to their benefit to seek the services a lawyer that specializes in immigration bail bonds and immigration status requirements. This isn’t something to navigate alone. The immigration laws are confusing in Tennessee and across the country. For more help with immigration bail bonds, get in touch with [nw_data field=company] at 901-476-1125.

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