Navigating the legal landscape of bail bonds can be challenging, and when immigration issues are involved, the complexity increases. Immigration-related bail bonds serve as a lifeline for detained individuals, allowing them to secure temporary release while their legal status or removal proceedings are addressed.
Understanding the nuances of these cases is essential for detainees, their families, and their legal representatives. Here is our guide to bail bonds in immigration cases, including special considerations.
What Are Immigration Bonds?
Immigration bonds are financial guarantees that ensure a detained individual will comply with court orders, such as attending scheduled hearings and complying with removal or deportation directives if issued. Unlike bail bonds for criminal cases, which are handled in state or federal courts, immigration bonds fall under the jurisdiction of the Department of Homeland Security (DHS) and immigration courts.
There are two primary types of immigration bonds:
- Delivery Bond (Form I-352). Issued to a detained individual so they can live outside of detention while awaiting immigration proceedings. The detainee must agree to appear for all hearings.
- Voluntary Departure Bond. Allows the detainee to leave the U.S. voluntarily within a specified time. This bond is refunded once the individual exits the country as agreed.
Differences Between Criminal Bail Bonds and Immigration Bonds
While both types of bonds share the fundamental goal of securing compliance with legal obligations, they differ significantly in their processes, requirements, and enforcement:
- Jurisdiction. Immigration bonds are overseen by DHS and immigration courts, not criminal courts.
- Eligibility Determination. In criminal cases, judges determine bail eligibility based on factors like flight risk and criminal history. In immigration cases, Immigration and Customs Enforcement (ICE) officers or immigration judges assess eligibility, considering immigration status along with the potential for flight risk and criminal history.
- Bond Amounts. Immigration bond amounts tend to be higher, often ranging from $1,500 to $25,000 or more, depending on the detainee’s circumstances.
Challenges and Considerations in Immigration Bail Bonds
Securing an immigration bond involves unique challenges:
- Language and Cultural Barriers. Detainees may face difficulties understanding legal terminology or accessing resources due to language differences.
- Proof of Ties to the Community. Immigration courts often require extensive documentation to prove that the detainee is not a flight risk. This may include evidence of family connections, employment, or property ownership in the U.S.
- Co-Signer Requirements. A co-signer, often a family member or friend, must prove financial capability to pay the bond amount and ensure the detainee complies with court orders.
- Non-Refundable Fees. If a bondsman is used, a significant portion of the bond — typically 10-15% (12% in Louisiana) — is non-refundable, even if the case is resolved favorably.
Special Considerations for Undocumented Immigrants
Undocumented individuals face additional hurdles. For instance, ICE may label certain individuals as ineligible for bonds if they have prior removal orders or criminal convictions. Also, immigration bonds are generally unavailable for individuals classified as “mandatory detainees,” such as those with certain criminal histories.
How to Secure an Immigration Bond
The process begins with determining eligibility. If ICE initially denies bond, the detainee or their attorney can request a bond hearing before an immigration judge. At this hearing, the detainee must demonstrate that they are neither a flight risk nor a danger to the community.
Once the bond amount is set, payment can be made directly to ICE’s Enforcement and Removal Operations (ERO) office or through a licensed bond agency specializing in immigration cases. In the state of Louisiana, you need to contact the U.S. Immigration and Customs Enforcement New Orleans Field Office located in New Orleans (1250 Poydras Street, Suite 325). (And here’s the ICE guide to posting an immigration bond.)
The Role of Legal Representation
Immigration laws are intricate, and the stakes are high. Having an experienced immigration attorney is crucial. An attorney can advocate during bond hearings, ensure compliance with court orders, and help the detainee navigate their case while out on bond.
The Bottom Line
Bail bonds in immigration cases play a critical role in preserving the rights and dignity of detainees while allowing them to reunite with loved ones and prepare their legal defense. Understanding the unique aspects of immigration bonds, including their higher costs and specialized requirements, is key to navigating the process effectively.
If you or a loved one is dealing with immigration-related detention, consulting with both an immigration attorney and a trusted bail bond provider is a vital first step toward resolving the situation.
Frequently Asked Questions About Posting an Immigration Bond
What is an immigration bail bond?
An immigration bond is an amount of money paid to the Department of Homeland Security to assure them that if you are released, you will come to court for all your future hearings (and ICE check-ins).
How much is an immigration bond?
By law, the lowest amount is $1,500. It can go as high up as $25,000, but there’s no upper limit.
How do I recover immigration bond money?
Getting the bond money back involves sending Form I-391 and your original immigration bond receipt, known as Form I-305, to the Debt Management Center. If you have Form I-352, which is the original copy of the bond contract, you should include it in your mailing.
How long does an immigration bond last?
An immigration bond remains in effect until ICE issues a Notice – Immigration Bond Cancelled (Form I-391) after the defendant complies with all the terms. It will also be canceled if ICE takes the non-citizen back into custody, the person leaves the United States, or dies.
Who is not eligible for an immigration bond?
Those who are determined to be a danger to the community or a flight risk may not be eligible. Prior criminal convictions and past deportations are also factors that determine eligibility.
Who qualifies for an immigration bond in Louisiana?
Most Green Card holders and undocumented individuals in Louisiana are eligible for an immigration bond as long as their case does not involve serious crimes like aggravated felonies, suspected terrorism, crimes of moral turpitude, or possession of controlled substances.
How much is a Louisiana immigration bail bond?
The cost of a typical immigration bond in the state of Louisiana ranges from $1,500 (the required minimum) to $10,000 depending on the circumstances of the immigration case.
What is a voluntary departure bond?
An immigrant permitted to depart voluntarily is required to post a voluntary departure bond, in an established amount, to be returned upon proof that the immigrant has departed the United States within the time specified.
Can you come back after your voluntary departure?
There are several options for re-entering the United States legally after a voluntary departure from the United States. One of the most common is the re-entry on a valid non-immigrant visa.
About Affordabail
Affordabail is a local bonding company. With several locations throughout the state of Louisiana, we service St. Tammany Parish Jail in Covington, Livingston Parish Jail in Livingston, Jefferson Parish Jail in Gretna, Tangipahoa Parish Jail in Amite, St. John Parish Jail in Laplace, and many more.
For more than 20 years in the industry, Affordabail Bail Bonds has been providing both families and individuals with expedient and efficient bail service. We are reliable at any time, day or night. We are always here for our clients and we treat people who require bail as people, not criminals. There is no way of knowing the circumstances behind what has happened to an accused, and we firmly believe in “innocent until proven guilty.” This respectful approach to our clients is part of what makes Affordabail better than the competition.
We process all bond payments securely, and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want loved ones to stay in custody longer than necessary. Our bail bondsman will make the entire process of obtaining bail simple and painless. Let industry knowledge work for you.
We offer payment plans, too. For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.
